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U.S. Officials Mull Legal Options as Deadline Passes in Montana Cattle Case
Canadian Press, March 17, 2005
WASHINGTON (CP) - The U.S. Agriculture Department still hasn't decided how to respond to a court-imposed delay on Canadian cattle imports despite a judge's deadline Wednesday to set a trial date.
Montana federal Judge Richard Cebull extended the cattle ban two weeks ago, siding with R-CALF United Stockgrowers of America, a protectionist ranchers' group long opposed to the beef trade.
Cebull gave R-CALF and U.S. officials 10 days to set a trial date but observers always thought it unlikely they'd ever agree. The judge could set out his own date in a court order as early as Thursday, a clerk said.
Agriculture Department spokesman Ed Lloyd said officials didn't plan to file anything Wednesday or make a public statement.
Government officials were given 60 days, or until early May, to file an appeal. A successful appeal, if it could be heard quickly, would allow the cattle trade to resume while the trial proceeds.
"We haven't made the determination on how to proceed at this point (in terms of) what's going to be the most compelling case to make to the court," said Lloyd.
"That's something we're looking at with the Department of Justice. I think there's still a number of options being looked at."
R-CALF had not submitted anything on the case by late afternoon, court officials said.
Cebull's ruling was a severe blow for Canadian ranchers, who've already lost some $7 billion Cdn since the beef ban was imposed nearly two years ago after the first case of mad cow disease was discovered.
Trade in Canadian cattle under 30 months of age, thought to be at the lowest risk for contracting mad cow, was finally supposed to resume March 7.
But R-CALF's lawsuit against the U.S. government, which contends Canadian cattle and beef products are unsafe, resulted March 2 in a temporary extension of the ban.
Ottawa has kicked in $50 million to help the industry look for other markets. Some Canadian ranchers predict it could be another 18 months before the U.S. border reopens.
They also worry that R-CALF will try to extend the ban to include boneless beef cuts that have been shipped across the border since September 2003.
At least four members of R-CALF have bought up cheap Canadian cattle since the U.S. ban took effect. The group's president says he sees nothing wrong with it.
Meanwhile, the Canadian Cattlemen for Fair Trade announced on Wednesday it has served the first five of over 100 notices of arbitration in Washington under Chapter 11 of the North American Free Trade Agreement.
The CCFT is made up of over 100 family businesses from across Canada and says its collective losses total well over $300 million.
The group says it is seeking damages for violations of NAFTA, which have given an unfair advantage to the American cattle industry.
"It is clear that this is a trade and investment dispute, not a question of health and safety," said spokesman Rick Paskal in a release.
"The United States government itself now recognizes this fact. It has collected ample evidence to show that Canadian livestock does not present a health risk. Canadian beef is among the safest and highest quality beef in the world," he said.
© The Canadian Press, 2005
Canadian Press, March 17, 2005
WASHINGTON (CP) - The U.S. Agriculture Department still hasn't decided how to respond to a court-imposed delay on Canadian cattle imports despite a judge's deadline Wednesday to set a trial date.
Montana federal Judge Richard Cebull extended the cattle ban two weeks ago, siding with R-CALF United Stockgrowers of America, a protectionist ranchers' group long opposed to the beef trade.
Cebull gave R-CALF and U.S. officials 10 days to set a trial date but observers always thought it unlikely they'd ever agree. The judge could set out his own date in a court order as early as Thursday, a clerk said.
Agriculture Department spokesman Ed Lloyd said officials didn't plan to file anything Wednesday or make a public statement.
Government officials were given 60 days, or until early May, to file an appeal. A successful appeal, if it could be heard quickly, would allow the cattle trade to resume while the trial proceeds.
"We haven't made the determination on how to proceed at this point (in terms of) what's going to be the most compelling case to make to the court," said Lloyd.
"That's something we're looking at with the Department of Justice. I think there's still a number of options being looked at."
R-CALF had not submitted anything on the case by late afternoon, court officials said.
Cebull's ruling was a severe blow for Canadian ranchers, who've already lost some $7 billion Cdn since the beef ban was imposed nearly two years ago after the first case of mad cow disease was discovered.
Trade in Canadian cattle under 30 months of age, thought to be at the lowest risk for contracting mad cow, was finally supposed to resume March 7.
But R-CALF's lawsuit against the U.S. government, which contends Canadian cattle and beef products are unsafe, resulted March 2 in a temporary extension of the ban.
Ottawa has kicked in $50 million to help the industry look for other markets. Some Canadian ranchers predict it could be another 18 months before the U.S. border reopens.
They also worry that R-CALF will try to extend the ban to include boneless beef cuts that have been shipped across the border since September 2003.
At least four members of R-CALF have bought up cheap Canadian cattle since the U.S. ban took effect. The group's president says he sees nothing wrong with it.
Meanwhile, the Canadian Cattlemen for Fair Trade announced on Wednesday it has served the first five of over 100 notices of arbitration in Washington under Chapter 11 of the North American Free Trade Agreement.
The CCFT is made up of over 100 family businesses from across Canada and says its collective losses total well over $300 million.
The group says it is seeking damages for violations of NAFTA, which have given an unfair advantage to the American cattle industry.
"It is clear that this is a trade and investment dispute, not a question of health and safety," said spokesman Rick Paskal in a release.
"The United States government itself now recognizes this fact. It has collected ample evidence to show that Canadian livestock does not present a health risk. Canadian beef is among the safest and highest quality beef in the world," he said.
© The Canadian Press, 2005
