United States Department of Agriculture (USDA): Policy Statement, Law Analysis

MEMORANDUM
TO:Judge
FROM:Your Name
DATE:(date assignment is submitted)
RE: USDA v The Beef Producers Association
FACTS
United States Department of Agriculture (USDA) administered a lunch subsidy program that provides federal funds to schools that comply with federal statutory and regulatory requirements regarding school lunches. A number of groups collectively filed a rulemaking petition with the USDA asking the USDA to adopt a rule that requires schools to serve at least four vegetarian meals per month. In response to the rulemaking petition, the USDA published a "Notice of Vegetarian Meal Requirements" in the Federal Register inviting comments by all interested parties on the request in the rulemaking petition of requiring vegetarian lunches. A number of groups file comments with the agency, some in favor and some against the proposal. The Beef Producers Association files a comment with the agency opposing any requirement of vegetarian lunches. After receiving comments and reviewing its current legal authority, the USDA denied the rulemaking petition and published a separate "Policy Statement" in the Federal Register that states in relevant part that the agency interprets its current regulations to allow the agency to require vegetarian meals and that the agency will require schools to provide at least two vegetarian lunches per month for the upcoming school year. The Beef Producers Association filed an action in federal court claiming the USDA adopted a new regulation without going through the required notice and comment process for new regulations. The USDA responds stating that the policy statement is not a regulation, but an interpretation of its current regulatory authority and a general statement of policy of what the USDA expects schools to do prospectively to comply with current regulations. Also the USDA argues that if the statement is a regulation then the agency had good cause to by-pass the notice and comment requirements because the upcoming school year starts in 45 days and schools need time to develop menus and purchase the necessary food items for vegetarian meals. The agency also alternatively asserts that it complied with the notice and comment requirements of the Administrative Procedure Act when it published the "Notice of Vegetarian Meal Requirements" in the Federal Register and the Beef Producers Association provided comments on the issue.
QUESTION PRESENTED
Whether the USDA followed the Administrative Procedure Act, Section 553(a) (2), to comply with the federal statutory and regulatory requirements regarding school lunches.
BRIEF ANSWER
The defendant followed the due process of making the regulation. The regulation was according to the law. The public was informed and their comments were taken into consideration.
DISCUSSION
Basically agencies are unique government bodies with the ability to exercise all the powers of the three arms of the United States federal government, which include the executive, legislative and judicial. However, in the power separation doctrine, in exercise of its duties, the agency shall adopt one of the three branches of power and shall not adopt all the three branches of power. This depending on the creating arm of government. It’s on this ground that President Franklin Roosevelt and others, realized that the separation of powers between agencies will become an issue in the United States Constitution. This lead to the formulation and the adoption of the Administrative Procedure Act of 1946. According to the Attorney General’s Manual on the APA of 1946, APA’s basic purpose requires that: 1) Agencies keep the public informed of their organization, procedures and rules. 2.) To provide a chance for public participation in the rulemaking process. 3.) To come up with uniform standards for rulemaking and adjudication. 4.) To define the scope of judicial review. The APA in 5 U.S.C 551 (1) which defines an "agency" as "each authority of the Government of the United States, whether or not it is within or subject to review by another agency". It further gives exceptions to this definition which include federal courts, congress and government territories or possessions of the United States. In Franklin v Mass 505 U.S. 788 (1992) case, the courts ruled that the U.S president is not an agency. The Final report of the APA provided that APA was divided into two parts which include the adjudication and rule making. Agency adjudication is further divided into formal and informal adjudication. A formal adjudication entails a procedural approach which undergoes a normal hearing, presentation of testimonies and a final decision. On the other hand the informal adjudication does not go through formal procedures instead it goes through conferences and negotiations. In the case of rulemaking agencies relied on investigations, and hearing. The report further suggested the need for uniform standards for agency adjudication and rulemaking procedures.
Section 553 of the Administrative Procedure Act (APA) requires any federal agency to provide public notice and an opportunity for comment on any proposed rule. I...