173723P.pdf   12/21/2018  Org. for Competitive Markets  v.  U.S. Department of Agriculture
   U.S. Court of Appeals Case No:  17-3723
   Petition for Review of an Order of the Department of Agriculture   
   [PUBLISHED] [Loken, Author, with Benton and Shepherd, Circuit Judges] 
   Petition for Review - Packers and Stockyard Act. The petitioners seek 
   review of 2017 USDA orders withdrawing an interim final rule and two 
   proposed regulations promulgated under the Packers and Stockyards Act, 7 
   U.S.C. Sections 181 et seq. The USDA's action in withdrawing the rule and 
   regulations, which were promulgated under the previous presidential 
   administration and expanded the agency's regulatory authority, was not 
   arbitrary or capricious as it was supported by legitimate regulatory and 
   substantive concerns that the new rule and regulations would generate 
   protracted litigation, adopted vague and ambiguous terms and might prevent 
   innovation and foster vertical integration which would hinder new market 
   entrants; the court cannot conclude that USDA had "unlawfully withheld" 
   action by failing to comply with an absolute congressional deadline in 
   Section 11006 of the 2008 Farm Bill. The petition for review is denied in 
   its entirety.