Creekstone Farms Premium Beef, L.L.C. v. Department of Agriculture, 539 F.3d 492 (D.C. Cir. 2008)

(case involves lawsuit challenging the USDA's refusal to allow plaintiff to purchase and use kits to test for bovine spongiform encephalopathy (BSE) in 100 percent of cattle it slaughters for shipment to Japan (who requires 100 percent testing); under the deference standard of Chevron, court upheld defendant’s regulations under the Virus-Serum-Toxin Act that allowed defendant to regulate the use of biological products, including the test kits, and to restrict their distribution and sale such that plaintiff effectively blocked from conducting BSE testing; case remanded for ruling on whether defendant acted arbitrarily and capriciously in refusing to allow plaintiff to test its cattle in violation of the Administrative Procedures Act).