R-CALF’s request for a rehearing of a court decision to allow Canadian live imports has been denied.
The United States Ninth Circuit Court of Appeals denied the Ranchers-Cattlemen’s Action Legal Fund request for a rehearing on its case against the U.S. Department of Agriculture rule that allows cattle imports from Canada. The court also ruled against a rehearing of the decision to overturn the preliminary injunction against Canadian live imports.
This decision should send a strong message to the Montana based group, said Stan Eby, president of the Canadian Cattlemen’s Association.
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The only recourse left for R-CALF is to request a hearing before the U.S. Supreme Court, but that may be denied as well.
“Whether the Supreme Court would even hear it is another threshold they could have to overcome,” he said.
Eby estimates legal fees cost Canadian producers more than $1 million. Canada did not spend any money on the most recent appeal case but was involved in other legal costs for briefs and motions since BSE closed the border more than two years ago.
“The legal fees that we spent, the fees the U.S. industry spent in defending this rule, would have been much better spent on promotion of beef in both countries,” he said.
Another rule to allow in animals older than 30 months is still within the bowels of the USDA. September meetings with officials in Washington yielded no new information on what it might contain or when older cattle could be exported.
“The only thing people close to the rule would say is, ‘you’re not going to be pleased with the time it is going to take,’ ” said Eby.
He said R-CALF is likely to challenge that rule as well.
The case requesting a permanent injunction against live animals has not been heard. Judge Richard Cebull of the U.S. District Court, Montana division, has not issued his decision whether to grant a hearing.
In a statement, R-CALF said it was disappointed in the higher court’s decision and it intends to pursue the case for a permanent injunction. It will argue the USDA rule weakens the health and safety regulations regarding the importation of cattle and other ruminants as well as meat and byproducts that could pose a risk of introducing additional cases of BSE into the U.S.
“This is merely a decision regarding a preliminary injunction that maintained the ban on Canadian imports, while our challenge to the final rule is pending, and that challenge is still before the District Court,” said president Leo McDonnell.
