State attorneys general file briefs supporting cattlemen's lawsuit

Associated Press

February 16, 2005

HELENA, Mont. -- The attorneys general from Montana, North Dakota, Connecticut and four other states filed legal arguments in federal court Wednesday supporting a livestock group's lawsuit to halt expanded imports of Canadian beef and cattle in the wake of mad cow cases in that country.

The attorneys general said they support the group's request for a temporary court order preventing the U.S. Department of Agriculture's expansion plan from taking effect as proposed next month, calling it "hasty."

"Our position is that the USDA's plan should be put on hold until the court considers the pending case," Montana Attorney General Mike McGrath said in a written statement. "The potential consequences to U.S. producers and consumers could be catastrophic. Delaying the USDA's hasty decision and allowing full consideration by the court is the right thing to do."

McGrath and North Dakota Attorney Wayne Stenehjem submitted the "friend-of-the-court" brief, which was also signed by their counterparts in Connecticut, Nevada, New Mexico, South Dakota and West Virginia.

In December, the USDA announced it would allow imports of cattle under 30 months and certain other animals and products from Canada, including beef products, beginning March 7.

On Jan. 2, however, Canadian officials announced they had confirmed a new case of mad cow disease in that country. The group R-CALF United Stockgrowers of America sued the USDA in U.S. District Court in Billings, Mont., later that same month, arguing the agency's plan would pose a risk to both consumers and U.S. producers.

The group is seeking a court order halting the plan from taking effect until the merits of its case are considered.

Last week, the Agriculture Department said it intends for its plan to go into effect March 7, but agreed not to allow meat from older Canadian cattle to be shipped into the United States. Previously, the import plan would have allowed meat from animals of any age. The ban on bringing any cattle 30 months and older remains in force.

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Stockgrowers News Release:

South Dakota Opposes USDA Border Rule

In a move to protect the health and safety of the South Dakota cattle herd, South Dakota Attorney General Larry Long joined several other states in signing an amicus brief in support of recent litigation filed by the national cattle organization R-CALF USA .

According to South Dakota Stockgrowers Association Vice President Rick Fox , Hermosa , S.D. , Attorney General Long’s involvement will send a clear message that the state recognizes the value of a healthy and viable cattle industry and is not willing to compromise herd health in the midst of a political tug-of-war.

“It is critical that we as an industry follow scientific protocol to prevent the introduction of BSE into this country,” said Fox. “The South Dakota Stockgrowers Association and R-CALF USA have urged USDA to withdraw their rule and we appreciate our state officials joining us in this effort, for voicing their clear disagreement with USDA’s rule that would open the Canadian border to live cattle on March 7, 2005. By signing the amicus brief, South Dakota tells the world that now is not the time to throw open our borders to Canadian cattle.”

Attorney General Larry Long told the South Dakota Stockgrowers Association “ South Dakota was happy to participate in the preparation of the brief and we were happy to help recruit other states to sign on. This is a joint effort supported by the Governor and the legislature as well as my office.” Long concludes, “I’m confident that the plaintiffs are well represented and I wish them success.”

Fox said the Stockgrowers are grateful for the unified support the cattle industry has received on this issue from all branches of South Dakota government. “The message this sends to USDA is that we as a state prioritize our cattle industry above ‘big business.’ We are not willing to sacrifice the health and economic viability of our cattle business in order to reestablish an import-based income for the three big packers. USDA has told producers that a science-based approach must be followed, but they now appear to be straying from their own convictions. It is up to us as individuals and as state governments to get them back on that track.”

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