US Citrus Sci. Council v. U.S. Dep't of Agric.

Good Law
312 F. Supp. 3d 884
United States District Court, Eastern District of CaliforniaFebruary 27, 2018Case No. 1:17–cv–00680–LJO–SABCalifornia14,725 words

Opinion

Lead Opinion

Lawrenceneill, J.

*891 I. INTRODUCTION

Plaintiffs US Citrus Science Council, Santa Paula Creek Ranch, CPR Farms, Green Leaf Farms, Inc., Bravante Produce, and Richard Bagdasarian, Inc. (collectively, "Plaintiffs") bring this action against Defendants United States Department of Agriculture ("USDA"), Sonny Perdue, Secretary of Agriculture, and Kevin Shea, Administrator, Animal and Plant Health Inspection Service ("APHIS") (collectively, "Defendants" or the "Government"), to challenge a rule lifting the ban on lemons imported from Argentina (the "Rule" or "Final Rule"). Both parties move for summary judgment. This matter is suitable for disposition without oral argument. See Local Rule 230(g). For the reasons set forth below, Plaintiffs' motion for summary judgment is DENIED, and Defendants' cross-motion for summary judgment is GRANTED.

II. BACKGROUND

A. Statutory Framework

1. Plant Protection Act

The Plant Protection Act ("PPA") authorizes the Secretary of the USDA to issue regulations "to prevent the introduction of plant pests into the United States or the dissemination of plant pests within the United States." 7 U.S.C. § 7711 (a). The Secretary delegated that authority to the Animal and…

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