Following representations by the National Chicken Council, a Federal court has ruled that the USDA has the authority to issue line speed waivers. Judge Timothy J. Kelly of the District Court of the District of Columbia granted the USDA motion, opposed by the United Food and Commercial Workers Union (UFCW), to allow USDA-FSIS to reconsider an increase in line speeds to 175 bpm.
The UFCW sued the USDA to end the program of line-speed waivers in 2020. At this time the District Court of the District of Columbia determined that the USDA did not take into consideration the safety of workers and that the waiver program violated Rule-making procedures under the Administrative Procedures Act. Accordingly the USDA moved to remand the program pending a reconsidation of waivers and ongoing litigation.