Friends of the Hop Marketing Order v. John R. Block, Secretary of United States Department of Agriculture
Opinion
Opinion
This is an appeal from denial of a preliminary injunction which Friends of the Hop Marketing Order sought in order to put a halt to USDA rulemaking proceedings which Friends asserts have been irrevocably tainted by policy directives from the White House. Because the issues presented are not ripe for judicial review, we affirm.
Early in 1984, USDA began the formal rulemaking procedures, see 5 U.S.C. §§ 556 , 557, required for amendment of the marketing order under which the domestic hop industry operates. 7 U.S.C. § 608c; 7 C.F.R. § 991 . The appropriate administrative hearings were scheduled for June 12, 1984. On June 8th, Friends’ request for an injunction was denied and, after reconsideration, denied again on June 15. The hearings began as scheduled, and continued until June 30. Promulgation of a new order by the Secretary of Agriculture is still pending.
Friends has presented evidence to support its allegation that the result of the rulemaking proceeding is a foregone conclusion, one unfavorable to plaintiff hop growers. The evidence also indicates that the USDA is taking a particularly anti-grower approach to deregulation of this small agricultural industry.