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R-CALF to Argue USDA Doesn't Use Sound Science

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HAY MAKER

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-----Original Message-----
From: Shae Dodson [mailto:[email protected]]
Sent: Monday, July 18, 2005 1:59 PM
To: Undisclosed-Recipient:;
Subject: DTN: McEowen Says Border Issue Ongoing


DTN - - - AgDayta.com - - - July 15, 2005 - - - 14:02 p.m. CDT


Law Professor: Border Issue Ongoing

07/15 14:02


-R-CALF to Argue USDA Doesn't Use Sound Science

-Ninth Circuit Seen as Most Liberal Court

By Mike McGinnis DTN Staff Reporter

DES MOINES (DTN) -- Despite the court ruling this week that re-opened the U.S. border to Canadian live cattle, the legal battle between the USDA and R-CALF USA is far from over, said Roger McEowen, Iowa State University professor of agricultural law.

"This game's not over, the game hasn't even started yet," McEowen said.

The Ninth Circuit Court of Appeals decision, which lifts the injunction blocking USDA's authority to issue science-based rules, was simply a procedural issue, McEowen explained.

"With the only question being, during the trial on the merits, is the border opened or closed. The Ninth Circuit said the border is open while the case proceeds on the merits."

With the injunction appeal process over, the attention now turns to a July 27 hearing in the U.S. District Court of Judge Richard F. Cebull to make the injunction permanent.

If Judge Cebull awards R-CALF a permanent injunction, USDA is expected to appeal to the Ninth Circuit Court -- and if a decision is made favoring USDA's argument, R-CALF will likely appeal.

Described as the most liberal circuit court on a percentage basis, the Ninth Circuit Court of Appeals has the highest rate of decisions overturned by the U.S. Supreme Court compared to all other circuit courts, McEowen said.

"That makes it hard to predict what's going to happen with this case," McEowen said. "The trial court judge views this matter differently than the Ninth Circuit -- it's a higher court, but keep in mind the Ninth Circuit gets it wrong more often than any other circuit court does."

When asked what direction Judge Cebull may be leaning, McEowen said that is very difficult to predict.

"Keep in mind Judge Cebull has closed the (Canadian) border twice."

Meanwhile, in the upcoming July 27 hearing, R-CALF is expected to argue USDA's decision to resume Canadian cattle imports was not based on scientific data.

"Part of that will be the argument that USDA made up its mind to open the border and then boot-strapped rules on to get the border open," McEowen said.

"Country of origin labeling (COOL) will come up I'm sure, because USDA is on record of opposing mandatory COOL," he added.

Judge Cebull pointed out in his order granting a preliminary injunction in March that mandatory COOL should be a part of opening the border.

"If we're going to open the border, according to Judge Cebull, consumers need to know where the meat is coming from," McEowen said.

In addition, R-CALF is expected to bring up that USDA's policy of disallowing private companies to test 100 percent of their processed cattle demonstrates inconsistencies.
 

Tommy

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Quote..."This game's not over, the game hasn't even started yet," McEowen said.



But agman says it is Haymaker.
 
A

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Tommy said:
Quote..."This game's not over, the game hasn't even started yet," McEowen said.



But agman says it is Haymaker.

AMI must not think so either--- I heard Boyle on the radio say that AMI is looking at going to Congress and legislating the border open if they loose anything in the trial---Use the millions they've spent on buying politicans to go around the safety issue :cry:
 

Murgen

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"This game's not over, the game hasn't even started yet," McEowen said

Unlike Rcalf & Cebull, the rest of the industry doesn't see this as a game. US businesses are at risk, along with Canadian!
 

Mike

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Murgen said:
"This game's not over, the game hasn't even started yet," McEowen said

Unlike Rcalf & Cebull, the rest of the industry doesn't see this as a game. US businesses are at risk, along with Canadian!

Think "Metaphor" Turden.
 

Murgen

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yep, more like Monopoly, they'll run around in circles for awhile, until they find something to land on, or they find a judge that will remortgage for them, or get them out of jail for free!
 

HAY MAKER

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Tommy said:
Quote..."This game's not over, the game hasn't even started yet," McEowen said.



But agman says it is Haymaker.

I don't pay much attention to agman,truth be known one of his best info gathering sites is ranchers net........good luck
 

Mike

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HAY MAKER said:
Tommy said:
Quote..."This game's not over, the game hasn't even started yet," McEowen said.



But agman says it is Haymaker.

I don't pay much attention to agman,truth be known one of his best info gathering sites is ranchers net........good luck

Maybe we should start billing him for our charm, wit, grace, and knowledge? :???:
 

HAY MAKER

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Mike said:
HAY MAKER said:
Tommy said:
Quote..."This game's not over, the game hasn't even started yet," McEowen said.



