U.S. meat packers in court to reopen border
CALGARY (CBC) - American meat packers have filed an emergency motion in U.S. court, hoping to get the border reopened to Canadian cattle.
The National Meat Association has asked the Ninth Circuit Court of Appeals to allow it to intervene in the legal battle between the United States Department of Agriculture and rancher lobby group R-CALF.
Last week, R-CALF won an injunction in a Montana court, preventing the USDA from reopening the border to live Canadian cattle under the age of 30 months. Those animals were supposed to be able to start crossing the border again Monday.
The border closed May 20, 2003, after the first Canadian-born case of bovine spongiform encephalopathy was confirmed.
The meat packers want to quash the preliminary injunction R-CALF obtained days before the scheduled March 7 opening.
R-CALF argued that reopening the border would cause economic hardship to American ranchers, who have been enjoying higher prices for their animals, and said Canada hasn't done enough to test for BSE.
The National Meat Association, which represents 500 meat packers across the U.S., says they're running short on animals to slaughter with no access to Canadian cattle.
While a previous attempt to intervene in the R-CALF suit was denied, spokesman Jeremy Russel says they now have a stronger case.
"Dozens of plants have had to lay off workers. Plants, with the border open, they run about 95 per cent capacity, and with the border closed, they've been running 70 per cent, and that's not profitable," Russel said. "It's just not workable."
The meat packers are also looking for millions of dollars in compensation from R-CALF, and Russel says they hope their appeal will be heard within a week.
"The good thing about it, is that they are actually American companies, American people, that are fighting to have the border open, like us Canadians want it open," Jeff Ball, president of the Alberta Cattle Feeders Association, said of the packers' motion. "The industry needs as many people helping us as we can."
Thursday, Canadian beef industry officials said they don't expect the U.S. border to reopen until 2006.
"You could easily get into nine months to a year and a half, in terms of the likely time frames around these court proceedings," said Dennis Laycraft of the Canadian Cattlemen's Association, as he and other producers met with the federal Agriculture Minister Andy Mitchell in Calgary.
Mitchell announced a $50-million contribution to the Canadian Cattlemen's Association's Legacy Fund, which is launching an aggressive marketing campaign to expand markets for Canadian beef.
"Having the ability to sell into increased markets has a direct impact on the viability of individual producers," Mitchell said.
Mitchell says his American counterpart, Mike Johanns, is deciding how to challenge the Montana ruling.
The U.S. Department of Agriculture is set to appear in court next week.
© the CBC, 2005
