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DTN – Tuesday – November 21, 2006 – 2:16 p.m. CST Appeals Court Denies USDA Motion Request to Effectively Dismiss Case Denied OMAHA (DTN) -- Like a scrappy counter-puncher, the ranching group R-CALF USA will get another round of legal fights against USDA over Canadian cattle. The U.S. Ninth Circuit Court of Appeals has denied a motion by USDA to effectively dismiss the case, stating that R-CALF has raised enough legal issues that were "sufficiently substantial to warrant further argument." R-CALF sued USDA in January 2005 to stop the opening of the Canadian border to feeder and slaughter cattle 30 months of age or younger. A U.S. District Judge in Montana granted R-CALF an injunction to block the USDA minimal-risk rule for bovine spongiform encephalopathy that would have reopened the border. USDA won on appeal in the Ninth Circuit in July 2005. A three-judge panel stated U.S. Secretary of Agriculture Mike Johanns had broad discretion for rule-making on issues such as re-opening the border. Canadian feeder and young slaughter animals have since been allowed into the U.S. Still, R-CALF has fought for a full hearing on the merits of its case. R-CALF leaders contend USDA failed to properly assess Canada's ban on ruminant-to-ruminant feed. Canada has had four cases of BSE in cattle born after the 1997 feed ban, including one animal earlier this year that was 50 months old. R-CALF contends better protections for U.S. livestock producers and consumers are needed. "This latest decision by the Ninth Circuit means that R-CALF gets the right to appeal," said Chuck Kiker, R-CALF's president and a Texas cattleman. "If we win the appeal, then we will have the opportunity to have all our facts and scientific evidence considered by the court. This has been our objective all along." Under the latest ruling, R-CALF and USDA will present arguments to the Ninth Circuit arguing why the case should or should not be reconsidered. If the Ninth Circuit finds merit for arguments, the case will be remanded back to the federal court in Montana for a full hearing. (CC/CZ) |
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