U.S. federal appeals court overturns ban on imports of Canadian cattle
Canadian Press
July 14, 2005
SAN FRANCISCO (AP) - A federal appeals court Thursday overturned the ban on imports of Canadian cattle despite a lower court's ruling that renewing the imports could spread mad cow disease in the United States.
The U.S. Department of Agriculture was not immediately available to comment on when it would allow renewed imports of Canadian cattle, which were banned in May 2003 after a cow in Alberta was found to have mad cow disease.
The unanimous decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals overturns a Montana judge who blocked the USDA from reopening the border in March, saying it "subjects the entire U.S. beef industry to potentially catastrophic damages" and "presents a genuine risk of death for U.S. consumers."
The judges said they would issue another ruling soon explaining their rationale.
The decision came a day after the Justice Department urged the appeals court in Seattle to reopen the border to imports. Justice Department lawyer Mark Stern said lifting the ban is based on "good science" and would not result in the "infestation in American livestock."
During the hearing, the three judges suggested that U.S. District Judge Richard Cebull perhaps should have given deference to the USDA's decision.
Judge Wallace Tashima said the law "does invest the secretary of agriculture with a certain amount of discretion." Judge Connie Callahan agreed, saying the USDA is "entitled to some deference. It's their whole job to keep up with the science to make those decisions."
American Meat Institute president Patrick Boyle said the industry will be able to resume cattle shipments quickly.
"Feeders in Canada and packers in the United States, working with our respective governments, had planned to begin importing those live cattle effective March 7," Boyle said. "A lot of the preliminary work is already done. I think you'll see the industry move quickly."
Mad cow disease is the common name for bovine spongiform encephalopathy, or BSE. People who eat meat tainted with BSE can contract a degenerative, fatal brain disorder called variant Creutzfeldt-Jakob disease, or vCJD. More than 150 people died from it following a 1986 outbreak in the United Kingdom.
Canadian Press
July 14, 2005
SAN FRANCISCO (AP) - A federal appeals court Thursday overturned the ban on imports of Canadian cattle despite a lower court's ruling that renewing the imports could spread mad cow disease in the United States.
The U.S. Department of Agriculture was not immediately available to comment on when it would allow renewed imports of Canadian cattle, which were banned in May 2003 after a cow in Alberta was found to have mad cow disease.
The unanimous decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals overturns a Montana judge who blocked the USDA from reopening the border in March, saying it "subjects the entire U.S. beef industry to potentially catastrophic damages" and "presents a genuine risk of death for U.S. consumers."
The judges said they would issue another ruling soon explaining their rationale.
The decision came a day after the Justice Department urged the appeals court in Seattle to reopen the border to imports. Justice Department lawyer Mark Stern said lifting the ban is based on "good science" and would not result in the "infestation in American livestock."
During the hearing, the three judges suggested that U.S. District Judge Richard Cebull perhaps should have given deference to the USDA's decision.
Judge Wallace Tashima said the law "does invest the secretary of agriculture with a certain amount of discretion." Judge Connie Callahan agreed, saying the USDA is "entitled to some deference. It's their whole job to keep up with the science to make those decisions."
American Meat Institute president Patrick Boyle said the industry will be able to resume cattle shipments quickly.
"Feeders in Canada and packers in the United States, working with our respective governments, had planned to begin importing those live cattle effective March 7," Boyle said. "A lot of the preliminary work is already done. I think you'll see the industry move quickly."
Mad cow disease is the common name for bovine spongiform encephalopathy, or BSE. People who eat meat tainted with BSE can contract a degenerative, fatal brain disorder called variant Creutzfeldt-Jakob disease, or vCJD. More than 150 people died from it following a 1986 outbreak in the United Kingdom.
