On February 22, 2013 a three judge panel of the US Court of Appeals in Washington, D.C. ruled that growers had waived their claims by failing to raise them during the rule making process. While this is a step backwards, it is also a step forward. This ruling does not conclude that the USDA rule is legal. The Court just held that our objection came too late under a judicial policy of the Court to avoid legal issues – even claims of unlawful agency conduct – if the exact objection was not made in public comments on a proposed rule. The much larger question as to the legality of the rule remains unresolved, and the fight continues. We will continue to post periodic updates. Your continued support is critical as the legal team prepares for the next action.