USDA to Appeal Ruling to Stop Border Reopening

[farmers_son]

http://www.hpj.com/dtnnewstable.cfm?type=story&sid=13742

DES MOINES (DTN) -- USDA will appeal a Wednesday ruling by a Federal District Court judge to block its lifting of its ban on Canadian live cattle, Ed Lloyd, USDA spokesman, told DTN staff reporter Mike McGinnis, Thursday morning.

Lloyd said USDA had just received the full injunction decision issued by U.S. District Judge Richard Cebull in Billings, Mont. Lloyd would not comment on when the appeal would be filed.

"We are in the process of reviewing that so that we can determine the appropriate best course we can pursue. Our confidence number one has not been shaken in basing our regulations on sound science," Lloyd said.

"Our understanding is the judge was not ruling on the merits of the issue that is before him, but much more procedural," Lloyd said.

Though the Montana judge ordered both USDA and R-CALF lawyers to prepare a proposed schedule for a trial within 10 days, USDA remains hopeful its appeal could be ruled upon before the original March 7 re-opening date of the Canadian border.

[blackjack]

...does it not appear this judge had already made up his mind...the judges 25 page report seems to have been made up very quick compared to most things decided by courts...I wonder why the USDA seem so slow to react...its not like the lawyers don't know what was going to happen...

[kato]

He made up his mind months ago when he struck down the last rule the USDA tried to put in effect.

Same judge. Same result.

Mr. Cebull is like money in the bank for the R-Calf boys. It's nice to have a judge of your very own isn't it?

[Willowcreek]

I'll probably get slammed for being the message carrier on this-- but I am going to add my two cents worth...

Be careful what you wish for-An appeal to the 9th Circuit Court of Appeals may not be what you want... They are a court made up of mostly Californians and are known for being very liberal, very radical, anti-government, anti world trade, and they like to legislate from the bench..They end up having many of their rulings appealed to the US Supreme Court and are the highest overturned court in the nation...The rules they could set from the bench may be 10 times worse than anything R-CALF or NCBA ever requested from the USDA... We, on both sides of the border, might be better off if USDA went back and did some give and take with R-CALF and NCBA and rewrote their border policy...

[rkaiser]

Checked your pants for poo these days oldtimer. You must be awful happy knowing more Canadian rachers face turmoil over all this.

[farmers_son]

I have heard similar views of the 9th Circuit Court of Appeals.

Some questions I have:

Why wasn't this case heard by the Court of International Trade which normally addresses issued involving international trade and customs issues?

Why didn't the USDA work to have this case heard in the Court of International Trade instead of before Richard Cebull?

At some point it must have been known that Richard Cebull was the Judge that was deciding the R-Calf injunction. Since it would have been a foregone conclusion what Cebull's decision would be, Canadian producers making decisions to buy or sell cattle should have been made aware that Cebull was the judge and we could have been better prepared. The message we were getting was it was a sure fire thing the border would open. Someone on this side of the border must have known about Cebull well before March 2.

I doubt that there is any point in trying to negotiate with R-Calf, they will never rest until there is no Canadian beef much less live cattle entering the U.S. Since the NCBA was not part of the R-Calf law suit only R-Calf could stop what R-Calf started.

I think it is incredible that Bush administration cannot run your country. That a few wealthy ranchers can overturn and interfere with U.S. national policy. The Americans have a very weak system, a very weak government. Kind of scary when you consider all military power the Americans have with such a divided and ineffective system of government that cannot formulate and carry through national policy.

I notice USDA Deputy Secretary James Moseley resigned today.

[Incognito]

http://www.whitehouse.gov/news/nominations/213.html

politics 101....but you guys are getting the 411 Econ class

[Willowcreek]

farmers_son- It was filed in the Montana district because that is the headquarters for R-CALF-Billings Montana- the plaintiff- that would be the court that has jurisdiction- it wasn't filed in any international court because the alledged damage affects the safety and welfare of the US consumer and US cattle industry....

As far as if the order would happen, I was pretty sure it would just because the USDA has been so flip-floppy on decisions over the last few years- How do you close a border on sound science two years ago and then reopen it today, when the science hasn't changed? What new radical scientific discoveries have been revealed? What new trade agreements have been signed?
As far as arbitration and negotiation, I think many R-CALF members would support and a lot of the suit would lose its standing if Canadian beef and beef from Canadian cattle were forced to be labeled "Product of Canada" in the US so consumers could make the final decision and choice...In talking with people that were in the courtroom the Judge sounded outraged that Canada, the packers and USDA were trying to push off Canadian origin beef as a US product... Some even thought that if R-CALF or any US group filed for another injunction, he would close down whats coming across now....
And if you think NCBA wasn't fighting just as hard for the decision as R-CALF, you are dreaming- problem is with NCBA they are doing it all behind your back and then they can officially put the blame on R-CALF. Just look at the Senate vote- R-CALF didn't do that on their own- whatever you believe, Leo and Bill aren't that powerful yet...

