07/15/05 9th Circuit overturns border injunction

Washington Ag July 15, 2005 Late Thursday the U.S. Court of Appeals for the 9th Circuit overturned a lower court ruling banning imports of Canadian cattle and clearing the way for animals under 30 months of age to be moved into the U.S. under a USDA rule. A three-judge panel had heard arguments in the case Wednesday in Seattle. An opinion stating the court's reasoning is still to be issued. Cattle organizations were quick to issue statements on the ruling. The National Cattlemen's Beef Association said it was pleased that the court agreed with the science. R-CALF USA which had brought the case for which a temporary injunction against a USDA rule had been granted expressed disappointment with the 9th Circuits ruling. R-CALF says it is confident that when a full hearing on the merits of the case is held, they will demonstrate to the district court that USDA's actions to reopen the border are premature and unjustified. That trial on the merits is scheduled to begin in a Montana federal court July 27th. Canadian Cattlemen's Association president Stan Ebey called the reversing of the preliminary injunction wonderful news. He said he hopes all the necessary paper work will soon be in place so that the first shipments of cattle may be crossing the border in short order. Feeder cattle futures were lower Thursday as some traders anticipated a reopening of the border.