Canadian cattle ban ruling II [9th Circuit] News
Canadian cattle ban ruling II [9th Circuit]

Ranchers Cattlemen Action Legal Fund United Stockgrowers of American v. U.S. Dep't of Agriculture, United States Court of Appeals for the Ninth Circuit, July 25, 2005 [ruling explaining its July 14 reversal of a ban on importing Canadian cattle enacted two years ago after Canada discovered its first domestic case of mad cow disease]. Excerpt:

Plaintiff-Appellee, Ranchers Cattlemen Action Legal Fund United Stockgrowers of America ("R-CALF"), successfully blocked the implementation of the Final Rule, convincing the court below to find the rule arbitrary and capricious under the Administrative Procedure Act ("APA"), 5 U.S.C. s.706(2), and to issue a preliminary injunction prohibiting its enforcement. See RanchersCattlemen Action Legal Fund United Stockgrowers of Am. v. United States Dep'tof Agric., 359 F. Supp. 2d 1058 (D. Mont. 2005) ("R-CALF I"). Because we conclude that the district court applied an incorrect legal standard, we reverse.

Read the full text of the opinion here [PDF]. Reported in JURIST's Paper Chase here.