WINNIPEG (Dow Jones)--The Canadian Cattlemen's Association isn't expecting U.S. rancher group R-CALF to be successful in its latest attempt to block Canadian beef and cattle from entering the U.S., but it isn't taking the action "lightly" either, according to a CCA official.
On June 6 R-CALF filed a notice to appeal an April U.S. District Court decision that allowed Canadian cattle and beef imports to the U.S. to continue.
"We remain frustrated that there has never been full consideration of the merits of our case," R-CALF President Chuck Kiker said in a statement. "The Ninth Circuit Court of Appeals ruled in July 2005 that USDA should be given deference in this matter, but there's never been an evaluation of all the evidence."
"We knew there were some options for R-CALF to pursue from a legal standpoint," said Dennis Laycraft, CCA executive vice president. "Basically they are appealing to the same court that overturned the decision by Federal Court Judge Richard Cebull in Billings, Montana."
Laycraft said that while it seems like an extraordinary long shot for R-CALF to pursue, the fact they are going back to the courts can't be taken lightly.
"Our sense after conversations with our legal counsel is that R-CALF will not be successful, but we also have come to expect nothing less from them," Laycraft said.
He said the U.S. legal system will probably accept the request for an appeal, but clearly the strength of the appeal court's decision seems to strongly favor the U.S. Department of Agriculture, keeping the U.S. border open to Canadian cattle and beef products under 30 months of age.
"The CCA will obviously have to engage our legal counsel and spend some more money on this issue where it would be a far better use of money for all parties involved if Canada and the U.S. were instead working together to sell more beef around the globe," Laycraft said.
Laycraft said the CCA also expects R-CALF to take Rule 2 through the U.S. court system as well. The implementation of Rule 2 would allow the movement of Canadian cattle and beef over 30 months of age into the U.S., he said. Breeding cattle would also be included.
"The implementation of Rule 2 would then see the return of a more fully integrated North American cattle market again," Laycraft said.
However, while negotiations with the USDA on Rule 2 have been ongoing, Laycraft said it looks as if it will be sometime in 2007 before it is implemented.
The delay comes in light of the two most recent BSE cases in Canada.
"If things got rolling early and Rule 2 went unopposed, there would be a good chance of it being implemented by early 2007," he said. "However, if the process is slowed up, it could be mid-to-later 2007."
The U.S. government banned imports of Canadian beef and cattle in May 2003 when Canada diagnosed its first case of bovine spongiform encephalopathy, or mad-cow disease.
The USDA in March 2005 issued a Final Rule that would have reopened the border to Canadian live cattle and beef. However, those plans were delayed after R-CALF received an injunction from Judge Cebull.
R-CALF sought a permanent injunction to halt the importation of Canadian beef and cattle, but in April 2006 the USDA had the injunction overturned via arguments to the Court of Appeals.
Source: Dwayne Klassen, Dow Jones Newswires; (204)-947-1700; resnews@compuserve.com