10/19/05 R-CALF USA to battle on

The latest set back in R-C.A.L.F. U.S.A.'s plans to stop Canadian live cattle and specified beef products from coming into the U.S. once again came this week. A panel of the U.S. Ninth Circuit Court of Appeals agreed not to hear the organizations appeal of a previous Ninth Circuit decision to overturn a federal judge's preliminary injunction to keep the border closed to Canadian cattle and beef due to b.s.e concerns. That was good news to our neighbors to the north such as Stan Eby of the Canadian Cattlemen's Association. EBY: Our legal counsel tells us that the number of rehearings held in other cases is extremely small. So, as has been for the last two months, Canadian live cattle and selected beef continues to come into the U.S. As for R-C.A.L.F. U.S.A., the Ninth Circuit decision not to rehear the case was a disappointment but only a small one in the overall scheme of things. Again, the Ninth Circuit matter focused on the preliminary injunction. R-C.A.L.F. U.S.A. C.E.O. Bill Bullard says his group still has that case in U.S. District Court in Montana calling for a permanent injunction banning Canadian cattle and beef. BULLARD: What we would do is pursue the completion of our case in the District Court and hopefully convince the District Court that they previous decision issued by the Ninth Circuit Court of Appeals doesn't in any way affect the District Court's ability to render a decision that will be important to this industry in terms of protecting the health and safety standards. District Court Judge Richard Cebull put the hearing on the permanent injunction on hold in June pending the outcome of the temporary injunction motion before the Ninth Circuit. And according to Brad Wildeman of the Canadian Cattlemen's Association, the Appellate Court's rulings and orders should make Cebull's decision clearer. WILDEMAN: Let's get this thing over with. He still hasn't made a decision on whether he's prepared to sort of hear the permanent injunction thing. I think the message is pretty clear that there's no reason to do that. But Bullard and other R-C.A.L.F. leaders remain confident that if the case is heard, Cebull will find that U.S.D.A.'s final rule resuming Canadian live cattle and beef imports into our nation is premature, given both the existing science on b.s.e., and Canada's current track record with cases of Mad Cow Disease. R-C.A.L.F. U.S.A. President Leo McDonnell says what's fair is fair. MCDONNELL: Basically, what we're asking of imports from Canada is the same thing that Canada's asked of every other country that's had b.s.e. But there's a lot of politics that play into this deal.