Here is an article about the published decision in State of Maryland v. USDA:
Maryland Scores Key Victory in Fight Against USDA’s Animal Disease Prevention Rule
Richmond, VA – The Fourth Circuit Court of Appeals has issued a significant ruling in favor of the State of Maryland, vacating a controversial rule promulgated by the U.S. Department of Agriculture (USDA) concerning the prevention of avian influenza. The decision, filed on September 9, 2025, marks a substantial win for Maryland and its efforts to protect its vital poultry industry.
The case, formally titled State of Maryland v. U.S. Department of Agriculture, arose from the USDA’s 2024 final rule, which established new national standards for the containment and eradication of highly pathogenic avian influenza (HPAI). While the USDA presented the rule as a necessary measure to bolster biosecurity and prevent widespread outbreaks, Maryland, along with other agricultural stakeholders, raised serious concerns about its potential negative impacts and the process by which it was developed.
Maryland argued that the USDA’s rule was both arbitrary and capricious, failing to adequately consider the economic and practical burdens it would impose on states and individual farmers. Specifically, the state contended that the rule’s mandates were overly prescriptive, lacked sufficient scientific justification in certain aspects, and did not properly account for the diverse agricultural landscapes and existing disease control measures already in place across different regions of the country.
In its published opinion, the Fourth Circuit agreed with Maryland, finding that the USDA had indeed failed to provide adequate justification for several key provisions of the rule. The court’s analysis highlighted shortcomings in the agency’s consideration of alternative approaches and the potential consequences of its mandated actions. By vacating the rule, the Fourth Circuit effectively sends the USDA back to the drawing board, requiring the agency to reconsider its approach to avian influenza prevention with more thorough analysis and public input.
This ruling is particularly impactful for Maryland, a state with a significant poultry production sector. The successful challenge underscores the importance of state-level input and scientific rigor in the development of federal regulations that directly affect critical industries. The decision could lead to the creation of a more balanced and effective national strategy for managing avian influenza, one that better incorporates the realities and existing best practices of state-specific agricultural operations.
The USDA has not yet issued a formal statement regarding the Fourth Circuit’s decision or its plans for future action. However, the ruling provides a clear directive for the agency to engage in a more comprehensive and responsive rulemaking process moving forward. This outcome is a testament to the diligent advocacy of the State of Maryland and its commitment to safeguarding its agricultural heritage.
25-1248 – State of Maryland v. USDA
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