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HARVEY v. JOHANNS

Civil No. 02-216-P-H.

462 F.Supp.2d 69 (2006)

Arthur HARVEY, Plaintiff v. Mike JOHANNS, Secretary of Agriculture, Defendant.

United States District Court, D. Maine.

November 2, 2006.

Attorney(s) appearing for the Case

Martica S. Douglas, Christine Kennedy-Jensen, Douglas, Denham, Buccina & Ernst, Portland, ME, Paula Dinerstein, Public Employees For Environmental Responsibility, Washington, DC, for Plaintiff.

Halsey B. Frank, Assistant United States Attorney, Portland, ME, for Defendant.

MEMORANDUM DECISION ON MOTION TO ENFORCE JUDGMENT AND CROSS MOTION FOR RELIEF FROM JUDGMENT

HORNBY, District Judge.

The latest installment of this dispute under the Organic Foods Production Act ("OFPA") of 1990, 7 U.S.C. § 6501 et seq., presents two questions: (1) Has an intervening Act of Congress relieved the Secretary of Agriculture from complying with a consent decree to which the Secretary previously acceded? (2) Is the plaintiff...

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