U.S. cattle producers trying to reclose border to beef
By JOHN COTTER
Saturday, September 10, 2005 Page A15
Canadian Press
A group representing 18,000 U.S. cattle producers has petitioned a U.S. court for a rehearing in a bid to close the border again to Canadian beef.
R-CALF USA has requested that a group of 11 judges who sit on the U.S. 9th Circuit Court of Appeals review a ruling made by a three-judge panel on July 14 that overturned a temporary ban on young Canadian cattle imports.
"The three-judge panel . . . missed or misunderstood numerous key aspects of this case," Bill Bullard, chief executive officer of R-CALF, said from Billings, Mont.
"We are dealing with a disease that has devastated the cattle industries in other countries and that has already cost the U.S. cattle industry billions of dollars in lost beef exports."
Since trade in live cattle resumed on July 18, Canadian producers have shipped more than 89,000 animals under 30 months of age to the U.S.
While there is no guarantee the appeals court will grant the rehearing, a favourable ruling for R-CALF would again cast a pall of uncertainty over the Canadian beef industry.
It has already suffered $7-billion in losses since a cow with bovine spongiform encephalitis -- BSE or mad cow disease -- was found in Alberta in May of 2003.
Stan Eby, president of the Canadian Cattlemen's Association, urged producers not to worry too much about R-CALF's latest move.
"Our legal counsel have told us that rehearings are very rarely granted," Mr. Eby said yesterday from his farm in Kincardine, Ont.
"My sense is there will not be a rehearing and trade will continue. But we have to be watching all the time."
Last March, District Court Judge Richard Cebull in Montana ruled that the U.S. Department of Agriculture was wrong to allow trade in live Canadian cattle to resume.
He said USDA import rules did not adequately protect American consumers and herds from BSE.
A three-judge appeal court panel overturned that ruling on July 14 saying Judge Cebull should have respected the expertise of the USDA about the risks of Canadian beef.
In its petition for review filed Thursday, R-CALF contends the panel ruling does not reflect USDA policy that prohibiting imports is the most important way to prevent the introduction and spread of BSE.
Heather Smith, a spokeswoman with Agriculture Canada, said the federal government does not believe the U.S. Court of Appeals ruling will be overturned.
"The border remains open and cattle continue to go across the border into the United States," Ms. Smith said from Ottawa.
"It is largely procedural manoeuvring by R-CALF."
Russell Frye, R-CALF's chief lawyer, said if the appeal court agrees to review the case, and then rules in their favour, the border would close again to live Canadian beef.
"Probably the effect would be [that] the preliminary injunction that had kept the USDA rule from coming into effect in March would be reinstated," Mr. Frye said.
If that happens, he said R-CALF's next step would be to proceed with an application before Judge Cebull for a ban on all Canadian beef.
Mr. Eby said R-CALF's legal manoeuvres will have no effect on Canada's push for a complete resumption of the beef trade with the U.S.
On Tuesday, Mr. Eby is to meet with USDA officials in Washington to lobby for trade to resume in live cattle over 30 months of age and Canadian breeding stock.
A proposal for rules that would govern such trade could be released by the U.S. before the end of the year.
"This will be another concerted effort to push this matter forward," he said. "Until we have full trade in all classes of livestock and beef products we will not rest easy."
The continued ban has cost Canada's beef and dairy breeding industry more than $500-million in lost sales and hurt the industry's ability to improve the genetics of beef herds.
It is estimated there more than six million beef and dairy cattle in Canadian herds that are over 30 months of age.
By JOHN COTTER
Saturday, September 10, 2005 Page A15
Canadian Press
A group representing 18,000 U.S. cattle producers has petitioned a U.S. court for a rehearing in a bid to close the border again to Canadian beef.
R-CALF USA has requested that a group of 11 judges who sit on the U.S. 9th Circuit Court of Appeals review a ruling made by a three-judge panel on July 14 that overturned a temporary ban on young Canadian cattle imports.
"The three-judge panel . . . missed or misunderstood numerous key aspects of this case," Bill Bullard, chief executive officer of R-CALF, said from Billings, Mont.
"We are dealing with a disease that has devastated the cattle industries in other countries and that has already cost the U.S. cattle industry billions of dollars in lost beef exports."
Since trade in live cattle resumed on July 18, Canadian producers have shipped more than 89,000 animals under 30 months of age to the U.S.
While there is no guarantee the appeals court will grant the rehearing, a favourable ruling for R-CALF would again cast a pall of uncertainty over the Canadian beef industry.
It has already suffered $7-billion in losses since a cow with bovine spongiform encephalitis -- BSE or mad cow disease -- was found in Alberta in May of 2003.
Stan Eby, president of the Canadian Cattlemen's Association, urged producers not to worry too much about R-CALF's latest move.
"Our legal counsel have told us that rehearings are very rarely granted," Mr. Eby said yesterday from his farm in Kincardine, Ont.
"My sense is there will not be a rehearing and trade will continue. But we have to be watching all the time."
Last March, District Court Judge Richard Cebull in Montana ruled that the U.S. Department of Agriculture was wrong to allow trade in live Canadian cattle to resume.
He said USDA import rules did not adequately protect American consumers and herds from BSE.
A three-judge appeal court panel overturned that ruling on July 14 saying Judge Cebull should have respected the expertise of the USDA about the risks of Canadian beef.
In its petition for review filed Thursday, R-CALF contends the panel ruling does not reflect USDA policy that prohibiting imports is the most important way to prevent the introduction and spread of BSE.
Heather Smith, a spokeswoman with Agriculture Canada, said the federal government does not believe the U.S. Court of Appeals ruling will be overturned.
"The border remains open and cattle continue to go across the border into the United States," Ms. Smith said from Ottawa.
"It is largely procedural manoeuvring by R-CALF."
Russell Frye, R-CALF's chief lawyer, said if the appeal court agrees to review the case, and then rules in their favour, the border would close again to live Canadian beef.
"Probably the effect would be [that] the preliminary injunction that had kept the USDA rule from coming into effect in March would be reinstated," Mr. Frye said.
If that happens, he said R-CALF's next step would be to proceed with an application before Judge Cebull for a ban on all Canadian beef.
Mr. Eby said R-CALF's legal manoeuvres will have no effect on Canada's push for a complete resumption of the beef trade with the U.S.
On Tuesday, Mr. Eby is to meet with USDA officials in Washington to lobby for trade to resume in live cattle over 30 months of age and Canadian breeding stock.
A proposal for rules that would govern such trade could be released by the U.S. before the end of the year.
"This will be another concerted effort to push this matter forward," he said. "Until we have full trade in all classes of livestock and beef products we will not rest easy."
The continued ban has cost Canada's beef and dairy breeding industry more than $500-million in lost sales and hurt the industry's ability to improve the genetics of beef herds.
It is estimated there more than six million beef and dairy cattle in Canadian herds that are over 30 months of age.