D.C. Circuit Dismisses Challenge to USDA Almond Rules

The D.C. Circuit Court of Appeals has dismissed a challenge to U.S. Department
of Agriculture (USDA) rules requiring California almonds sold domestically to
be treated with heat or chemicals to prevent the spread of Salmonella. Koretoff
v. Vilsack, No. 12-5075 (D.C. Cir., decided February 22, 2013). According to
the court, the almond producers who mounted the challenge had waived
their claims “by failing to raise them during the rulemaking process.” They
had contended that the USDA secretary exceeded his authority in requiring
the treatment of all almonds “irrespective of whether they are contaminated”
and that the secretary failed to determine that the treatment rule was “the
only practical means of advancing the interests of the producers.” Finding no
error in the lower court’s disposition, the court affirmed its grant of summary
judgment for the secretary.