08/30/07 R-CALF minimal risk rule appeal rejected

Washington Ag August 30, 20007 The Ninth Circuit Court of Appeals has unanimously ruled against the Ranchers-Cattlemen Legal Action Fund, R-CALF, in its efforts to seek a permanent injunction of the first minimal risk rule. That is the USDA rule that allowed Canadian cattle, and beef from cattle, under 30 months of age to again be imported into the United States following the discovery of BSE there. R-CALF CEO Bill Bullard says they are disappointed. Bullard: "The Ninth Circuit has basically said that the proper role of the courts is only to look at the decision making process that the USDA used rather than to consider the adequacy of the support for USDA's decisions. We of course think that the court is wrong. That the judicial review should include the adequacy of that support. And throughout this opinion they indicate that R-CALF has raised concerns that calls into question some of USDA's decisions. So we are going to carefully review this decision and then decide what options are available and what is in the best interest of the cattle industry to achieve the goal of ensuring greater protections for our U.S. cattle herd." R-CALF could appeal to the U.S. Supreme Court. The Canadian Cattlemen's Association says it hopes the Ninth Circuit's decision will end what it calls frivolous legal actions by R-CALF. I'm Bob Hoff.