Minnesota Milk Producers Ass'n v. Madigan

956 F.2d 816, 1992 WL 21813
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 11, 1992
DocketNo. 91-1594
StatusPublished
Cited by15 cases

This text of 956 F.2d 816 (Minnesota Milk Producers Ass'n v. Madigan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Minnesota Milk Producers Ass'n v. Madigan, 956 F.2d 816, 1992 WL 21813 (8th Cir. 1992).

Opinions

ARNOLD, Circuit Judge.

The Minnesota Milk Producers Association and its directors (the producers) appeal from the District Court’s dismissal of their suit seeking to have certain provisions of milk-marketing orders issued by the Secretary of Agriculture enjoined and declared invalid under the Agricultural Marketing Agreement Act of 1937 (AMAA), 7 U.S.C. §§ 601 et seq. We reverse and remand.

[817]*817On January 17, 1990, the producers filed this action under the Administrative Procedure Act, 5 U.S.C. §§ 701 et seq., challenging certain provisions of milk-marketing orders covering marketing areas east of the Rocky Mountains. The producers claimed that since these orders were originally promulgated, changed conditions have rendered their current enforcement by the Secretary unlawful under the AMAA. In general, the producers argued that the pricing structure for milk set by the Secretary’s orders stimulates an oversupply of milk, which, in turn, causes a decline in the price they receive for their milk. This decline, they concluded, is in violation of the Secretary’s obligation to maintain orderly market conditions for the producers under the AMAA. In order to remedy these perceived violations, the producers sought, among other things, an injunction compelling the Secretary to terminate or suspend certain unlawful orders as contrary to the AMAA and a declaration that the orders violate the AMAA.

The District Court dismissed the producers’ suit. It held that the AMAA precluded judicial review of their claims. Although this ruling disposed of the producers’ claims, the Court went on to state that the producers most likely lacked standing under Article III to bring their claims because the relief they sought would not redress the injury they claimed. From these rulings, the producers appeal.1

The Administrative Procedure Act authorizes suits by parties “adversely affected or aggrieved by agency action within the meaning of a relevant statute....” 5 U.S.C. § 702. This authorization is withheld, however, when the relevant statute “[precludes judicial review.” Id. at § 701(a)(1). There is no claim that the AMAA precludes all judicial review of challenges to milk-marketing orders. Indeed, 7 U.S.C. § 608c(15) explicitly provides a cause of action to milk handlers to challenge orders when they have exhausted administrative remedies. Nor is there a claim that the AMAA explicitly precludes review of the producers’ claims. The issue, then, is whether the AMAA impliedly precludes judicial review of milk producers’ claims of the kind made in this case. We conclude that it does not.

At the heart of this dispute lies the Supreme Court’s decision in Block v. Community Nutrition Institute, 467 U.S. 340, 104 S.Ct. 2450, 81 L.Ed.2d 270 (1984). After examining the over-all structure of the AMAA, the Court held that the Act impliedly precluded judicial review of milk consumers’ challenges to milk-marketing orders. The Court noted that the AMAA allows only producers and handlers to participate in the administrative proceedings to adopt milk-marketing orders, not consumers. This structure, the Court continued, “indicates that Congress intended only producers and handlers, and not consumers, to ensure that the statutory objectives would be realized.” Id. at 347, 104 S.Ct. at 2454. Another fact the Court found relevant was that only handlers — the sole group provided with an express cause of action under the Act — had administrative remedies available to them under the AMAA. This analysis led the Court to conclude that “Congress intended that judicial review of market orders issued under the Act ordinarily be confined to suits brought by handlers in accordance with 7 U.S.C. § 608c(15).” Id. at 348, 104 S.Ct. at 2455 (emphasis ours).

In reaching its conclusion that the AMAA impliedly precluded judicial review of consumers’ claims, the Court distinguished its holding in Stark v. Wickard, 321 U.S. 288, 64 S.Ct. 559, 88 L.Ed. 733 (1944). In Stark, the Court held that the AMAA did not impliedly preclude judicial review of producer challenges to the administration of market-order-settlement funds. In order to distinguish Stark, the Community Nutrition Court focused on [818]*818the difference between consumers and producers under the Act. The Court noted that in Stark the producers alleged injury to their “ ‘definite personal rights ‘that were’ not possessed by the people generally’ ” which “gave [them] standing to object to the administration of the settlement fund.” 467 U.S. at 351, 104 S.Ct. at 2456 (quoting Stark). Moreover, the Community Nutrition Court emphasized that one of the Act’s fundamental objectives is to protect the producers of milk, not the general public. Id. at 352, 104 S.Ct. at 2457. Thus, it made sense to allow producers in Stark to challenge administration of the settlement fund which was established for their benefit.

The Secretary relies on the Ninth Circuit’s decision in Pescosolido v. Block, 765 F.2d 827 (9th Cir.1985), to argue that Stark and Community Nutrition stand for the proposition that producers have a cause of action under the Act only when there is no handler of milk products to protest the Secretary’s action. Since handlers could challenge the Secretary’s orders at issue here, the argument goes, handlers alone have access to judicial review of these orders.

