Preliminary injunction to be filed

Cattle Market & Farm Reports, Editorials
Jan 31, 2005
by WLJ
The CEO of R-CALF USA announced last week the group will file a request during the first week of February for a preliminary injunction to stop USDA from lifting its ban on imports of Canadian live cattle.
Bill Bullard indicated the group will file for the preliminary injunction in U.S. district court in Montana. The injunction will ask the court to delay U.S. entry to Canadian live cattle and additional beef products, which is currently slated to begin March 7.
Once R-CALF's injunction is filed, USDA will have three weeks to file a response as to why their Final Rule should be allowed to be implemented as planned. After the USDA files its brief, R-CALF will then have five days to respond.
Bullard expects a hearing on the preliminary injunction to be the first week in March, right before the ban is scheduled to be lifted.
Earlier this month the rancher group filed a suit for a permanent injunction on lifting the Canadian live cattle ban.
Bullard spent the first part of last week in Washington, DC, meeting with aides for both the Senate and House Agriculture Committees in an effort to get congressional action against USDA's Final Rule.
Citing the fact that three cases of BSE have been confirmed within Canada’s borders and the lone U.S. case goes back to a Canadian-born animal, Bullard called Canadian cattle a “health threat to herds in the U.S.” He said it should not be up to R-CALF to stop USDA from allowing Canadian cattle in, but said the Montana-based rancher group is moving forward with the preliminary injunction in case Congress does not act.
USDA banned Canadian cattle in May, 2003, after Canada reported its first case of BSE.
Canada exported 1.6 million head of cattle in 2002 and 491,000 head through May 2003, before the U.S. enacted the ban on Canadian cattle.
The exact date when the preliminary injunction filing was not released.