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R-CALF USA Court Case Attacked by State Cattle Groups
(Billings, Mont.) – As a possible hearing date in the 9th U.S. Circuit Court of Appeals looms on the horizon, members of some local cattle-producer organizations from Georgia, to Louisiana, to Colorado and beyond, seem to be experiencing some frustration and confusion as members learn their state associations signed on to a court document that supports the immediate reopening of the Canadian border – but without input from the local level.
The National Cattlemen's Beef Association (NCBA) and the American Farm Bureau Federation (AFBF) have filed an amicus brief (friend of the court brief) in the 9th Circuit, which fully supports the United States Department of Agriculture's (USDA's) Final Rule that calls for the immediate reopening of the Canadian border to live cattle and additional beef products. A total of 29 cattlemen's organizations are signatories on the document.
This effort by NCBA and AFBF specifically calls upon the 9th Circuit to vacate the March 2 Preliminary Injunction order issued U.S. District Judge Richard Cebull that prevented USDA's Final Rule from being implemented until a final hearing, scheduled for July 27 in Billings, Mont.
The NCBA/AFBF amicus brief asks the appellate court to overturn the Preliminary Injunction, and then immediately reopen the Canadian border under USDA's Final Rule.
James Fudge, R-CALF USA's director for the states of Alabama, Florida, Georgia, North Carolina and South Carolina, said most of the county cattle organizations in his territory had no idea that their state associations had signed on the NCBA/AFBF amicus brief.
"I don't think that producers in my area are even aware that their state associations have wholeheartedly endorsed the reopening of the Canadian border under the extremely lenient conditions contained in USDA's Final Rule," Fudge said. "Those groups that are aware of what's going on are upset that they didn't have a vote in the matter. I believe every cattle producer who's a member of an organization that gets involved in this court case has a right to vote on whether they get involved, and from what standpoint. After all, all R-CALF members have had an opportunity to vote on this issue."
Also struggling with this issue is the Louisiana Cattlemen's Association (LCA).
"Some of us were very upset and voiced our opinion, so there was an emergency board meeting where we asked them to remove LCA's name (from the NCBA/AFBF amicus brief), and that motion failed, but it was a 13-12 vote," said Mike Kovac, a past president of LCA.
"There's a lot of dissention on this issue," continued Kovac. "We feel like a lot of the local organizations will be upset when they learn there was a resolution passed at our convention in January that opposed reopening the Canadian border until at least two or three things happened first. It's my opinion that the LCA leadership abandoned the position of our membership in order to gain favor with NCBA."
There even seems to be some confusion about the purpose of the NCBA/AFBF amicus brief among members of the Colorado Cattlemen's Association (CCA), another group listed as a signatory to this document.
A CCA letter to its members dated May 2, 2005, says in part: " . . . To be very clear, CCA is not signing onto this case in support or opposition of any organization. CCA is not in support or opposition of opening the Canadian border. CCA is only speaking to the science relating to BSE . . ."
"Unfortunately, it seems that NCBA and AFBF have not done their part to adequately inform the parties that joined the amicus brief that, indeed, those parties that signed on to the document have thrown their unconditional support to USDA's Final Rule," said Leo McDonnell, R-CALF USA president and co-founder.
"Our members voted by mail-in ballot to take legal action if the USDA attempted to reopen the Canadian border before adequate safety measures against BSE were put in place, and the tally was overwhelmingly in favor of litigation," McDonnell said. "And based on the calls we're now receiving from cattle producers all across the country, it doesn't appear that the local chapters under the umbrella of each of these 29 state cattlemen's organizations named on the NCBA/AFBF amicus brief ever had an opportunity to vote on the matter.
"The actions by these state cattlemen's associations represent a very real threat to R-CALF USA's efforts to ensure that adequate protections are in place to prevent the introduction of BSE from countries where the BSE agent is known to be circulating," said McDonnell.
"These 29 cattle groups have taken an official stand to help the packers and USDA relax our import standards, and unfortunately, it's unclear whether the membership of these local organizations supported their state leadership, as it doesn't appear they were ever consulted on the matter," McDonnell pointed out. "Why would any groups that claim to support U.S. ranchers also support an action that fails to internationally harmonize such practices and science, which would result in turning the U.S. cattle and beef markets into a dumping ground for products other countries won't accept?"
