Tuesday, June 2, 2009

JOANNA PETRY, et al., APPELLANTS v. JOHN BLOCK, SECRETARY OF AGRICULTURE, et al.

Looks like someone's clerk longed for a career as a poet:

In the spirit of the day, OBRA placed administrative agencies on an unusually fast track to implement the mandated changes.... Espying OBRA's likely passage on the horizon, FNS collected data.... the appellants argue vigorously that the Secretary, through FNS, failed to work with sufficient diligence and dispatch in this task. ... After this auspicious beginning, the proposed rule entered FNS' internal clearance procedure on October 2, 1981. The review of the draft regulation continued in early October, at which point storm clouds of delay loomed large. ... These well-laid plans then went awry. ... As the calendar fatefully moved toward New Year's Day, a new draft was completed....

And perhaps the next section was written by a different clerk?

[Appellants] apparently are of the view that a much more extensive explanation of the two studies described in the January 26, 1982 notice was required.... This argument, to put it gently, misinterprets these decisions. ... Inapposite as they so manifestly are, Portland Cement and Nova Scotia simply cannot be twisted so as to require ....

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