Administrative Law Keyed to Lawson
Block v. Community Nutrition Institute
In the early 1900s dairy farmers engaged in an intense competition in the production of milk, and the Agricultural Marketing Act of 1937 (Act) was passed to bring the competition under control. The Act authorized the Secretary to issue milk marketing orders setting the minimum prices that handlers (processors of dairy products) had to pay producers. The purpose of the Act was to raise producer prices to ensure that the benefits and burdens were fairly and proportionately shared by all dairy farmers. The District Court concluded the consumers and nonprofit organizations lacked standing, and that Congress by the Act intended to preclude them from obtaining judicial review. The Court of Appeals agreed the milk handler and nonprofit lacked standing, but concluded the consumers had standing, and that the Act did not reveal “the type of clear and convincing evidence of congressional intent needed to overcome the presumption in favor of judicial review.”
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