09/12/05 R-CALF appeals

American Rancher September 12, 2005 R-CALF USA is seeking a rehearing before the full 9th Circuit Court of Appeals of the July ruling that allowed imports to resume of live Canadian cattle under 30 months of age. In March a U.S. District Court in Montana had granted a preliminary injunction to keep the border closed. USDA appealed that decision and after a hearing in Seattle by a three-judge panel of the 9th Circuit, the preliminary injunction was reversed. At issue is a USDA rule giving Canada minimal risk status for BSE. Leo McDonnell, R-CALF president, explains why the group is appealing. McDonnell: "One of the more chilling parts and probably one of the big motivations for filing this is the fact that the ruling basically gave government agencies deference over public and even your scientific and industrial fields. That is in points of dispute the government is always right because it is perceived they are looking out for the best for the public. When in fact we have seen some real problems with the USDA back to the Clinton year and we know that is not correct. So that is one of the real reasons we filed appeal." McDonnell says the appellate court also made statements that were just incorrect and need to be cleaned up and the decision wasn't based on the science presented. The National Cattlemen's Beef Association and the American Meat Institute, representing meat packers and processors, have supported USDA's rule and border reopening. I'm Bob Hoff.