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Wednesday, July 20, 2005

"Delayed indefinitely" or "still on the docket"? 

The Globe and Mail: Mad-cow case delayed indefinitely
Well, I'm not sure I would use the term "indefinitely" for this delay -- when the written reasons why the appeal court overturned Judge Cebull's injunction are received, then the Judge will decide whether to schedule another hearing.
The Billings Gazette reported the story this way last Friday: "A hearing on a request for permanent injunction against Canadian live cattle entering the United States is still on the docket of U.S. District Judge Richard Cebull in Billings. The judge will make no decision on the July 27 trial until he has reviewed the 9th Circuit Court of Appeals' reasons for dissolving his preliminary injunction, issued March 2, his law clerk said Friday afternoon. "
Cebull's injunction in March was pretty supportive of R-CALF's case in just about every respect.
The USDA has evidenced a preconceived intention, based upon inappropriate considerations, to rush to reopen the border regardless of uncertainties in the agency's knowledge of the possible impacts on human and animal health. Deference cannot be given to an agency that has made the decision to open the border before completing the necessary scientific analysis or risks to human health. The USDA cannot favor trade with Canada over human and animal health within the U.S. . . Plantiff has demonstrated the numerous procedural and substantive shortcomings of the USDA's decision to allow importation of Canadian cattle and beef. The serious irreparable harm that will occur when Canadian cattle and meat enter the U.S. and co-mingle with the U.S. meat supply justifies issuance of a preliminary injunction preventing the expansion of imports allowed under the Final Rule pending a review on the merits. As the States of Connecticut, New Mexico, North Dakota, Montana, Nevada, South Dakota and West Virginia have stated in the Amicus Curiae Brief: "The threats are great. Delay is prudent and largely harmless."
As well as the brief from seven states, the U.S. congress also passed in March a joint motion of disapproval of the border reopening.
So I don't think we can assume we are out of the woods quite yet.

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