block community nutrition institute argued april decided june bring destabilizing competition among dairy farmers control agricultural marketing agreement act act authorizes secretary agriculture secretary issue milk market orders setting minimum prices handlers process dairy products must pay producers dairy farmers milk products pursuant authority secretary issued market orders handlers required pay reconstituted milk milk manufactured mixing milk powder water minimum price class ii milk raw milk used produce products dry milk powder rather higher price covering class milk raw milk processed bottled fluid consumption orders assume handlers use reconstituted milk manufacture surplus milk products portion reconstituted milk used handlers must make compensatory payment equal difference class class ii milk product prices respondents three individual consumers fluid dairy products handler regulated market orders nonprofit organization brought suit federal district contending compensatory payment requirement makes reconstituted milk uneconomical handlers process district held inter alia consumers standing challenge orders appeals disagreed holding consumers suffered injuries redressable within zone interests protected act act structure purposes reveal type clear convincing evidence congressional intent needed overcome presumption favor judicial review held individual consumers may obtain judicial review milk market orders question pp clear structure act congress intended judicial review market orders ordinarily confined suits handlers accordance provisions act expressly entitling review federal district exhausting administrative remedies allowing consumers sue secretary severely disrupt act complex delicate administrative scheme pp presumption favoring judicial review administrative action control cases one congressional intent preclude consumer suits fairly discernible detail legislative scheme act contemplates cooperative venture among secretary producers handlers consumer participation provided desired scheme stark wickard distinguished pp delivered opinion members joined except stevens took part decision case kathryn oberly argued cause petitioners briefs solicitor general lee acting assistant attorney general willard deputy solicitor general geller leonard schaitman ronald plesser argued cause respondents brief janie kinney alan schwartz william schultz alan morrison justice delivered opinion case presents question whether ultimate consumers dairy products may obtain judicial review milk market orders issued secretary agriculture secretary authority agricultural marketing agreement act act ch stat amended et seq conclude consumers may obtain judicial review orders early dairy farmers engaged intense competition production fluid milk products see zuber allen bring destabilizing competition control act authorizes secretary issue milk market orders setting minimum prices handlers process dairy products must pay producers dairy farmers milk products essential purpose milk market order scheme raise producer prices thereby ensure benefits burdens milk market fairly proportionately shared dairy farmers see nebbia new york scheme established congress secretary must conduct appropriate rulemaking proceeding issuing milk market order public must notified proceedings provided opportunity public hearing comment see order may issued evidence adduced hearing shows tend effectuate declared policy chapter respect commodity moreover market order may become effective must approved handlers least volume milk covered proposed order least affected dairy producers region handlers withhold consent secretary may nevertheless impose order secretary power conditioned upon least producers consenting promulgation upon making administrative determination order practical means advancing interests producers secretary currently milk market orders effect see cfr pts order covers different region country collectively cover though orders divide dairy products separately priced classes based uses raw milk put see fed reg raw milk processed bottled fluid consumption termed class milk raw milk used produce milk products butter cheese dry milk powder termed class ii milk variety economic reasons fluid milk products command higher price surplus milk products perfectly functioning market accordingly secretary milk market orders require handlers pay higher order price class products class ii products discourage destabilizing competition among producers desirable fluid milk sales orders also require handlers submit payments either class milk regional pool administrators regional pools charged distributing dairy farmers weighted average price milk product produced irrespective use see ii particular secretary regulated price reconstituted milk milk manufactured mixing milk powder water since see fed reg see also fed reg secretary orders assume handlers use reconstituted milk manufacture surplus milk products handlers therefore required pay lower class ii minimum price see fed reg however handlers required make compensatory payment portion reconstituted milk records show used manufacture surplus milk products cfr compensatory payment equal difference class class ii milk product prices handlers make payments regional pool moneys distributed producers fresh fluid milk region reconstituted milk manufactured sold december respondents brought suit district contending compensatory payment requirement makes reconstituted milk uneconomical handlers process respondents plaintiffs district included three individual consumers fluid dairy products handler regulated market orders nonprofit organization district concluded consumers nonprofit organization standing challenge market orders addition found congress intended act preclude persons obtaining judicial review district dismissed milk handler complaint failed exhaust administrative remedies appeals affirmed part reversed part remanded case decision merits app appeals agreed milk handler