Court Favors Rule 1 on Minimal Risk Standard
Cattle group loses appeal in effort to seek an injunction against the first minimal risk rule.
Compiled by staff
Published: Aug 29, 2007
The Canadian Cattlemen's Association announced Tuesday that the Ninth Circuit Court of Appeals has unanimously ruled against the Ranchers-Cattlemen Legal Action Fund (R-CALF) in their continuing effort to seek a permanent injunction of the first minimal risk rule. The first minimal risk rule - or Rule 1 - allows trade of under-30-month cattle and beef from cattle under 30 months.
"We are pleased with the Ninth Circuit's decision and sincerely hope this will be the end of such frivolous legal actions," says CCA President, Hugh Lynch-Staunton. "Significant resources, both in terms of time and money, have been spent by Canadian and U.S. producers and by our governments on these unnecessary proceedings."
Lynch-Staunton says this latest decision should end R-CALF's legal action against Rule 1, adding that R-CALF could appeal to the U.S. Supreme Court. "Our legal counsel advises us that the Supreme Court would be very unlikely to hear this case," he notes.
CCA summarizes the case
In April 2006, Judge Cebull of the United States District Court in Montana decided to uphold the USDA's rule to open the U.S. border to cattle under 30 months of age and beef. R-CALF appealed Cebull's District Court ruling in June 2006. Two months later, the USDA filed a motion for "summary affirmance" with the Ninth Circuit Court, outlining that the Ninth Circuit had already heard, considered and rejected all of R-CALF's arguments. However, the Ninth Circuit issued a decision to allow R-CALF to make its arguments regarding Rule 1, submitting its briefs to the Ninth Circuit in late 2006 and the USDA submitting its briefs in early 2007. The CCA and its affiliates along with the Government of Canada, the American Meat Institute, the National Meat Association and others, filed an Amicus Brief in support of the USDA.
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