Barlow v. Collins

397 U.S. 159, 90 S. Ct. 832, 25 L. Ed. 2d 192, 1970 U.S. LEXIS 90
CourtSupreme Court of the United States
DecidedMarch 9, 1970
Docket249
StatusPublished
Cited by939 cases

This text of 397 U.S. 159 (Barlow v. Collins) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barlow v. Collins, 397 U.S. 159, 90 S. Ct. 832, 25 L. Ed. 2d 192, 1970 U.S. LEXIS 90 (1970).

Opinions

Mr. Justice Douglas

delivered the opinion of the Court.

The question to be decided in this case is whether tenant farmers eligible for payments under the upland cotton program enacted as part of the Food and Agriculture Act of 1965, 79 Stat. 1194, 7 U. S. C. § 1444 (d) (1964 ed., Supp. IV), have standing to challenge the validity of a certain amended regulation promulgated by the respondent Secretary of Agriculture in 1966.

The upland cotton program incorporates a 1938 statute, § 8 (g) of the Soil Conservation and Domestic Allotment Act, as amended, 52 Stat. 35 and 205, 16 U. S. C. § 590h (g), thereby permitting participants in the program to assign payments only “as security for cash or advances to finance making a crop.” 1 The regulation [161]*161of the respondent Secretary of Agriculture in effect until 1966 defined “making a crop” to exclude assignments to secure “the payment of the whole or any part of a cash . . . rent for a farm.”' 20 Fed. Reg. 6512 (1955).2 Following passage of the 1965 Act, however, and before any payments were made under it, the Secretary deleted the exclusion and amended the regulation expressly to define “making a crop” to include assignments to secure [162]*162“the payment of cash rent for land used [for planting, cultivating, or harvesting]." 31 Fed. Reg. 2815 (1966).3

Petitioners, cash-rent tenant farmers suing on behalf of themselves and other farmers similarly situated, filed this action in the District Court for the Middle District of Alabama. They sought a declaratory judgment that the amended regulation is invalid and unauthorized by statute, and an injunction prohibiting the respondent federal officials from permitting assignments pursuant to the amended regulation.4 Their complaint [163]*163alleged that the petitioners are suffering irreparable injury under the amended regulation, because it provides their landlord “with the opportunity to demand that [they] and all those similarly situated assign the [upland cotton program] benefits in advance as a condition to obtaining a lease to work the land.” 5 As a result, the complaint stated, the tenants are required to obtain financing of all their other farm needs — groceries, clothing, tools, and the like — from the landlord as well, since prior to harvesting the crop they lack cash and any source of credit other than the landlord. He, in turn, the complaint alleges, levies such high prices and rates of interest on these supplies that the tenants’ crop profits are consumed each year in debt payments. Petitioners contend that they can attain á “modest measure of economic independence” if they are able to use their “advance subsidy payments . . . [to] form cooperatives to buy [supplies] at wholesale and reasonable prices in lieu of the excessive prices demanded by [the landlord] of . . . captive consumers with no funds to purchase elsewhere.” Thus, petitioners allege that they suffer injury in fact from the operation of the amended regulation.

The District Court, in an unreported opinion, held that the petitioners “lack standing to maintain this action against these [respondent] governmental officials,” because the latter “have not taken any action which directly invades any legally protected interest of the plaintiffs.” The Court of Appeals for the Fifth Circuit affirmed, one judge dissenting. 398 F. 2d 398. It held that petitioners lacked standing not only because they alleged [164]*164no invasion of a legally protected interest but also because petitioners “have not shown us, nor have we found, any provision of the Food and Agriculture Act of 1965 which either expressly or impliedly gives [petitioners] standing to challenge this administrative regulation or gives the Courts authority to review such administrative action.” Id., at 402. We granted certiorari. 395 U. S. 958.

Our decision in Data Processing Service v. Camp, ante, p. 150, leads us to reverse here.

First, there is no doubt that in the context of this litigation the tenant farmers, petitioners here, have the personal stake and interest that impart the concrete adverseness required by Article III.

Second, the tenant farmers are clearly within the zone of interests protected by the Act.

Implicit in the statutory provisions and their legislative history is a congressional intent that the Secretary protect the interests of tenant farmers. Both of the relevant statutes expressly enjoin the Secretary to do so. The Food and Agriculture Act of 1965 states that “[t]he Secretary shall provide adequate safeguards to protect the interests of tenants . . . .” 79 Stat. 1196, 7 U. S. C. § 1444 (d) (10) (1964 ed., Supp. IV).6 Title 7 U. S. C. § 1444 (d) (13) (1964 ed., Supp. IV), as noted earlier, incorporates by reference § 8 (g), as amended, 52 Stat. 35 and 205, 16 U. S. C. § 590h (g). Section 8 (b) of that Act, in turn, provides that “the Secretary shall, as far as practicable, protect the interests of tenants . . . .” 52 Stat. 32, 16 U. S. C. § 590h (b). The legislative history of the “'making a crop” provision, though sparse, similarly , indicates a congressional intent [165]*165to benefit the tenants.7 They are persons “aggrieved by agency action within the meaning of a relevant statute” as those words are used in 5 U. S. C. § 702 (1964 ed., Supp. IV).

Third, judicial review of the Secretary’s action is not precluded. The Court of Appeals rested its holding on the view that no provision of the Food and Agriculture Act of 1965 “expressly or impliedly . . . gives the Courts authority to review such administrative action.” 398 F. 2d, at 402. Whether agency action is reviewable often poses difficult questions of congressional intent; and the Court must decide if Congress has in express or implied terms precluded judicial review or committed the challenged action entirely to administrative discretion.

The Administrative Procedure Act, 5 U. S. C. § 701 (a) (1964 ed., Supp. IV), allows judicial review of agency action except where “(1) statutes preclude judicial review; or (2) agency action is committed to agency discretion by law.” The amended regulation here under challenge was promulgated under 16 U. S. C. § 590d (3) which authorizes the Secretary to “prescribe such regulations, as he may deem proper to carry out the provisions of this chapter.” Plainly this provision does not expressly preclude judicial review, nor does any other provision in either the 1938 or 1965 Act. Nor does the authority to promulgate such regulations “as he may [166]

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Bluebook (online)
397 U.S. 159, 90 S. Ct. 832, 25 L. Ed. 2d 192, 1970 U.S. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barlow-v-collins-scotus-1970.