An American cattle producers’ group is playing hardball by asking the court to halt all imports of Canadian cattle and beef.
The Ranchers-Cattlemen Action Legal Fund, or R-CALF, wants the court to reinstate the United States Department of Agriculture rule from May 29, 2003, that would prohibit all imports of Canadian beef, cattle and other products.
The request was contained in the group’s May 9 brief responding to the U.S. government appeal.
That appeal sought to overturn a temporary injunction that stopped live cattle trade, granted in March from Billings, Montana.
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The appeal is to be heard by the Ninth U.S. Circuit Court of Appeals in San Francisco, Calif., although no court dates have been set. The USDA has until May 26 to file its paperwork. A hearing is expected in June.
R-CALF’s brief said four BSE cases tracing back to Canada have changed the level of risk to the American public and cow herd.
It states Canada does not test enough animals, given that the four cases were found in about 25,000 tests. In 2004, Canada tested 23,550. In 2005, Canada has tested 22,880 cattle so far.
R-CALF also wrote in its recent brief that the most recent rule from USDA allowing trade to resume does not go far enough in demanding full removal of specified risk materials believed to harbour BSE infectivity. Nor did the rule require removal of poultry litter, plate waste from restaurants or blood from cattle feed in the U.S. Canada does not allow restaurant waste or recycled poultry manure in animal feed.
In other legal action, a court date has been set for July 27 in Billings with federal judge Richard Cebull to hear whether the border should be closed permanently.
“He could take his time to make a ruling especially if the appeal court has not made any decisions,” said Nithi Govindasamy, an Alberta Agriculture policy analyst.
“There will be a confluence of dates and events in July. I expect the appeals court not to drag this out. There is no advantage,” he said.
The federal Conservative party has filed a motion in support of opening the border but the Canadian Cattlemen’s Association has not filed any briefs.
“Until we are granted intervener status we don’t have an opportunity to respond,” said Cindy McCreath of the CCA.
Alberta premier Ralph Klein told reporters May 13 that the court wrangling could keep the border closed for two more years.