NCBA and AFBF Amicus Brief Filed on April 20, 2005 in the 9th U.S. Circuit Court of Appeals
Amici State Organizations and Individual Cattle Producers
Alabama Cattlemen's Association
Alaska Farm Bureau
Arizona Cattle Growers Association
Colorado Cattlemen's Association
Colorado Farm Bureau
Florida Cattlemen's Association
Florida Farm Bureau Federation
Georgia Cattlemen's Association
Hawaii Cattlemen's Council
Idaho Farm Bureau Federation
Illinois Agricultural Association d/b/a Illinois Farm Bureau
Illinois Beef Association
Indiana Beef Cattle Association
Indiana Farm Bureau, Inc.
Iowa Cattlemen's Association
Iowa Farm Bureau Federation
Kansas Farm Bureau
Kansas Livestock Association
Kentucky Cattlemen's Association
Louisiana Cattlemen's Association
Michigan Cattlemen's Association
Michigan Farm Bureau
Minnesota State Cattlemen's Association
Mississippi Cattlemen's Association
Missouri Cattlemen's Association
Missouri Farm Bureau Federation
Nebraska Cattlemen, Inc.
Nebraska Farm Bureau Federation
New York Farm Bureau, Inc.
North Carolina Cattlemen's Association
North Carolina Farm Bureau Federation, Inc.
Ohio Cattlemen's Association
Ohio Farm Bureau Federation, Inc.
Oklahoma Cattlemen's Association
Pennsylvania Cattlemen's Association
South Carolina Cattlemen's Association
Tennessee Farm Bureau Federation
Texas and Southwestern Cattle Raisers Association
Texas Cattle Feeders Association
Texas Farm Bureau
Utah Cattlemen's Association
Utah Farm Bureau Federation
Virginia Cattlemen's Association
Washington Cattle Feeders Association
Wisconsin Cattlemen's Association
Wisconsin Farm Bureau Federation
Bert Brackett, Idaho
Carl Crabtree, Idaho
Cevin Jones, Idaho
Dave Nelson, Idaho
Eric Davis, Idaho
Gene Davis, Idaho
James A. Little, Idaho
Joseph E. Tugaw, Idaho
K. Mark Nelson, California
(Billings, Mont.) – As a possible hearing date in the 9th U.S. Circuit Court of Appeals looms on the horizon, members of some local cattle-producer organizations from Georgia, to Louisiana, to Colorado and beyond, seem to be experiencing some frustration and confusion as members learn their state associations signed on to a court document that supports the immediate reopening of the Canadian border – but without input from the local level.
The National Cattlemen's Beef Association (NCBA) and the American Farm Bureau Federation (AFBF) have filed an amicus brief (friend of the court brief) in the 9th Circuit, which fully supports the United States Department of Agriculture's (USDA's) Final Rule that calls for the immediate reopening of the Canadian border to live cattle and additional beef products. A total of 29 cattlemen's organizations are signatories on the document.
This effort by NCBA and AFBF specifically calls upon the 9th Circuit to vacate the March 2 Preliminary Injunction order issued U.S. District Judge Richard Cebull that prevented USDA's Final Rule from being implemented until a final hearing, scheduled for July 27 in Billings, Mont.
The NCBA/AFBF amicus brief asks the appellate court to overturn the Preliminary Injunction, and then immediately reopen the Canadian border under USDA's Final Rule.
James Fudge, R-CALF USA's director for the states of Alabama, Florida, Georgia, North Carolina and South Carolina, said most of the county cattle organizations in his territory had no idea that their state associations had signed on the NCBA/AFBF amicus brief.
"I don't think that producers in my area are even aware that their state associations have wholeheartedly endorsed the reopening of the Canadian border under the extremely lenient conditions contained in USDA's Final Rule," Fudge said. "Those groups that are aware of what's going on are upset that they didn't have a vote in the matter. I believe every cattle producer who's a member of an organization that gets involved in this court case has a right to vote on whether they get involved, and from what standpoint. After all, all R-CALF members have had an opportunity to vote on this issue."
Also struggling with this issue is the Louisiana Cattlemen's Association (LCA).
"Some of us were very upset and voiced our opinion, so there was an emergency board meeting where we asked them to remove LCA's name (from the NCBA/AFBF amicus brief), and that motion failed, but it was a 13-12 vote," said Mike Kovac, a past president of LCA.
