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MASSACHUSETTS INDEPENDENT CERTIFICATION v. JOHANNS

Civil No. 05-40169-FDS.

486 F.Supp.2d 105 (2007)

MASSACHUSETTS INDEPENDENT CERTIFICATION, INC., Plaintiff, v. Michael O. JOHANNS, Secretary of Agriculture, United States Department of Agriculture, Defendant.

United States District Court, D. Massachusetts.

March 30, 2007.

Attorney(s) appearing for the Case

Anita Johnson, United States Attorney's Office, Boston, MA, Amy E. Powell, U.S. Department of Justice, Civil Division, Washington, DC, for Defendant.

Jill E. Krueger, Jessica A. Shoemaker, Susan E. Stokes, Farmers' Legal Action Group, Inc., St. Paul, MN, Douglas H. Wilkins, Anderson & Kreiger LLP, Cambridge, MA, for Plaintiff.

MEMORANDUM AND ORDER ON DEFENDANT'S MOTION TO DISMISS

SAYLOR, District Judge.

This is a challenge to regulations adopted by the United States Department of Agriculture ("USDA") pursuant to the Organic Foods Production Act ("OFPA"), 7 U.S.C. § 6501 et seq. Plaintiff Massachusetts Independent Certification, Inc. ("MICI") seeks declaratory and injunctive relief from the regulations, which deny private agencies that certify producers of organic...

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