UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
CENTER FOR ENVIRONMENTAL
HEALTH, et al., Case No. 18-cv-01763-RS
Plaintiffs,
ORDER GRANTING MOTION TO
v. REMAND AND DENYING MOTIONS
FOR SUMMARY JUDGMENT AS
THOMAS VILSACK, et al., MOOT Defendants.
I. INTRODUCTION Plaintiffs, seven nonprofit organizations, challenge the U.S. Department of Agriculture’s (“USDA”) withdrawal of the Organic Livestock and Poultry Practices (“OLPP”) Rule. Plaintiffs move for summary judgment, averring withdrawal of the OLPP Rule violated the Organic Foods Production Act (“OFPA”) and was arbitrary and capricious, contravening the Administrative Procedure Act (“APA”). Defendants (the USDA and its administrators, collectively, “the USDA”) move for voluntary remand, or alternatively for summary judgment. The OLPP Rule specified higher standards for the care of organic livestock. The Trump administration withdrew the rule (the “Withdrawal Rule”),…