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Subject: NMA Stunned by USDA Brief
by Grimes & Plain Today 4/2/2005 4:15:00 AM
Cattle Outlook: NMA Stunned By USDA Brief; Border Could Stay Closed Until Late 2005
In a move that stunned the National Meat Association, USDA lawyer filed a brief Monday evening strongly opposing the granting of intervener status to National Meat Association in its appeal of a restraining order that effectively keeps the Canadian border closed to cattle.
The brief argued that NMA showed be excluded from the appeal "because its purely economic interests that are only remotely related to the underlying litigation." NMA had filed for intervener status on the grounds that its members, mainly meat processors, were being profoundly and perhaps permanently damaged by the continued closure of the Canadian border. Jobs at slaughter and processing plant are disappearing, as Canada builds up it own slaughter and processing capacity, NMA contends.
The appeal, which is under consideration by the 9th Circuit Court of Appeals, has a fixed timetable. USDA has until April 14 to submit its brief, after which R-CALF USA will have until May 12 to respond, USDA may then take 14 days to respond, if it so wishes. The court will then make a decision as to whether or not it will accept the appeal, and set date for oral arguments, if necessary. R-CALF USA was scheduled to submit its brief, presumably opposing NMA's intervention, on Monday evening, but it received a one-day extension. NMA promises to respond vigorously to both briefs.
The American Meat Institute (AMI) and the North American Meat Processors Association (NAMP) filed an amicus brief supporting an appeal filed by the National Meat Association regarding its effort to intervene in R-CALF vs. United States Department of Agriculture. AMI's brief to the United State Court of Appeals for the Ninth Circuit supports the principle that organization such as NMA and AMI have a unique, profitable interest in cases where the government promulgates regulation that have a direct impact on an industry, such as the long awaited USDA rule that would open the Canadian border to cattle and beef.
In the brief, AMI argued that the district court ignored the significant adverse economic impact that the border closing has imposed on the meat packing industry. USDA has appealed the trail courts issuance of a preliminary injunction to the Ninth Circuit, with briefs and oral arguments taking place over the next few months. The above information is from the Livestock Marketing Information Center in Lakewood, Colorado.
With the high probability that whoever loses at the Ninth Circuit of Appeals will appeal again the odd are high that the border to Canada will not be opened at least until late 2005.
Fed cattle prices for the week through Thursday were up $4.24 per cwt at $94.45 per cwt for the average of the five market areas. Carcass prices for the five market area at $151.70 per cwt were up $5.50 from a week earlier.
Wholesale beef prices were also up some for the week with yield 3 choice at $152.72 per cwt Friday morning and yield 2-3 select at $141.18 per cwt.
Feeder steer prices were steady to $2 per cwt higher, feeder heifer prices were steady to $1 per cwt higher, and stocker cattle prices were $2-5 higher than seven days earlier this week at Oklahoma City.
The prices by weighted groups of medium and large frame no. 1 steer at Oklahoma City were: 400-500# $144.50 - 161.50 per cwt, 500-600# $128-149 per cwt, 600-700# $117.50-134, 700-800# $107-117.25 per cwt and 800-1000# $103-108.75.
Slaughter this week under Federal Inspection was estimated at 566 thousand head down 1.2% from a year earlier.
Subject: NMA Stunned by USDA Brief
by Grimes & Plain Today 4/2/2005 4:15:00 AM
Cattle Outlook: NMA Stunned By USDA Brief; Border Could Stay Closed Until Late 2005
In a move that stunned the National Meat Association, USDA lawyer filed a brief Monday evening strongly opposing the granting of intervener status to National Meat Association in its appeal of a restraining order that effectively keeps the Canadian border closed to cattle.
The brief argued that NMA showed be excluded from the appeal "because its purely economic interests that are only remotely related to the underlying litigation." NMA had filed for intervener status on the grounds that its members, mainly meat processors, were being profoundly and perhaps permanently damaged by the continued closure of the Canadian border. Jobs at slaughter and processing plant are disappearing, as Canada builds up it own slaughter and processing capacity, NMA contends.
The appeal, which is under consideration by the 9th Circuit Court of Appeals, has a fixed timetable. USDA has until April 14 to submit its brief, after which R-CALF USA will have until May 12 to respond, USDA may then take 14 days to respond, if it so wishes. The court will then make a decision as to whether or not it will accept the appeal, and set date for oral arguments, if necessary. R-CALF USA was scheduled to submit its brief, presumably opposing NMA's intervention, on Monday evening, but it received a one-day extension. NMA promises to respond vigorously to both briefs.
The American Meat Institute (AMI) and the North American Meat Processors Association (NAMP) filed an amicus brief supporting an appeal filed by the National Meat Association regarding its effort to intervene in R-CALF vs. United States Department of Agriculture. AMI's brief to the United State Court of Appeals for the Ninth Circuit supports the principle that organization such as NMA and AMI have a unique, profitable interest in cases where the government promulgates regulation that have a direct impact on an industry, such as the long awaited USDA rule that would open the Canadian border to cattle and beef.
In the brief, AMI argued that the district court ignored the significant adverse economic impact that the border closing has imposed on the meat packing industry. USDA has appealed the trail courts issuance of a preliminary injunction to the Ninth Circuit, with briefs and oral arguments taking place over the next few months. The above information is from the Livestock Marketing Information Center in Lakewood, Colorado.
With the high probability that whoever loses at the Ninth Circuit of Appeals will appeal again the odd are high that the border to Canada will not be opened at least until late 2005.
Fed cattle prices for the week through Thursday were up $4.24 per cwt at $94.45 per cwt for the average of the five market areas. Carcass prices for the five market area at $151.70 per cwt were up $5.50 from a week earlier.
Wholesale beef prices were also up some for the week with yield 3 choice at $152.72 per cwt Friday morning and yield 2-3 select at $141.18 per cwt.
Feeder steer prices were steady to $2 per cwt higher, feeder heifer prices were steady to $1 per cwt higher, and stocker cattle prices were $2-5 higher than seven days earlier this week at Oklahoma City.
The prices by weighted groups of medium and large frame no. 1 steer at Oklahoma City were: 400-500# $144.50 - 161.50 per cwt, 500-600# $128-149 per cwt, 600-700# $117.50-134, 700-800# $107-117.25 per cwt and 800-1000# $103-108.75.
Slaughter this week under Federal Inspection was estimated at 566 thousand head down 1.2% from a year earlier.
