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Sugar Cane Growers Cooperative of Florida v. Veneman

Where plaintiff claimed that U.S. Department of Agriculture failed to comply with statutes in implementing a payment-in-kind (PIK) program for 2001 sugar crop, summary judgment in favor of defendant reversed; plaintiffs made a prima facie showing that PIK program caused them injury by increasing supply of U.S. sugar; agency violated Administrative Procedure Act and Food Security Act by promulgating rule without notice-and-comment rulemaking and by failing to make required findings.

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Argued February 11, 2002

Sugar Cane Growers Cooperative of Florida, Florida Crystals Corporation, and Refined Sugars, Inc., appeal from the district court’s grant of summary judgment holding that appellants lacked standing. The court dismissed their claims that the United States Department of Agriculture failed to comply with the Administrative Procedure Act*fn1 and the Food Security Act of 1985 *fn2 in implementing a payment-in-kind program for the 2001 sugar crop by press release. We think appellants have demonstrated standing and because the Department did not comply with the APA or the Food Security Act, we reverse the district court’s grant of summary judgment and remand to that court to in turn remand to the Department.

I.

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