States File Brief in Favor of R-CALF

Friend of the court brief supports R-CALF's petition for a rehearing in its litigation against USDA.

Published on: Sep 23, 2005

The attorneys general of six states – Connecticut, West Virginia, New Mexico, North Dakota, South Dakota and Montana – have jointly filed an amici curiae, or friend-of-the-court brief, in the 9th U.S. Circuit Court of Appeals to show support for R-CALF USA’s petition for a rehearing in its litigation against the U.S. Department of Agriculture (USDA) to keep the Canadian border closed to live cattle and beef products due to Canada’s problem with bovine spongiform encephalopathy (BSE).

R-CALF USA filed a lawsuit against USDA on Jan. 10, 2005. On March 2, the U.S. District Court for the District of Montana granted R-CALF USA’s request for a preliminary injunction that halted implementation of USDA’s Final Rule on BSE minimal-risk regions, scheduled to reopen the Canadian border on March 7. March 17, the USDA appealed the preliminary injunction, and on July 14, a three-judge panel for the 9th Circuit issued an order that reversed the preliminary injunction, which reopened the Canadian border. Canadian cattle began arrival into the U.S. on July 18.

The brief urges the 9th Circuit to grant the petition for a rehearing before a full panel of judges in the appellate court, to vacate the order that reopened the Canadian border, and to reinstate the preliminary injunction.

Note: To view the Brief of Amici Curiae, go to: and click "BSE-Litigation."