Court Schedule Set for R-CALF BSE Rule Appeal Process

Hearing date set for Sept. 21, 2006.

The U.S. 9th Circuit Court of Appeals has established a hearing schedule regarding R-CALFUSA's recent appeal of an April 2006 decision by U.S. District Judge Richard F. Cebull, with opening briefs scheduled for Sept. 21, 2006.

Cebull denied a permanent injunction against USDA's final rule that allows cattle under 30 months of age and beef products from cattle younger than 30 months of age into the United States from Canada.

USDA's response brief is due Oct. 23, 2006. Then R-CALFUSA's reply is due 14 days after service of USDA's brief. A statement from R-CALF states at this date, no time has been set for oral argument.

"The 9th Circuit ruled in July 2005 that USDA should be given deference in this matter, but there's never been an evaluation of all of the evidence, by either the 9th Circuit or the District Court," says R-CALFUSA President and Region V Director Chuck Kiker. "We are pleased that our case is moving forward, and we are hopeful the full merits of our case will be considered eventually by the district court."

A preliminary injunction, granted to R-CALF USA by the District Court in March 2005, was reversed in July 2005 by a three-judge panel at the U.S. 9th Circuit Court of Appeals. R-CALFUSA then asked the District Court to hear argument on its pending motion for summary judgment, but instead Cebull decided, in effect, that the 9th Circuit already had decided the merits of the case. In his April 2006 decision, Cebull said his "hands were tied" and that the 9th Circuit had instructed him to 'abide by this deferential standard,' and 'respect the agency's judgment and expertise.'"

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