And Randy- no poo in the pants- just wish the USDA, NCBA, and the packers could agree with the rest of the industry to have mandatory Country of Origin Labeling on ALL beef-- R-CALF would lose half its clout and the consumer wouldn't have to put up with the fraud USDA and the packers are operating.....I'll continue to fight until consumers are not lied too by the USDA and packers as to where their meat comes from.......

[farmers_son]

Both Canada and the U.S. had an International Review Committee inspect their respective BSE measures and recommendations were made for both countries by the international scientists on the panel who were basically the same each time. The International Review Panel made the statement that the U.S. could not consider the Washington Holstein to be a Canadian problem but given the level of trade between the two countries, it was a North American problem. The panel called upon the U.S. to show leadership by resuming trade with Canada. I believe Japan and the rest of the world is still waiting for that to happen before reopening their borders to U.S. beef.

I certainly agree R-Calf was not alone in this. Example the Amicus Curiae brief from the States of Connecticut, New Mexico, Montana, Nevada, North Dakota, South Dakota and West Virginia.

It was my understanding that the US District Courts hear federal matters, civil and criminal cases. Matters of national interest and international trade are heard in the Court of International Trade where one would assume the Judges are more familiar with kind of issues we are dealing with in this case. Here we see an appointed U.S. Trial Judge whose field of expertise is bankruptcy and divorce making U.S. international policy and that should concern Americans as much as Canadians.

[farmers_son]

The Court of International Trade has a website at http://www.cit.uscourts.gov/

"Utilizing the nationwide jurisdiction of the United States Court of International Trade, the Act, as described by President Jimmy Carter, "creates a comprehensive system for judicial review of civil actions arising out of import transactions and federal statutes affecting international trade." The Act also ensures expeditious procedures, avoids jurisdictional conflicts among federal courts, and provides uniformity in the judicial decision-making process for import transactions as required under Article I, section 8, of the Constitution of the United States."

[rkaiser]

You know oldtimer, whenever things get a little hot you dive back for cover in your COOL arguement.

Why not bring it front and center? Why hide behind the veil of science? Why support the BS coming out of Bullard and now Conrad's mouth about contaminated beef?

Your notion of a senate vote is also a joke. These bunch of Politicians play the game the same as ours. They know damn well the thing will be dumped before Bush even has his chance to veto. But they can damn sure go to their constituients and brag about saving the good old USA from the scourge of Canadian beef.

This mess is a joke, and you oldtimer are the biggest joke of all. Go kiss Bullards ass goodnight for me and most of us Canadians, won't you.

[Willowcreek]

rkaiser- you can slam me or whoever- I expected it from you- but you can go to the court transcript and the Judges ruling and read it for yourself... The main issue he questioned was the inablity for consumers to identify Canadian beef and the fact that USDA was putting a USDA stamp on something that wasn't even being inspected by USDA employees.....And right now in Congress and the Courts the Canadian producers have became the pawn in the middle of a 10 year argument over country of origin labeling... My feeling is that the sooner it comes to be the faster the border dispute will disappear....

[Willowcreek]

Willowcreek we have gone through the soft wood lumber issue and now BSE, even after we negotiated a NAFTA agreement in good faith years ago. The border staying closed, in my opinion has nothing to do with BSE, with the exception of a few greedy ranchers in Montana that want to continue to receive the high prices they have over the past year and a half.
In other areas of the US, placking plants are closing due to a shortage of slaughter cattle, so obviously the Montana ranchers don't give a damn about their fellow producers in their own country.
I can't help but wonder what would have happened if our Prime Minister would have kept his mouth shut about the missile issue until after the court hearing in Montana.

[farmers_son]

This information from Cattlenet sheds some light on the timelines we may be looking at. Everything I have seen indicates that the USDA ruling would be upheld in the courts and the R-Calf lawsuit would fail, it is just a matter of how the case winds it way through the U.S. Court system.

See:http://www.cattlenetwork.com/content.asp?contentid=4129

On Wednesday, U.S. District Court Judge Richard Cebull issued an injunction to prevent the resumption of cattle imports from Canada. The injunction was being requested in connection with a lawsuit filed by R-CALF against USDA over the new minimal-risk region rule, under which imports were to resume on Monday, March 7. Both parties to the lawsuit have 10 days to agree to a date for scheduling a trial. Most observers expect an appeal by USDA before any schedule for a trial is set. How quickly that appeal would be heard is hard to say. Likewise, it is anybody's guess as to how the appeals court would be likely to rule on the issue. If an appeal is successful, the injunction will be lifted, cattle imports will resume, and the trial on the issue of the minimal-risk region rule will be heard in the higher court at some later date. If the appeal is not successful, the injunction will remain in place, and the trial will take place in the federal district court in Montana*probably beginning sometime this summer.

[greybeard]

It sounds to me like the judge basically has his own agenda. Maybe a tad bit protectionist. As farmers son says, what is this judge doing MAKING trade policy.
As far as R-Calf members agreeing to negotiate, give me a break. Do you believe if we hade COOL, Leo will say "keep your money boys, we’re done now”.