Wednesday U.S. District Court Judge Richard F. Cebull issued an order denying R-CALF's petition for a permanent injunction against USDA's Final Rule to allow imports of Canadian cattle and beef into the United States.
In March 2005, Cebull issued a preliminary injunction blocking imports of Canadian cattle and all beef except boneless beef from animals younger than 30 months of age. Cebull's order dated April 5, 2006, states he issued the preliminary injunction because he found the Final Rule to be arbitrary and capricious, and in violation of the Administrative Procedure Act. In July 2005, the U.S. 9th Circuit Court of Appeals (9th Circuit) reversed the preliminary injunction, saying USDA deserved great deference and respect as a federal regulatory agency.
According to a statement from R-CALF, also in the April 5, 2006, order, Cebull indicated his "hands are tied. The Ninth Circuit has instructed this Court to 'abide by this deferential standard,' and 'respect the agency's judgment and expertise.'"
"R-CALF is deeply disappointed with this outcome, and it's clear the 9th Circuit forced this case to an abrupt halt by instructing Judge Cebull to cease further review of the scientific issues surrounding BSE," says R-CALF USA President and Region V Director Chuck Kiker.