050710 Judge Delays a Hearing on Canadian Beef Imports

A federal district court judge delayed a hearing that was set to be held next week in Montana on whether Canadian cattle and beef should keep coming into the country.

U.S. District Judge Richard Cebull issued the order because he said he had not received a written opinion from the 9th Circuit Court of Appeals, which last week lifted an injunction that Cebull issued last March blocking live Canadian cattle imports.

At least a few shipments of cattle started arriving Monday after the higher court. The cattle industry had been gearing up for next Wednesday's hearing in Billings, Mont.

Lawyers for the U.S. Department of Agriculture and the Ranchers-Cattlemen's Action Legal Fund were expected to argue over USDA guidelines for allowing boxed beef and live cattle imports from Canada.

Boxed beef imports have been allowed since September 2003 and live cattle was allowed after the three- judge panel from the Ninth Circuit unanimously overturned Cebull's injunction.

Imports were banned in May 2003 after Canada announced that it had discovered its first case of mad cow disease, also known as bovine spongiform encephalopathy.

Cebull stated Wednesday that he could not rule on the merits of the cases by the USDA or R-CALF without first reading a written opinion from the 9th Circuit. He also left open the possibility that he may have no reason to hear arguments, depending on the higher court's opinion.

"After receipt of the Court of Appeals' opinion, this court will determine whether further hearings are necessary," Cebull said. R-CALF representatives, who vowed to fight after the appeals court ruling last week, said they also are waiting to see the written ruling, but the group is prepared to present its case to the court as soon as that opinion is issued.

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