During a Softwood Lumber Board Executive Committee meeting held on September 16, 2015, a USDA representative made the following statement regarding the Resolute case:
On September 9, 2015, the United States District Court for the District of Columbia ruled on the Administrative Procedure Act (APA) challenges in Resolute v USDA. The Judge ruled in favor of USDA on all but one APA challenge. In summary, he ruled that USDA followed proper procedures in its rulemaking and referendum to implement the program. The Judge did remand one APA issue back to USDA. The issue pertains to the program’s 15 million board foot “de minimis quantity” exemption. The Judge asked USDA to further explain the rational for this exemption and why that quantity is of little importance or is insignificant. USDA is working on a response. Resolute also raised Constitutional issues in its challenge. The Judge will rule on those at a later time.