06/20/06 R-CALF appeals injunction decision

American Rancher June 20, 2006 The Board of Directors of R-CALF USA has decided to appeal an April decision by Montana Federal District Court Judge Richard Cebull. The Judge ruled against R-CALF's request for a permanent injunction of USDA's so-called minimal risk rule. That's the rule which opened the U.S. border to younger Canadian cattle imports and an expanded list of Canadian beef products. The appeal is to the 9th Circuit, the same court that overturned a preliminary injunction against the USDA that was issued by Judge Cebull, but R-CALF CEO Bill Bullard says things have changed since that decision last July. Bullard: "We have had additional cases of Canadian BSE in animals born well after the feed ban, which undercuts the assumptions which USDA has made in the final rule. In addition, USDA has offered inconsistent statements. For example, it said it is essential to have a series of interconnecting mitigation measures, like a feed ban coupled with SRM removal policies, coupled with testing procedures. And then USDA writes a new rule to allow Japanese beef into the U.S. market and claims that this combination of mitigation measures is no longer necessary." Bullard says those changes make it important to get a full legal hearing in the Montana Federal District Court. It is not known how quickly the appeal will be scheduled by the 9th Circuit. I'm Bob Hoff.