Sequoia Orange Co. v. Clayton Yeutter
Opinion
Opinion
Brunetti, J.
The Secretary of Agriculture appeals the district court’s decision to invalidate amendments to a marketing order because the Secretary did not comply with the Administrative Procedure Act. We affirm.
FACTS
Under the Agricultural Marketing Agreement Act (“AMAA”) the Secretary of Agriculture has authority to implement marketing orders regulating the sale and delivery of certain agricultural products. 7 U.S.C. § 601 et seq. Since 1954 the Secretary has enforced marketing orders for the sale of Valencia oranges (and navel oranges) in Arizona and California. Part of the order imposes a quota on the number of oranges producers of Valencia oranges (“growers”) may sell each week. The regulatory scheme under the AMAA requires that amendments to the order be favored by at least 75% of the growers or by growers producing at least two-thirds of the total volume of oranges. 7 U.S.C. § 608c(8)-(9).
In March of 1983, the agency responsible for administering the AMAA announced that it was considering amending the Valencia Marketing Order. 48 Fed.Reg. 11276 (March 17,1983). The AMAA specifically requires a notice and hearing before considering marketing orders. 7 U.S.C. § 608c(3). A notice was…