"There's a lot of dissention on this issue," continued Kovac. "We feel like a lot of the local organizations will be upset when they learn there was a resolution passed at our convention in January that opposed reopening the Canadian border until at least two or three things happened first. It's my opinion that the LCA leadership abandoned the position of our membership in order to gain favor with NCBA."
There even seems to be some confusion about the purpose of the NCBA/AFBF amicus brief among members of the Colorado Cattlemen's Association (CCA), another group listed as a signatory to this document.
A CCA letter to its members dated May 2, 2005, says in part: " . . . To be very clear, CCA is not signing onto this case in support or opposition of any organization. CCA is not in support or opposition of opening the Canadian border. CCA is only speaking to the science relating to BSE . . ."
"Unfortunately, it seems that NCBA and AFBF have not done their part to adequately inform the parties that joined the amicus brief that, indeed, those parties that signed on to the document have thrown their unconditional support to USDA's Final Rule," said Leo McDonnell, R-CALF USA president and co-founder.
"Our members voted by mail-in ballot to take legal action if the USDA attempted to reopen the Canadian border before adequate safety measures against BSE were put in place, and the tally was overwhelmingly in favor of litigation," McDonnell said. "And based on the calls we're now receiving from cattle producers all across the country, it doesn't appear that the local chapters under the umbrella of each of these 29 state cattlemen's organizations named on the NCBA/AFBF amicus brief ever had an opportunity to vote on the matter.
"The actions by these state cattlemen's associations represent a very real threat to R-CALF USA's efforts to ensure that adequate protections are in place to prevent the introduction of BSE from countries where the BSE agent is known to be circulating," said McDonnell.
"These 29 cattle groups have taken an official stand to help the packers and USDA relax our import standards, and unfortunately, it's unclear whether the membership of these local organizations supported their state leadership, as it doesn't appear they were ever consulted on the matter," McDonnell pointed out. "Why would any groups that claim to support U.S. ranchers also support an action that fails to internationally harmonize such practices and science, which would result in turning the U.S. cattle and beef markets into a dumping ground for products other countries won't accept?"
NCBA and AFBF Amicus Brief Filed on April 20, 2005 in the 9th U.S. Circuit Court of Appeals
Amici State Organizations and Individual Cattle Producers
Alabama Cattlemen's Association
Alaska Farm Bureau
Arizona Cattle Growers Association
Colorado Cattlemen's Association
Colorado Farm Bureau
Florida Cattlemen's Association
Florida Farm Bureau Federation
Georgia Cattlemen's Association
Hawaii Cattlemen's Council
Idaho Farm Bureau Federation
Illinois Agricultural Association d/b/a Illinois Farm Bureau
Illinois Beef Association
Indiana Beef Cattle Association
Indiana Farm Bureau, Inc.
Iowa Cattlemen's Association
Iowa Farm Bureau Federation
Kansas Farm Bureau
Kansas Livestock Association
Kentucky Cattlemen's Association
Louisiana Cattlemen's Association
Michigan Cattlemen's Association
Michigan Farm Bureau
Minnesota State Cattlemen's Association
Mississippi Cattlemen's Association
Missouri Cattlemen's Association
Missouri Farm Bureau Federation
Nebraska Cattlemen, Inc.
Nebraska Farm Bureau Federation
New York Farm Bureau, Inc.
North Carolina Cattlemen's Association
North Carolina Farm Bureau Federation, Inc.
Ohio Cattlemen's Association
Ohio Farm Bureau Federation, Inc.
Oklahoma Cattlemen's Association
Pennsylvania Cattlemen's Association
South Carolina Cattlemen's Association
Tennessee Farm Bureau Federation
Texas and Southwestern Cattle Raisers Association
Texas Cattle Feeders Association
Texas Farm Bureau
Utah Cattlemen's Association
Utah Farm Bureau Federation
Virginia Cattlemen's Association
Washington Cattle Feeders Association
Wisconsin Cattlemen's Association
Wisconsin Farm Bureau Federation
Bert Brackett, Idaho
Carl Crabtree, Idaho
Cevin Jones, Idaho
Dave Nelson, Idaho
Eric Davis, Idaho
Gene Davis, Idaho
James A. Little, Idaho
Joseph E. Tugaw, Idaho
K. Mark Nelson, California