With all respect to the Pescosolido Court, we disagree. It is true that in Community Nutrition the Court noted the fact that in Stark handlers did not have an interest in the administration of the settlement fund. Community Nutrition, 467 U.S. at 351-52, 104 S.Ct. at 2456-57. As the Community Nutrition Court indicated, if the Court had not allowed the producers to sue in Stark, then there would have been “no forum” — either administrative nor judicial — in which the Secretary’s actions could have been challenged. Id. at 352, 104 S.Ct. at 2457 (quoting Stark, 321 U.S. at 309, 64 S.Ct. at 570). Despite this language, we believe Pescosolido read Community Nutrition and Stark too narrowly. The Community Nutrition Court emphasized that an examination of the over-all structure of the Act is necessary to determine if judicial review is precluded. Thus, even if handlers have the ability to challenge a particular action by the Secretary (a fact we are willing to assume here), that fact is not necessarily dispositive of whether producers’ claims are subject to judicial review. Other considerations present here point in favor of judicial review: the fact that handlers in this case have no reason to challenge the Secretary’s orders; that the producers are asserting a “definite personal right[]” of the kind identified in Stark;

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Koretoff v. Vilsack
614 F.3d 532 (D.C. Circuit, 2010)
White Eagle Cooperative Assoc. v. Johanns
508 F. Supp. 2d 664 (N.D. Indiana, 2007)
Canadian Lumber Trade Alliance v. United States
425 F. Supp. 2d 1321 (Court of International Trade, 2006)
Alto Dairy v. Veneman, Ann
Seventh Circuit, 2003
Minnesota Milk Producers Association, a Non-Profit Minnesota Corporation, Individually, on Behalf of Themselves and Others Similarly Situated Bill Dropik, Individually, on Behalf of Himself and Others Similarly Situated Chester Kolstad, Individually, on Behalf of Himself and Others Similarly Situated Greg Radermacher, Individually, on Behalf of Himself and Others Similarly Situated Arnold Ness, Individually, on Behalf of Himself and Others Similarly Situated Fredrick J. Bianchi, Individually, on Behalf of Himself and Others Similarly Situated Marlon Restad, Individually, on Behalf of Himself and Others Similarly Situated Delbert Mandelko, Individually, on Behalf of Himself and Others Similarly Situated John Fischer, Individually, on Behalf of Himself and Others Similarly Situated Lee Johnston, Individually, on Behalf of Himself and Others Similarly Situated Leslie Kyllo, Individually, on Behalf of Himself and Others Similarly Situated James Muzzy, Individually, on Behalf of Himself and Others Similarly Situated, Appellees/cross-Appellants v. Dan Glickman, Secretary, United States Department of Agriculture, Appellant/cross-Appellee. Minnesota Milk Producers Association, a Non-Profit Minnesota Corporation, Individually, on Behalf of Themselves and Others Similarly Situated Bill Dropik, Individually, on Behalf of Himself and Others Similarly Situated Chester Kolstad, Individually, on Behalf of Himself and Others Similarly Situated Greg Radermacher, Individually, on Behalf of Himself and Others Similarly Situated Arnold Ness, Individually, on Behalf of Himself and Others Similarly Situated Fredrick J. Bianchi, Individually, on Behalf of Himself and Others Similarly Situated Marlon Restad, Individually, on Behalf of Himself and Others Similarly Situated Delbert Mandelko, Individually, on Behalf of Himself and Others Similarly Situated John Fischer, Individually, on Behalf of Himself and Others Similarly Situated Lee Johnston, Individually, on Behalf of Himself and Others Similarly Situated Leslie Kyllo, Individually, on Behalf of Himself and Others Similarly Situated James Muzzy, Individually, on Behalf of Himself and Others Similarly Situated v. Southeast Dairy Farmers Association and United Dairymen of Arizona, Minnesota Milk Producers Association, a Non-Profit Minnesota Corporation, Individually, on Behalf of Themselves and Others Similarly Situated Bill Dropik, Individually, on Behalf of Himself and Others Similarly Situated Chester Kolstad, Individually, on Behalf of Himself and Others Similarly Situated Greg Radermacher, Individually, on Behalf of Himself and Others Similarly Situated Arnold Ness, Individually, on Behalf of Himself and Others Similarly Situated Fredrick J. Bianchi, Individually, on Behalf of Himself and Others Similarly Situated Marlon Restad, Individually, on Behalf of Himself and Others Similarly Situated Delbert Mandelko, Individually, on Behalf of Himself and Others Similarly Situated John Fischer, Individually, on Behalf of Himself and Others Similarly Situated Lee Johnston, Individually, on Behalf of Himself and Others Similarly Situated Leslie Kyllo, Individually, on Behalf of Himself and Others Similarly Situated James Muzzy, Individually, on Behalf of Himself and Others Similarly Situated v. National Farmers Organization ("Nfo"), Minnesota Milk Producers Association, a Non-Profit Minnesota Corporation, Individually, on Behalf of Themselves and Others Similarly Situated Bill Dropik, Individually, on Behalf of Himself