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CREEKSTONE FARMS PREMIUM BEEF v. DEPT. OF AGRIC.

Nos. 07-5173, 07-5199.

539 F.3d 492 (2008)

CREEKSTONE FARMS PREMIUM BEEF, L.L.C., Appellee/Cross-Appellant v. DEPARTMENT OF AGRICULTURE and Edward T. Schaeffer, Secretary of Agriculture, Appellants/Cross-Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided August 29, 2008.

Attorney(s) appearing for the Case

Eric Fleisig-Greene, Attorney, United States Department of Justice, argued the cause for the appellants/cross-appellees. Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeffrey A. Taylor, United States Attorney, and Mark B. Stern and Michael S. Raab, Attorneys, United States Department of Justice, were on brief. James J. Gilligan, Attorney, United States Department of Justice, and R. Craig Lawrence, Assistant United States Attorney, entered appearances.

Russell S. Frye argued the cause for the appellee/cross-appellant. Peter C. Choharis entered an appearance.

Dissenting opinion filed by Chief Judge SENTELLE.

KAREN LECRAFT HENDERSON, Circuit Judge:

Creekstone Farms Premium Beef, LLC (Creekstone) raises and slaughters for sale Black Angus cattle. In December 2003, many countries began to ban or severely limit importation of U.S. beef because bovine spongiform encephalopathy (BSE)— "mad cow disease"—had been found in one cow in Washington State. See U.S. Dep't of Agric., Publ'n No. LDP-M-143-01, An Economic Chronology of Bovine Spongiform Encephalopathy...

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