legal challenges
R-CALF USA in January 2005 filed a lawsuit in the U.S. District Court for the District of Montana to block USDA's efforts to expand beef and cattle trade with Canada. U.S. District Judge Richard Cebull granted a preliminary injunction in the case, which stopped the planned March 7, 2005, expansion of cattle and beef trade with Canada.
On March 17 the U.S. Department of Justice, on behalf of USDA, filed a request with U.S. Court of Appeals for the 9th Circuit asking that the appellate court overturn Judge Cebull's order. On April 21, AMI, together with six other organizations, submitted an amicus curiae (friend of the court) brief in support of the appeal. The briefing schedule for the parties ended in early June.
On July 14, 2005, the United States Court of Appeals for the 9th Circuit reversed the preliminary injunction blocking imports of Canadian cattle and some Canadian beef. The Court\x{2019}s order overturned Judge Cebull\x{2019}s March ruling granting a preliminary injunction to block the USDA from reopening the border. A July 27, 2005 hearing in Judge Cebull\x{2019}s court regarding a permanent injunction is still scheduled to take place. Judge Cebull will then decide whether to issue a permanent injunction against the final rule.
On July 15, USDA Secretary Mike Johanns noted that beef and cattle trade with Canada would be restored in \x{201C}days, not weeks.\x{201D}
In addition the National Meat Association and the Canadian Cattlemen's Association and the Alberta Beef Producers moved to intervene in the case at the district court level. Their respective motions were denied by Judge Cebull . Those appeals were heard by the Ninth Circuit panel but no ruling has been forthcoming yet. AMI and other associations filed an amicus brief in support of NMA's intervention efforts.
On July 20, a hearing scheduled for July 27 to consider a request for a permanent injunction against imports of Canadian cattle and beef was postponed by U.S. District Court Judge Richard Cebull until the three judge panel of the court of appeals issues a written opinion that provides guidance as whether further proceedings are necessary.