R-CALF United Stockgrowers of America
For Immediate Release Contact: Shae Dodson, Communications Coordinator
February 1, 2005 Phone: 406-672-8969; e-mail: sdodson@r-calfusa.com
Motion for Preliminary Injunction
Filed in U.S. District Court
(Billings, Mont.) – Today, R-CALF USA filed a motion requesting a Preliminary Injunction in its lawsuit against the United States Department of Agriculture (USDA) concerning the agency’s Final Rule to reopen the Canadian border to live cattle and additional beef products on March 7, 2005. The motion was filed in U.S. District Court for the District of Montana, located in Billings, Mont.
“USDA’s Final Rule was issued on Dec. 29, 2004, then published in the Federal Register Jan. 4, 2005, which kicked in a 60-day congressional review period,” explained Bill Bullard, R-CALF USA CEO. “The lawsuit we filed on January 10th requested the court to overturn USDA’s Final Rule, but with March 7 rapidly approaching, it was imperative that R-CALF seek a Preliminary Injunction asking the court to block USDA from implementing the Final Rule until the facts in our lawsuit can be fully considered.
“R-CALF’s priority is to prevent the irreparable harm the U.S. cattle industry will suffer if the border were reopened under the unacceptable conditions contained in USDA’s Final Rule,” Bullard emphasized.
If granted, the Preliminary Injunction would temporarily stop USDA from implementing the Final Rule until after the court has fully considered the facts R-CALF USA raised in its lawsuit filed on Jan. 10, 2005.
Last week, R-CALF USA and USDA jointly agreed to the briefing schedule that required R-CALF USA to immediately file its motion for a preliminary injunction. R-CALF USA has informed the court of numerous deficiencies contained in the Final Rule, including:
USDA’s failure to adequately assess the impact of its actions upon human health;
USDA’s demonstrably incorrect and unsupported assumption that the incidence of BSE in Canada is very low;
USDA’s unjustified reliance on the Canadian feed ban;
USDA’s arbitrary assumption that removal of Specified Risk Materials (SRMs) eliminates all risks of BSE transmission, despite scientific evidence to the contrary;
USDA’s arbitrary and capricious decision to allow imports of beef from older Canadian cattle;
USDA’s inconsistent actions concerning Canadian-bred heifers and fetal blood serum;
USDA’s failure to adequately respond to comments suggesting the need for increased testing of Canadian cattle;
USDA’s action was taken without following rulemaking procedures required by law;
USDA failed to meet requirements of the National Environmental Policy Act;
USDA failed to meet requirements of the Regulatory Flexibility Act;
USDA’s action will result in substantial, irreversible, and irreparable harm to U.S. cattle producers.
USDA now has three weeks to respond to R-CALF USA’s request for a Preliminary Injunction, and once that happens, R-CALF USA has five days to make a final written response to the court before the hearing, which the court has scheduled for March 2, 2005.
“R-CALF has demonstrated substantial shortcomings in USDA’s decision to allow the importation of Canadian cattle and beef into the U.S., without regard to the economic impact on U.S. cattle producers, and without regard to the increased and un-assessed risks to human health,” Bullard said. “The serious, irreparable harm that will occur when Canadian cattle and beef products enter the U.S. and then are co-mingled with the U.S. meat supply justifies issuance of a Preliminary Injunction.”
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NOTE: R-CALF USA’s application for the Preliminary Injunction will be posted to: www.r-calfusa.com later this afternoon. Click on “BSE-Litigation” to view.
# # #
R-CALF USA (Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America) represents thousands of U.S. cattle producers on domestic and international trade and marketing issues. R-CALF USA, a national, non-profit organization, is dedicated to ensuring the continued profitability and viability of the U.S. cattle industry. R-CALF USA’s membership consists primarily of cow-calf operators, cattle backgrounders, and feedlot owners. Its members – over 12,000 strong – are located in 46 states, and the organization has over 60 local and state association affiliates, from both cattle and farm organizations. Various main street businesses are associate members of R-CALF USA. For more information, visit www.r-calfusa.com or, call 406-252-2516.