But agman says it is Haymaker.

I don't pay much attention to agman,truth be known one of his best info gathering sites is ranchers net........good luck

Maybe we should start billing him for our charm, wit, grace, and knowledge? :???:

I dont think the ole fart could afford it,probably have to borrow money on that vette he is so proud off :wink: ............good luck
 

Murgen

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Hey turden, I guess you made er home. Hope yer last night in Calgary was enjoyable

Enjoyable!, there have already been a couple more trips planned! There's lots of fitting to be done here in Ont. in NOV., so I guess I will need to get an extra cot in the hotel room. :wink: :wink: :wink:
 

Mike

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reader (the Second) said:
Murgen said:
Hey turden, I guess you made er home. Hope yer last night in Calgary was enjoyable

Enjoyable!, there have already been a couple more trips planned! There's lots of fitting to be done here in Ont. in NOV., so I guess I will need to get an extra cot in the hotel room. :wink: :wink: :wink:

I'm off to Prince Edward Island on Saturday. I'd love to get to Calgary sometime. My husband has a first cousin who teaches engineering or math at the university there who seems very warm.

What were you doing in Calgary, if I may ask?

And why are going to P E Island on Saturday, if we may ask?
I love that good Canadian whiskey, and ice wine too! hint, hint. :lol:
 

Manitoba_Rancher

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Think Murgen was enjoying the sites, sounds and refreshments of the stampede!!!! :wink: :wink: :wink: What do you need the extra cot for Murgen? :wink:
 

Murgen

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Hi Reader, I was on business at the Calgary Stampede! Most enjoyable! :D
 

redriver

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HAY MAKER said:
-----Original Message-----

Meanwhile, in the upcoming July 27 hearing, R-CALF is expected to argue USDA's decision to resume Canadian cattle imports was not based on scientific data.

Judge Cebull pointed out in his order granting a preliminary injunction in March that mandatory COOL should be a part of opening the border.
So r-cult's position is based on scientific data? That's a real joke! And Cebull thinks he has the power to mandate COOL? What kind of an egomaniac is this pos?
Maybe Canada should hire that drugged up US air farce pilot who murdered the four Canadian soldiers in Afghanistan to fly over the courthouse on the 27th. We'll give him a full load of bombs, let him have some more fun playing war games.
 

packerland

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After the rebuke Cebull got from the 9th circuit I'd be very very surprised if he didn't toe the line... in 'prettied up' language they called him a "meddling jackass" as a federal judge friend of mine said. I wouldn't be surprised to see him go "on vacation".... I don't think he'll want to get his nose bloodied twice. Now, given that good 'ol BS Bullard was "very pleased" with the appeals hearing it's not like R-BLAH didn't get a fair shake.

The fact is and always have been... they have no case and just as with MCOOL this is NOTHING more than market protectionism and scare mongering. Yeah, here's a great idea. Let's tell the world that the USDA doesn't have a clue and OUR BEEF SUPPLY IS UNSAFE!

After all, if it really WERE about food safety with MCOOL, why would restaurants, etc be exempt? Nope, it's all about the allmighty $$$ and how R-BLAH can put up more roadblocks that screw everyone ELSE up and fill their members' coffers. Fair play to them if they can get it done. They'll profit in the short term. In the long term, they're gonna sink us all. But of course, EVERYONE is out to screw the producer. *ROFLMAO* Idiots.
 

Bro

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Cebull is not that stupid. He knows a decision for border closure will stink of blatent protectionism, seeing how USA has MAD COW. If he is that stupid, then I guess that Canadian lawsuit could very well be a success!
 

HAY MAKER

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packerland said:
After the rebuke Cebull got from the 9th circuit I'd be very very surprised if he didn't toe the line... in 'prettied up' language they called him a "meddling jackass"
as a federal judge friend of mine said. I wouldn't be surprised to see him go "on vacation".... I don't think
he'll want to get his nose bloodied twice. Now, given that good 'ol BS Bullard was "very pleased" with the appeals hearing it's not like R-BLAH didn't get a fair shake.

The fact is and always have been... they have no case and just as with MCOOL this is NOTHING more than market protectionism and scare mongering. Yeah, here's a great idea. Let's tell the world that the USDA doesn't have a clue and OUR BEEF SUPPLY IS UNSAFE!

After all, if it really WERE about food safety with MCOOL, why would restaurants, etc be exempt? Nope, it's all about the allmighty $$$ and how R-BLAH can put up more roadblocks that screw everyone ELSE up and fill their members' coffers. Fair play to them if they can get it done. They'll profit in the short term. In the long term, they're gonna sink us all. But of course, EVERYONE is out to screw the producer. *ROFLMAO* Idiots.


I doubt seriously you would know a federal judge if he bit you in your lieing packer loving ass.............good luck
 

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