Ranchers Cattlemen Action Legal Fund United Stockgrowers of America v. United States Department of Agriculture
Opinion
lead Opinion
MEMORANDUM *
The National Meat Association (“NMA”), and Canadian Cattlemen’s Association and Alberta Beef Producers (“CCA/ABP”) appeal the district court’s respective orders denying their motions to intervene as defendants in an action brought by Ranchers Cattlemen Action Legal Fund United Stockgrowers of America (“R-CALF”). NMA also appeals from the preliminary injunction issued by the district court in the same action. 1 We affirm the district court’s denial of intervention and dismiss NMA’s appeal of the preliminary injunction.
R-CALF brought suit challenging a final rule promulgated by USDA. The rule, entitled Bovine Spongiform Encephalopathy: Minimal Risk Regions and Importation of Commodities; Final Rule and Notice, 70 Fed.Reg. 460 (Jan. 4, 2005) (“Final Rule”), reversed USDA’s longstanding pol *753 icy of banning beef imports from countries where Bovine Spongiform Encephalopathy (“BSE”), commonly known as mad cow disease, is known to exist. More specifically, the rule would have had the effect of reopening the U.S. border to certain categories of Canadian cattle and beef despite the fact that four Canadian cows have been diagnosed with BSE since mid-2003.