RANCHERS CATTLEMEN ACTION LEGAL FUND UNITED STOCK-GROWERS OF AMERICA, Plaintiff-Appellee,
v.
UNITED STATES DEPARTMENT OF AGRICULTURE, Animal and Plant Health Inspection Service; Mike Johanns, in his capacity as the Secretary of Agriculture, Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 13, 2005.
Filed July 25, 2005.
Attorney(s) appearing for the Case
Mark B. Stern, Civil Division, U.S. Department of Justice, Washington, DC, for defendants-appellants.
Russell S. Frye, Frye Law PLLC, Washington, DC, for plaintiff-appellee.
Maureen E. Mahoney, Latham & Watkins LLP, Washington, DC, for amicus curiae Government of Canada.
Gregory G. Garre, Hogan & Hartson LLP, Washington, DC, for amici curiae National Cattlemen's Beef Association, American Farm Bureau Federation, National Pork Producers Council, 29 State Cattlemen's Associations, 18 State Farm Bureaus, and 9 Individual Cattle Producers.
Sarah Weinstein, Mayer, Brown, Rowe & Maw LLP, Palo Alto, CA, for amicus curiae Alberta Beef Producers.
Michael B. Gillett, McElroy Law Firm, PLLC, Seattle, WA, for amicus curiae Easterday Ranches, Inc.
Joseph O. Click, Blank Rome LLP, Washington, DC, for amici curiae Canadian Cattlemen's Association and Its Affiliated Organizations.
Jonathan L. Abram, Hogan & Hartson, Washington, DC, for amici curiae American Meat Institute, North American Meat Processors, Southwestern Meat Association, Eastern Meat Packers Association, American Association of Meat Processors, National Restaurant Association, and United Food and Commercial Workers.
John O'Brien, Kerr Brosseau Bartlett O'Brien, LLC, Denver, CO, for amicus curiae Pioneer, Inc.
Gregg Spyridon, Spyridon, Koch, Palermo, & Dornan, LLC, Metairie, LA, for amici curiae the Camelid Alliance, et al. Alan Charles Raul, Sidley Austin Brown & Wood LLP, Washington, DC, for amicus curiae Tyson Foods, Inc.
David A. Domina, Domina Law pc llo, Omaha, NE, for amici curiae 67 National, State, and Local Consumer and Research Groups, Public Interest Organizations, Farm and Ranch Organizations, and Local and Private Organizations.
Christian D. Tweeten, Chief Civil Counsel, Montana Attorney General, Helena, MT, for amici curiae States of Montana, Connecticut, Nevada, New Mexico, North Dakota, and South Dakota.
Before TASHIMA, PAEZ, and CALLAHAN, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
TASHIMA, Circuit Judge.
We must decide whether the district court erred in issuing a preliminary injunction prohibiting the implementation of a regulation of the United States Department of Agriculture ("USDA") permitting the resumption of the importation of Canadian cattle into the United States. We conclude that it did and therefore reverse the district court.
At the heart of this case lies a relatively new cattle disease caused by the practice of feeding...
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