(United States Ninth Circuit) - In a lawsuit alleging that federal agencies acted arbitrarily and capriciously in dismissing plaintiffs' rulemaking petitions,which requested that each agency promulgate regulations that would require all egg cartons to identify the conditions in which the egg-laying hens were kept during production, the district court's summary judgment in favor of federal agencies is affirmed where: 1) the Food Safety and Inspection Service did not act arbitrarily or capriciously in denying plaintiffs' rulemaking petition because the agency correctly concluded that it lacked authority to promulgate plaintiffs' proposed labeling regulations for shell eggs: 2) the Agricultural Marketing Service did not act arbitrarily or capriciously in denying plaintiffs’ rulemaking petition because the agency correctly concluded that it lacked the authority to promulgate mandatory labeling requirements for shell eggs; 3) the Federal Trade Commission did not act arbitrarily or capriciously in denying plaintiffs' rulemaking petition; and 4) the Food and Drug Administration barely met its low burden to clearly indicate that it considered the potential problem identified in plaintiffs' petition, and provide a fair explanation for not initiating rulemaking.
Source: findlaw.com