Ryan K. Miltner's Legal Cases (2)

Federal regulation

Arkansas Dairy Cooperative Assn. v. USDA, 573 F.3d 815 (D.C. Cir. 2009)

Jul 24, 2009

OUTCOME: Reversed decision of the United States District Court for the District of Columbia that dairy producers lacked standing to challenge terms of federal milk marketing orders.

Dairy cooperatives and trade associations challenged new pricing regulations of federal milk marketing orders. The district court held that producers were statutorily precluded from instituting legal ... challenges to the orders. United States Court of Appeals for the D.C. Circuit reversed, concluding that producers possess personal rights affected by amendments to the federal milk marketing orders and could protect those rights in court.

Appeals

Select Milk Producers Inc. v. Johanns, 400 F.3d 939 (D.C. Cir. 2005).

Mar 18, 2005

OUTCOME: Successfully defended appeal of attorney fees awarded to dairy producers who obtained injunction of federal milk pricing regulations.

Dairy cooperatives obtained a preliminary injunction against regulations that would have reduced cooperative farmers' income by an estimated $5,000,000. The dairy cooperatives were awarded attorney fe ... es and costs under the Equal Access to Justice Act. The government appealed, arguing that the dairy cooperatives were not prevailing parties under EAJA. On appeal, Ryan successfully argued that the preliminary injunction constituted a court ordered change in the legal relationship between the dairy cooperatives and the USDA, entitling them to an award of attorney fees as prevailing parties.

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