R-CALF United Stockgrowers of America
For Immediate Release Contact: Shae Dodson, Communications Coordinator
July 20, 2005 Phone: 406-672-8969; e-mail:
[email protected]
CEO Statement on Order to Postpone July 27 Hearing
(Billings, Mont.) – Please attribute the following statement to R-CALF USA CEO Bill Bullard:
"R-CALF USA just received via fax a copy of an order from the U.S. District Court for the District of Montana here in Billings that the hearing scheduled for July 27th – regarding R-CALF's litigation against the U.S. Department of Agriculture's (USDA's) bovine spongiform encephalopathy (BSE) Minimal Risk Region rule (Final Rule) that would allow imports of cattle and beef from countries with BSE, specifically Canada – has been postponed until the court gives us further instruction.
"Last Thursday in Seattle, a three-judge panel with the 9th U.S. Circuit Court of Appeals issued an order that allowed USDA to implement its Final Rule, which resulted in the Canadian border being reopened. Canadian cattle have been coming into the U.S. since Monday.
"In that order, the judges said they would issue their opinion on the order 'expeditiously,' but has not yet taken that action, so we still don't know why the panel reversed the preliminary injunction R-CALF was granted on March 2nd by U.S. District Court Judge Richard F. Cebull.
"It appears from today's order by Judge Cebull that because the 9th Circuit hasn't yet issued an opinion, that he felt it was appropriate to at least delay the July 27th hearing until he has reasonable time to review the opinion of the 9th Circuit.
"R-CALF USA looks forward to the written opinion of the 9th Circuit and is prepared to present its case to the court soon after that opinion is issued."
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Note: A PDF image of the order is not yet available for R-CALF USA to send to media via e-mail. However, the order, signed by Cebull states:
"Oral Argument was scheduled for July 27, 2005, wherein this court would consider whether or not to issue a permanent injunction on the import of cattle from Canada. On July 14, 2004, the Ninth Circuit Court of Appeals reversed the Preliminary Injunction and Order of this Court dated March 2, 2005. The Ninth Circuit Court stated they would expeditiously file the Opinion setting forth the reasoning behind the reversal. To date, no opinion has been filed and, therefore,
IT IS HEREBY ORDERED that oral argument set before this Court on July 27, 2005 is VACATED until further order of the Court. After receipt of the Court of Appeals' Opinion, this Court will determine whether further hearings are necessary.
DATED this 29th day of July, 2005."
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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 18,000 strong – are located in 47 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.