For Immediate Release Contact: Shae Dodson, Communications Coordinator
February 1, 2005 Phone: 406-672-8969; e-mail: sdodson@r-calfusa.com
Motion for Preliminary Injunction
Filed in U.S. District Court
(Billings, Mont.) – Today, R-CALF USA filed a motion requesting a Preliminary Injunction in its lawsuit against the United States Department of Agriculture (USDA) concerning the agency’s Final Rule to reopen the Canadian border to live cattle and additional beef products on March 7, 2005. The motion was filed in U.S. District Court for the District of Montana, located in Billings, Mont.
“USDA’s Final Rule was issued on Dec. 29, 2004, then published in the Federal Register Jan. 4, 2005, which kicked in a 60-day congressional review period,” explained Bill Bullard, R-CALF USA CEO. “The lawsuit we filed on January 10th requested the court to overturn USDA’s Final Rule, but with March 7 rapidly approaching, it was imperative that R-CALF seek a Preliminary Injunction asking the court to block USDA from implementing the Final Rule until the facts in our lawsuit can be fully considered.
“R-CALF’s priority is to prevent the irreparable harm the U.S. cattle industry will suffer if the border were reopened under the unacceptable conditions contained in USDA’s Final Rule,” Bullard emphasized.
If granted, the Preliminary Injunction would temporarily stop USDA from implementing the Final Rule until after the court has fully considered the facts R-CALF USA raised in its lawsuit filed on Jan. 10, 2005.
Last week, R-CALF USA and USDA jointly agreed to the briefing schedule that required R-CALF USA to immediately file its motion for a preliminary injunction. R-CALF USA has informed the court of numerous deficiencies contained in the Final Rule, including:
USDA’s failure to adequately assess the impact of its actions upon human health;
USDA’s demonstrably incorrect and unsupported assumption that the incidence of BSE in Canada is very low;
USDA’s unjustified reliance on the Canadian feed ban;
USDA’s arbitrary assumption that removal of Specified Risk Materials (SRMs) eliminates all risks of BSE transmission, despite scientific evidence to the contrary;
USDA’s arbitrary and capricious decision to allow imports of beef from older Canadian cattle;
USDA’s inconsistent actions concerning Canadian-bred heifers and fetal blood serum;
USDA’s failure to adequately respond to comments suggesting the need for increased testing of Canadian cattle;
USDA’s action was taken without following rulemaking procedures required by law;
USDA failed to meet requirements of the National Environmental Policy Act;
USDA failed to meet requirements of the Regulatory Flexibility Act;
USDA’s action will result in substantial, irreversible, and irreparable harm to U.S. cattle producers.
USDA now has three weeks to respond to R-CALF USA’s request for a Preliminary Injunction, and once that happens, R-CALF USA has five days to make a final written response to the court before the hearing, which the court has scheduled for March 2, 2005.
“R-CALF has demonstrated substantial shortcomings in USDA’s decision to allow the importation of Canadian cattle and beef into the U.S., without regard to the economic impact on U.S. cattle producers, and without regard to the increased and un-assessed risks to human health,” Bullard said. “The serious, irreparable harm that will occur when Canadian cattle and beef products enter the U.S. and then are co-mingled with the U.S. meat supply justifies issuance of a Preliminary Injunction.”
# # #
NOTE: R-CALF USA’s application for the Preliminary Injunction will be posted to: www.r-calfusa.com later this afternoon. Click on “BSE-Litigation” to view.
# # #
R-CALF USA (Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America) represents thousands of U.S. cattle producers on domestic and international trade and marketing issues. R-CALF USA, a national, non-profit organization, is dedicated to ensuring the continued profitability and viability of the U.S. cattle industry. R-CALF USA’s membership consists primarily of cow-calf operators, cattle backgrounders, and feedlot owners. Its members – over 12,000 strong – are located in 46 states, and the organization has over 60 local and state association affiliates, from both cattle and farm organizations. Various main street businesses are associate members of R-CALF USA. For more information, visit www.r-calfusa.com or, call 406-252-2516.
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