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MILK INDUSTRY FOUNDATION v. GLICKMAN

Civil Action No. 96-2027 (PLF).

949 F.Supp. 882 (1996)

MILK INDUSTRY FOUNDATION, Plaintiff, v. Daniel R. GLICKMAN, Secretary, United States Department of Agriculture, Defendant, Northeast Dairy Compact Commission, Defendant-Intervenor.

United States District Court, District of Columbia.

December 11, 1996.

Attorney(s) appearing for the Case

Steven J. Rosenbaum, Covington & Burling, Washington, DC, for Plaintiff.

Marcia Sowles, U.S. Dept. of Justice, Civil Division, Federal Programs Branch, Washington, DC, for Defendant.

Clifford M. Sloan, Wiley Rein & Fielding, Washington, DC, for Defendant-Intervenor.

OPINION

PAUL L. FRIEDMAN, District Judge.

In creating the Union, the Framers acknowledged the inherent right of the states to make compacts and agreements with each other subject only to the limitation that Congress must consent to such compacts: "No State shall, without the Consent of Congress ... enter into any Agreement or Compact with another State...." U.S. Const., Art. I, sec. 10, cl. 3. A compact accorded congressional consent "is more than...

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