Ranchers Cattlemen Action Legal Fund United Stock-Growers of America v. U.S. Department of Agriculture

This case involves a challenge to the government’s regulation of Canadian cattle imports in the wake of the “mad cow disease” scare of the late 1990s. Ranchers Cattlemen Action Legal Fund United Stockgrowers of America (“R-CALF-USA” or “R-CALF”) argues that the United States Department of Agriculture (“USDA”) issued an arbitrary and capricious rule relaxing a ban on Canadian beef and cattle imports. See Bovine Spongi-form Encephalopathy; Minimal-Risk Regions and Importation of Commodities, 70 Fed.Reg. 460 (January 4, 2005) (hereinafter “the Final Rule”).

R-CALF argues that recent incidents of mad cow disease in the Canadian herd, and in American cows imported from the Canadian herd, cast doubt on the agency’s rule-making procedure. With additional references to scientific studies and international regulations, R-CALF challenges the agency’s assessment that the “multiple, interlocking safeguards” implemented by both the United States and Canada will be effective at preventing human infection domestically.

The district court granted summary judgment to the USDA, and we have jurisdiction to review this order under 28 U.S.C. § 1291 . The facts have been provided in prior related…