Cornucopia Inst. v. U.S. Dep't of Agric.
Cornucopia Inst. v. U.S. Dep't of Agric.
Opinion
The National Organic Standards Board, an advisory committee, has 15 members, all appointed by the Secretary of Agriculture.
Dominic Marchese and Rebecca Goodman, who operate organic farms, have asked the Secretary to appoint them to the Board, but without success. In 2011, when Marchese applied, the Secretary appointed Carmela Beck instead; in 2014, when Goodman applied, the Secretary picked Ashley Swaffar. In this suit under the Administrative Procedure Act Marchese and Goodman, plus the Cornucopia Institute (an organic-farming group to which Marchese and Goodman belong), contend that Beck and Swaffar are ineligible to fill the seats to which they were appointed. Problem: throwing Beck and Swaffar off would not put Marchese or Goodman on. This led the district court to dismiss the suit for lack of standing.
Beck and Swaffar were appointed to two of the four seats that § 6518(b)(1) reserves for "individuals who own or operate an organic farming operation". When appointed, both Beck and Swaffar were employees of agribusinesses that produce some organic products and some non-organic products. It is not clear whether plaintiffs object to the fact that Beck and Swaffar were office employees rather than hands-on farm operators or entrepreneurs, or to the fact that their employers were not 100% dedicated to organic farming. The standing hurdle prevented the district court from pinning down plaintiffs' theory and from deciding whether Beck and Swaffar were qualified to serve.
To demonstrate standing a plaintiff must identify an injury caused by the complained-of conduct and redressable by a judicial decision. See, e.g.,
Spokeo, Inc. v. Robins
, --- U.S. ----,
The district judge found that plaintiffs had not alleged that the Board's recommendations about what should be on or off the National List had any effect on the fortunes of organic farmers-and the judge added that this whole line of argument did not show any injury personal to the plaintiffs. If people are not buying or consuming the optimal amount of organic produce, that's a general, social injury, rather than the kind of person-specific loss needed to show standing. See, e.g.,
Hollingsworth v. Perry
,
On appeal plaintiffs have abandoned this line of argument. Instead Marchese and Goodman contend that they suffered the personal loss of being denied a fair opportunity to compete for positions on the Board. Loss of a chance to obtain some benefit can indeed be an injury sufficient to provide standing.
*797
Northeastern Florida Chapter of the Associated General Contractors of America v. Jacksonville
,
We bypass causation, which doesn't matter because the injury plaintiffs assert could not be redressed by a favorable decision. Marchese and Goodman contend that the appointments of Beck and Swaffar robbed them of their "right to be considered" for appointment. Yet they have no such right. The Secretary has a statutory right to appoint members of the Board but no corresponding duty to evaluate any particular applicant. Marchese and Goodman submitted their own names, but the Secretary was not obliged to consider them. Indeed, the Department of Agriculture was not obliged to open the envelopes. Section 6518(c) provides that the Secretary must choose from among "nominations received from organic certifying organizations, States, and other interested persons and organizations", but not that any of these nominations must be considered. And as almost everyone, including the staff of the Department of Agriculture's organic-farming bureau, is an "interested person" who can make a nomination, the Secretary may confine attention to internally generated lists of candidates or those received from Senators and Representatives or supported by the editorial page of the Washington Post . This means that we could not redress the plaintiffs' grievance. We could not direct the Secretary to appoint them to the Board, to give them favorable (or any) attention, or even to put them in a pool from which a member would be drawn at random.
Many federal statutes limit the discretion of appointing officials. For example, the Federal Trade Commission has five members, of which "[n]ot more than three ... shall be members of the same political party."
The Cornucopia Institute's standing derives from that of its members, and as the members lack standing so does the Institute.
What we have said so far resolves this appeal, and we need not consider the possibility
*798
that the case has become moot. Beck's term has expired, and she was ineligible for reappointment.
AFFIRMED
Reference
- Full Case Name
- The CORNUCOPIA INSTITUTE, Dominic Marchese, and Rebecca Goodman, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE and Sonny Perdue, Secretary of Agriculture, Defendants-Appellees.
- Cited By
- 2 cases
- Status
- Published