nonprofit organization properly dismissed district concluded individual consumers standing suffered injuries redressable within zone interests arguably protected act also concluded statutory structure purposes act reveal type clear convincing evidence congressional intent needed overcome presumption favor judicial review appeals expressly refused follow decision ninth circuit rasmussen hardin cert denied sub nom rasmussen butz held consumers precluded statute seeking judicial review granted certiorari resolve conflict circuits reverse judgment appeals case ii respondents filed suit administrative procedure act apa et seq apa confers general cause action upon persons adversely affected aggrieved agency action within meaning relevant statute withdraws cause action extent relevant statute preclude judicial review whether extent particular statute precludes judicial review determined express language also structure statutory scheme objectives legislative history nature administrative action involved see southern seaboard allied mining morris gressette see generally note statutory preclusion judicial review administrative procedure act duke therefore must examine statutory scheme determine whether congress precluded judicial review whether congress nevertheless foreclosed review class respondents belon barlow collins opinion brennan see also data processing service camp clear congress intend strip judiciary authority review secretary milk market orders act predecessor agricultural adjustment act stat contained provision relating administrative judicial review however congress added mechanism dairy handlers obtain review secretary market orders stat mechanism retained legislation remains act today section requires handlers first exhaust administrative remedies made available secretary see cfr formal administrative remedies exhausted handlers may obtain judicial review secretary ruling federal district district inhabitant ha principal place business provisions review make evident congress desire persons able obtain judicial review secretary market orders remainder statutory scheme however makes equally clear congress intention limit classes entitled participate development market orders act contemplates cooperative venture among secretary handlers producers principal purposes raise price agricultural products establish orderly system marketing handlers producers consumers entitled participate adoption retention market orders act provides agreements among secretary producers handlers hearings among votes producers handlers nowhere act however express provision participation consumers proceeding complex scheme type omission provision sufficient reason believe congress intended foreclose consumer participation regulatory process see switchmen national mediation board cf erika sure general purpose sections act allude general consumer interests see preclusion issue turn whether interests particular class like consumers implicated rather preclusion issue turns ultimately whether congress intended class relied upon challenge agency disregard law see barlow collins supra structure act indicates congress intended producers handlers consumers ensure statutory objectives realized respondents us believe congress unequivocally directed handlers first complain secretary prices set milk market orders high nevertheless legislative judgment challenge advanced consumers require initial administrative scrutiny basis attributing congress intent draw distinction regulation agricultural products complex technical undertaking congress channelled disputes concerning marketing orders secretary first instance believed expertise necessary illuminate resolve questions congress intended allow consumers attack provisions marketing orders surely required pursue administrative remedies provided well restriction administrative remedy handlers strongly suggests congress intended similar restriction judicial review market orders allowing consumers sue secretary severely disrupt complex delicate administrative scheme provide handlers convenient device evading statutory requirement first exhaust administrative remedies handler may also consumer sue capacity alternatively handler need find consumer willing join initiate action district consumer raise precisely exceptions handler must raise administratively consumers seek injunctions operation market orders impede hinder delay enforcement actions even though injunctions expressly prohibited proceedings properly instituted suits type effectively nullify congress intent establish equitable expeditious procedure testing validity orders without hampering government power enforce compliance terms see also ruzicka reasons think clear congress intended judicial review market orders issued act ordinarily confined suits brought handlers accordance iii appeals viewed preclusion issue somewhat different perspective first recited presumption favor judicial review administrative action usually employs noted act interpreted authorize producer challenges administration market order settlement funds see stark wickard legislative history statutory language directly specifically supported preclusion consumer suits circumstances appeals reasoned act fairly interpreted overcome presumption favoring judicial review leave consumers without judicial remedy see app disagree appeals analysis presumption favoring judicial review administrative action presumption presumption like presumptions used interpreting statutes may overcome specific language specific legislative history reliable indicator congressional intent see southern seaboard allied milling schilling rogers congressional intent necessary overcome presumption may also inferred contemporaneous judicial construction barring review congressional acquiescence see ludecke watkins collective import legislative judicial history behind particular statute see heikkila barber important purposes case presumption favoring judicial review administrative action