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USDA opposes NMA entry into R-CALF lawsuit
by Pete Hisey on 3/30/05 for Meatingplace.com
In a move that stunned the National Meat Association, USDA lawyers filed a brief Monday evening strongly opposing the granting of intervenor status to NMA in its appeal of a restraining order that effectively keeps the Canadian border closed to cattle.
The brief argues that NMA should be excluded from the appeal "because its purely economic interests are only remotely related to the underlying litigation." NMA had filed for intervenor 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 plants are disappearing as Canada builds up its 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 dates 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.
USDA opposes NMA entry into R-CALF lawsuit
by Pete Hisey on 3/30/05 for Meatingplace.com
In a move that stunned the National Meat Association, USDA lawyers filed a brief Monday evening strongly opposing the granting of intervenor status to NMA in its appeal of a restraining order that effectively keeps the Canadian border closed to cattle.
The brief argues that NMA should be excluded from the appeal "because its purely economic interests are only remotely related to the underlying litigation." NMA had filed for intervenor 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 plants are disappearing as Canada builds up its 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 dates 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.
