What Oh What Will Cebull DO

[Tam]

This was taken from an R-CALF press release from today

The final hearing on the merits of the case originally was scheduled for July 27, 2005, but last week, the District Court postponed the hearing until receipt of the 9th Circuit's opinion. R-CALF may still have an opportunity to present its case before the District Court, and we are prepared to do so.

Taken from the ruling

Contrary to the disrict court's conclusion, we conclude that the Final Rule will likely survive judicial scrutiny under the correct legal standard: thus, R-CALF has not shown a likelyhood of success on the merits of its action. We also conclude that R-CALF has failed to make the requisite showing of irreparable harm. For these reasons, we must reverse the district court's preliminary injunction.

Now if the District court does go ahead and Cebull again rules for R-CALF will it really make it through the court of appeal. R-CALF used everything they had including enviromental concerns to get the injunction and none of it convinced these judges they had any merit to their arguments.

More from R-CALF today

"We will consider our legal options over the coming days. However, the 9th Circuit's opinion clearly documents the great divide between the government and certain segments of the industry – those who are willing to tolerate a risk of BSE today – and other industry groups, like R-CALF, and consumers – who want to seize this opportunity to effectively prevent the spread of BSE and protect the U.S. cattle industry and consumers. The United Kingdom and many European countries had this same debate and unfortunately, did too little, too late."

Nice touch with the UK and EU reference :wink: Make everyone think we have a problem the size of the UK smart move. :roll:

According to the three Judges

the district court's concerns over the possibility of "stigma" harming the American beef industry appears to be overstated. The record does not support the district court's alarmist findings that the "irreparable economic harm" the district court foresaw from the stigma of Canadian beef will actually befall the American beef industry. Following the case of BSE diagnosed in a Washington State cow in 2003, consumer demand for and confidence in, American beef remained strong. Final Rule, 70 Fed. Reg. at 522. According to USDA, American demand for beef in 2004 is estimated to have increased seven to eight percent over 2003 levels. Yet, Canadian beef was flowing into this country throughout 2004 under permits issued by USDA. This evidence belies the district court's prediction of catastrophic injury to the U.S. beef industry.

How can R-CALF say the consumers want to seize this opportunity? If the consumers believed there was a problem why did demand increase 7 to 8 percent ? If they were really worried about the risk of BSE wouldn't demand have dropped? If the Consumers had been listening to R-CALF at all, demand would have dropped but since it didn't, leads me to believe they weren't listen to R-CALF and their rhetoric. (way to go US consumers :clap: ) R-CALF is the only ones trying to protect anything and that is the high cattle prices they are seeing and to hell with the rest of the sectors of the beef industry that being put out of business. Even the three Judges felt it was unfair to rule in favor of one part of the industry due to economics when the rest of the industry is suffering economically. If R-CALF knows what is good for the US beef industry and their membership they had better drop this now. As another shot in court will only cost the members millions. It will give the anti beef groups even more ammo to use against the beef industry. It may put some doubt in the consumers minds about the safety of the beef. And for what, as it will likely fail on appeal if Cebull is dumb enough to buy their load of crap again. All we can hope for is Cebull sees the light of day and doesn't give R-CALF another chance. :???:

 

[redriver]

R-cult's ridiculous statements simply reinforce the obvious, they are merely out for their own gain and don't care about food safety, the consumer, or anyone else in the industry for that matter. They don't even care about their own members who pay to keep their "elite" club of rich boys in the spotlight.
R-cult is an embarrassment to all US ranchers.