may overcome inferences intent drawn statutory scheme whole see morris gressette switchmen national mediation board particular least statute provides detailed mechanism judicial consideration particular issues behest particular persons judicial review issues behest persons may found impliedly precluded see barlow collins opinion brennan switchmen national mediation board supra cf associated general contractors california carpenters case best illustrates relevance statute structure preclusion analysis morris gressette supra case held attorney general failure object change voting procedures unreviewable administrative determination voting rights act neither voting rights act legislative history said anything judicial review nevertheless morris concluded nature statutory remedy strongly suggests congress intend attorney general actions provision subject judicial review reasoned congress intended approval procedure expeditious reviewability unnecessarily extend period state must wait effecting change also found relevant existence remedies ensure realization voting rights act objectives circumstances even though proof specific congressional intent clear convincing traditional evidentiary sense unremarkably found intent preclude judicial review implicit statutory scheme case appeals take balanced approach statutory construction reflected morris opinion rather recited statement upon showing clear convincing evidence contrary legislative intent courts restrict access judicial review abbott laboratories gardner see also southern seaboard allied milling supra dunlop bachowski according appeals clear convincing evidence standard required find unambiguous proof traditional evidentiary sense congressional intent preclude judicial review consumers behest since direct statutory language legislative history issue found appeals found presumption favoring judicial review controlling however never applied clear convincing evidence standard strict evidentiary sense appeals thought necessary case rather found standard met presumption favoring judicial review overcome whenever congressional intent preclude judicial review fairly discernible statutory scheme data processing service camp context preclusion analysis clear convincing evidence standard rigid evidentiary test useful reminder courts substantial doubt congressional intent exists general presumption favoring judicial review administrative action controlling presumption control cases one however since congressional intent preclude judicial review fairly discernible detail legislative scheme congress simply intend consumers relied upon challenge agency disregard law true appeals also noted determined stark wickard dairy producers challenge certain administrative actions even though act expressly provide right judicial review producers challenged certain deductions secretary made producer settlement fund established connection milk market order effect time challenged deduction reduce pro tanto amount actually received producers milk deductions injured producers alleged definite personal rights possessed people generally gave producers standing object administration settlement fund see though producers standing ensure judicial review secretary action behest see statutory scheme whole concluded implicitly authorized producers suits concerning settlement fund administration see andlers question use fund handlers financial interest fund use thus forum aspect secretary actions challenged judicial review producers complaint therefore necessary ensure achievement act fundamental objectives wit protection producers milk milk products contrast preclusion consumer suits threaten realization fundamental objectives statute handlers interests similar consumers handlers like consumers interested obtaining reliable supplies milk cheapest possible prices see zuber allen handlers therefore expected challenge unlawful agency action ensure statute objectives frustrated indeed noted consumer suits might frustrate achievement statutory purposes act contemplates cooperative venture among secretary producers handlers consumer participation provided desired complex scheme enacted congress consumer suits undermine congressional preference administrative remedies provide mechanism disrupting administration congressional scheme thus preclusion consumer suits perfectly consistent contrary conclusion concerning producer challenges stark wickard analogous conclusion concerning voter challenges morris gressette iv structure act implies congress intended preclude consumer challenges secretary market orders preclusion suits pose threat realization statutory objectives means objectives must realized specific remedies provided congress behest parties directly affected statutory scheme accordingly judgment appeals reversed ordered footnotes prior filing suit respondents petitioned secretary hold rulemaking hearing amend market orders reconstituted milk longer subject compensatory payment rule see fed reg secretary published notice request asked comments ibid subsequently secretary published preliminary impact analysis proposal invited comments see fed reg april respondents filed suit district secretary determined hold rulemaking hearing respondents proposal purposes act see app portion respondents complaint challenging secretary inaction rulemaking request held moot appeals app respondents certiorari review issue therefore occasion consider whether handlers pass consumers savings might secure successful challenge market order provisions irrelevant consumers interest market orders limited lowering prices charged handlers hope consumers reap benefit retail level conclusion congress intended preclude consumers seeking judicial review secretary market orders avoids pronouncement merits respondents substantive claims since congressional preclusion judicial review effect jurisdictional need address standing issues decided appeals case see 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