U.S. District Court for the District of Columbia
The Legal Foundation has filed an amicus brief in a Regulatory Flexibility Act lawsuit that was recently filed against the Food and Nutrition Service, an agency of the U.S. Department of Agriculture. This lawsuit arises from a USDA interim final rule that will affect "WIC-only stores," several of whom are NFIB members and virtually all of whom are independent businesses. These specialty stores are small businesses that market exclusively WIC program foods to WIC program participants. Virtually all WIC-only grocers will be promptly forced out of business if the interim final rule published by USDA Nov. 29, 2005, is implemented. A judge issued a temporary restraining order to prevent the rule's implementation.
One of the Legal Foundation's goals is to protect small business from burdensome and costly government regulations by challenging regulations that impose undue burden on small business and enforcing the Regulatory Flexibility Act. The Legal Foundation supports the small, independent grocers with an RFA-focused brief that challenges USDA's issuance of an interim final rule without meaningful consideration of the impact on small entities. While we support USDA's efforts to rein in WIC costs, USDA's flagrant disregard of the RFA should not go unchecked.
Status: Decided. NFIB filed an amicus brief Jan. 17, 2006. Court ruled in favor of FNS Feb. 23, 2006.