American cattle group has been fighting in court against the U.S. government’s mandatory beef check-off program
The U.S. Supreme Court has denied R-CALF USA’s petition to appeal a decision in a lawsuit against the mandatory beef checkoff.
R-CALF has filed two lawsuits: the first was dismissed by the Ninth Circuit Court of Appeals.
Chief executive officer Bill Bullard said the organization was disappointed but grateful to achieve some reforms to the check-off program.
“Our objective in this case was to bring an end to the corrupt manner in which the beef check-off program was being operated. Specifically, we set out to stop the U.S. Department of Agriculture from unconstitutionally compelling U.S. cattle producers to fund the private speech of private state beef councils,” he said in a statement.
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Bullard said because of the lawsuit the USDA took control over the speech of state beef councils named in the case “to limit their ability to express private messages with the money that cattle producers are mandated to pay into the program.”
He said the district court awarded R-CALF more than $150,000 in legal fees after finding an initial preliminary injunction had been transformed into policy.
“Importantly, the district court found that USDA’s decades-long conduct in operating the beef checkoff program prior to R-CALF USA’s litigation was not substantially justified and stated, ‘USDA should have known that the program that R-CALF challenged was unconstitutional,’ “ said Bullard.
R-CALF also said allowing producers to opt out of funding state beef council activities was another important gain.
The National Cattlemen’s Beef Association welcomed the Supreme Court’s denial of the appeal, saying the decision confirms the checkoff and its administration adhere to the law.
“For too long we have allowed R-CALF and their attorneys to divide our industry and draw attention away from the important job of beef promotion and research,” said CEO Colin Woodall.
NCBA had intervened earlier in the lawsuit to defend the 13 state councils named in the action. Woodall said R-CALF has repeatedly attacked the checkoff and hired lawyers closely aligned with groups like PETA, and it’s time the industry stands up to these attacks.
R-CALF said it will now focus on its second lawsuit, which alleges the USDA broke the law by entering into agreements with state beef councils to control messaging.
R-CALF is perhaps best known for its strong support for mandatory country-of-origin labelling.
