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RANCHERS CATTLEMEN ACTION LEGAL FUND v. U.S. DEPT. OF AGRIC.

No. CV-05-06-BLG-RFC.

359 F.Supp.2d 1058 (2005)

RANCHERS CATTLEMEN ACTION LEGAL FUND UNITED STOCKGROWERS OF AMERICA, Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE, ANIMAL AND PLANT HEALTH INSPECTION SERVICE, and Mike Johanns, in His Capacity as the Secretary of Agriculture, Defendants.

United States District Court, D. Montana, Billings Division.

March 2, 2005.

Attorney(s) appearing for the Case

A. Clifford Edwards, Taylor S. Cook, Edwards Frickle Anner-Hughes & Cook, Billings, MT, Russell S. Frye, William L. Miller, Collier Shannon Scott, Washington, DC, for Plaintiff.

William W. Mercer, Mark Steger Smith, Office of the U.S. Attorney, Scott G. Gratton, John W. Ross, Brown Law Firm, Billings, MT, Philip C. Olsson, Patricia E. Pahl, Olsson Frank & Weeda, Donna S. Fitzgerald, Lisa A. Olson, Marcia Tiersky, James J. Gilligan, Daniel Meron, Mayer Brown Rowe Maw LLP, Thomas L. Sansonetti, Washington, DC, for Defendants.

OPINION

CEBULL, District Judge.

BACKGROUND

This case concerns a decision by the United States Department of Agriculture ("USDA") Animal and Plant Health Inspection Service ("APHIS") to lift a ban on the importation of live cattle and edible bovine products from Canada for human consumption. A final rule was published on January 4, 2005, titled "Bovine Spongiform Encephalopathy, Minimal Risk Regions and Importation of Commodities; Final Rule...

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