and Others Similarly Situated Chester Kolstad, Individually, on Behalf of Himself and Others Similarly Situated Greg Radermacher, Individually, on Behalf of Himself and Others Similarly Situated Arnold Ness, Individually, on Behalf of Himself and Others Similarly Situated Fredrick J. Bianchi, Individually, on Behalf of Himself and Others Similarly Situated Marlon Restad, Individually, on Behalf of Himself and Others Similarly Situated Delbert Mandelko, Individually, on Behalf of Himself and Others Similarly Situated John Fischer, Individually, on Behalf of Himself and Others Similarly Situated Lee Johnston, Individually, on Behalf of Himself and Others Similarly Situated Leslie Kyllo, Individually, on Behalf of Himself and Others Similarly Situated James Muzzy, Individually, on Behalf of Himself and Others Similarly Situated v. Association of Dairy Cooperatives in the Northeast ("Adcne"), Minnesota Milk Producers Association, a Non-Profit Minnesota Corporation, Individually, on Behalf of Themselves and Others Similarly Situated Bill Dropik, Individually, on Behalf of Himself and Others Similarly Situated Chester Kolstad, Individually, on Behalf of Himself and Others Similarly Situated Greg Radermacher, Individually, on Behalf of Himself and Others Similarly Situated Arnold Ness, Individually, on Behalf of Himself and Others Similarly Situated Fredrick J. Bianchi, Individually, on Behalf of Himself and Others Similarly Situated Marlon Restad, Individually, on Behalf of Himself and Others Similarly Situated Delbert Mandelko, Individually, on Behalf of Himself and Others Similarly Situated John Fischer, Individually, on Behalf of Himself and Others Similarly Situated Lee Johnston, Individually, on Behalf of Himself and Others Similarly Situated Leslie Kyllo, Individually, on Behalf of Himself and Others Similarly Situated James Muzzy, Individually, on Behalf of Himself and Others Similarly Situated v. Texas Association of Dairymen Dairy Producers of New Mexico Lone Star Milk Producers, L.C. And Premier Milk Producers, Inc., Minnesota Milk Producers Association, a Non-Profit Minnesota Corporation, Individually, on Behalf of Themselves and Others Similarly Situated Bill Dropik, Individually, on Behalf of Himself and Others Similarly Situated Chester Kolstad, Individually, on Behalf of Himself and Others Similarly Situated Greg Radermacher, Individually, on Behalf of Himself and Others Similarly Situated Arnold Ness, Individually, on Behalf of Himself and Others Similarly Situated Fredrick J. Bianchi, Individually, on Behalf of Himself and Others Similarly Situated Marlon Restad, Individually, on Behalf of Himself and Others Similarly Situated Delbert Mandelko, Individually, on Behalf of Himself and Others Similarly Situated John Fischer, Individually, on Behalf of Himself and Others Similarly Situated Lee Johnston, Individually, on Behalf of Himself and Others Similarly Situated Leslie Kyllo, Individually, on Behalf of Himself and Others Similarly Situated James Muzzy, Individually, on Behalf of Himself and Others Similarly Situated v. National Farmers Organization, Inc. (Nfo) and Association of Dairy Cooperatives in the Northeast, Minnesota Milk Producers Association, a Non-Profit Minnesota Corporation, Individually, on Behalf of Themselves and Others Similarly Situated Bill Dropik, Individually, on Behalf of Himself and Others Similarly Situated Chester Kolstad, Individually, on Behalf of Himself and Others Similarly Situated Greg Radermacher, Individually, on Behalf of Himself and Others Similarly Situated Arnold Ness, Individually, on Behalf of Himself and Others Similarly Situated Fredrick J. Bianchi, Individually, on Behalf of Himself and Others Similarly Situated Marlon Restad, Individually, on Behalf of Himself and Others Similarly Situated Delbert Mandelko, Individually, on Behalf of Himself and Others Similarly Situated John Fischer, Individually, on Behalf of Himself and Others Similarly Situated Lee Johnston, Individually, on Behalf of Himself and Others Similarly Situated Leslie Kyllo, Individually, on Behalf of Himself and Others Similarly Situated James Muzzy, Individually, on Behalf of Himself and Others Similarly Situated v. Louisiana Department of Agriculture and Forestry Alabama Department of Agriculture and Industries Arkansas Livestock and Poultry Commission Colorado Department of Agriculture Georgia Department of Agriculture Kentucky Department of Agriculture Maine Department of Agriculture, Food and Rural Resources Massachusetts Department of Food and Agriculture Mississippi Department of Agriculture and Commerce New Hampshire Department of Agriculture, Markets and Food New Mexico Department of Agriculture North Carolina Department of Agriculture South Carolina Department of Agriculture State of Vermont and Washington Department of Agriculture
153 F.3d 632 (Eighth Circuit, 1998)
Minnesota Milk Producers Ass'n v. Glickman
153 F.3d 632 (Eighth Circuit, 1998)
Adams v. Watson, Etc.
First Circuit, 1993

Cite This Page — Counsel Stack

Bluebook (online)
956 F.2d 816, 1992 WL 21813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minnesota-milk-producers-assn-v-madigan-ca8-1992.