Vilsack

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CENTER FOR ENVIRONMENTAL Case No. 18-cv-01763-RS (TSH) HEALTH, et al., 8 Plaintiffs, DISCOVERY ORDER 9 v. Re: Dkt. Nos. 91, 92, 93, 96 10 SONNY PERDUE, et al., 11 Defendants. 12 13 14 On January 19, 2017, the United States Department of Agriculture (“USDA”) published a 15 final rule setting detailed standards for organically produced livestock. The Organic Livestock 16 and Poultry Practices (“OLPP”) Rule was set to become effective on March 20, 2017, but the 17 USDA delayed the effective date of the rule three times, before finally withdrawing it in March 18 2018. Plaintiffs challenge the withdrawal of that rule, arguing that the revocation is unlawful 19 under the Organic Foods Production Act (“OFPA”) and arbitrary and capricious and unlawful 20 under the Administrative Procedure Act (“APA”). 21 “Generally, judicial review of agency action is limited to review of the record on which the 22 administrative decision was based.” Thompson v. U.S. Dept. of Labor, 885 F.2d 551, 555 (9th Cir. 23…