Hettinga v. United States, 770 F.Supp.2d 51 (D. D.C. 2011)

(plaintiff operates dairy in Yuma, AZ, as an integrated producer-handler of milk that processes and sells over three million pounds of its own farm-produced milk; plaintiff facially challenges constitutionality of two provisions of Milk Regulatory Equity Act of 2005 (MREA) (that forces plaintiff to join regional milk system and simultaneously ending federal milk pricing in Nevada) as applying only to plaintiff and, as such, Act constitutes bill of attainder, violates equal protection and due process; entities (such as plaintiff) that both produce and distribute their own milk products had been exempt from pricing and pooling requirements established by federal milk marketing orders, but USDA adopted final rule in early 2006 that eliminated exemption for plaintiff; defendant's motion to dismiss granted; plaintiff failed to establish that MREA specifically targets them - while MREA presently only applies to plaintiff, classes of producer-handlers not delineated not delineated in "exceedingly narrow" fashion such that MREA refers to an "easily ascertainable" group; MREA constitutes economic regulation subject to rational basis review, and though MREA may be "unfair" it is not irrational or arbitrary; no due process violation).

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