Koretoff, et al. v. Vilsack, 614 F.3d 532 (D.C. Cir. 2010)

(argument of defendant (USDA Ag Secretary) that plaintiffs (California almond producers) should not be able to use the court system to challenge USDA rule which effectively bars the selling of domestically raised raw almonds flatly rejected; USDA rule requires that domestically grown almonds to be pasteurized or chemically treated, but does not apply to foreign-raised almonds and, as a result, economically harms domestically grown almonds; contrary to defendant's position, court holds that Agricultural Marketing Agreement Act of 1937 does not have any express provision that would bar the plaintiffs' claims; trial court decision for defendant reversed).