Usda

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RANCHERS CATTLEMEN ACTION 

LEGAL FUND UNITED

STOCKGROWERS OF AMERICA,

No. 05-35264 Plaintiff-Appellee, D.C. No. v.

UNITED STATES DEPARTMENT OF  CV 05-006 RFC

ORDER AND

AGRICULTURE, Animal and Plant

AMENDED

Health Inspection Service; MIKE

OPINION

JOHANNS, in his capacity as the Secretary of Agriculture, Defendants-Appellants.  Appeal from the United States District Court for the District of Montana Richard F. Cebull, District Judge, Presiding

Argued and Submitted July 13, 2005—Seattle, Washington

Filed July 25, 2005 Amended August 17, 2005

Before: A. Wallace Tashima, Richard A. Paez, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Tashima

10815 RANCHERS CATTLEMEN v. USDA 10819

COUNSEL

Mark B. Stern, Civil Division, U.S. Department of Justice, Washington, DC, for the defendants-appellants.

Russell S. Frye, Frye Law PLLC, Washington, DC, for the 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…