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Ranchers Cattlemen Action Legal Fund United Stockgrowers of Am. v. Department of Agric.

ELR Citation: 35 ELR 20152
Nos. No. 05-35264, (9th Cir., 07/25/2005) rev'd

The court holds that a lower court erred in preliminarily enjoining a U.S. Department of Agriculture (USDA) rule that permits the resumption of the importation of Canadian cattle to the United States. The importation of Canadian cattle had temporarily been barred due to fears of Bovine Spongiform Encephalopathy. The lower court's finding that the group challenging the rule had a strong likelihood of success on the merits was premised on legal error. The rule was not arbitrary or capricious under the Administrative Procedure Act, and the USDA violated neither the Regulatory Flexibility Act nor the National Environmental Policy Act. Nor will the rule cause significant irreparable harm. The injunction was therefore reversed.

[A prior decision in this litigation is digested at 35 ELR 20056.]