Contact Jeremy Russell, Director of Communications and Government Relations
FOR IMMEDIATE RELEASE
April 4, 2005
NMA ASKS NINTH CIRCUIT TO OVERTURN PRELIMINARY INJUNCTION
Oakland, CA – NMA filed its reply brief today with the Ninth Circuit Court of Appeals in R-CALF v. USDA seeking intervenor status and asking that the preliminary injunction be overturned.
In its brief, NMA responded to the admission in R-CALF’s brief last week that R-CALF has “never argued that there was a great risk to human health from resumed imports of cattle and beef from Canada.” Because of this significant admission by R-CALF, NMA has asked the Ninth Circuit to immediately overturn the Preliminary Injunction against imports of Canadian cattle and beef, which was based to a large extent on the alleged potential for harm to human health.
The District Court Opinion, issued with its Preliminary Injunction on March 2, justified the Preliminary Injunction because of “increased risk to human health” and even said there was a “genuine risk of death for U.S. consumers.” Now it appears that these conclusions by the Court had no basis in the record, since R-CALF has effectively admitted that they could not have been based on argument presented by R-CALF.
NMA’s reply brief also points out that R-CALF has never addressed the risk assessment work which supports USDA’s Final Rule, including three successive studies from the Harvard School of Public Health.
“R-CALF now seems more interested in supporting its protectionist preliminary injunction on procedural grounds, rather than addressing human health and animal safety,” said Rosemary Mucklow, NMA Executive Director. “And today to confirm the priority that R-CALF gives to procedural maneuvering, R-CALF filed with the Ninth Circuit a motion to strike the amicus briefs offered by two cattle feeders, Pioneer, Inc and Easterday Feeders, and a brief offered jointly by the American Meat Institute and the North American Meat Processors in support of NMA’s appeal to the Ninth Circuit.”
“R-CALF will apparently use every legal technicality and tactic to keep in place the preliminary injunction from which R-CALF members are reaping huge profits at the expense of the very survival of U.S. slaughter facilities and U.S. workers,” Mucklow concluded.
Copies of NMA’s Reply Brief and copies of R-CALF motion to strike are available online
National Meat Association is a non-profit trade association. Since 1946, NMA has represented meat packers and processors, equipment manufacturers and food suppliers who provide services to the meat industry. The association has members throughout the United States, as well as in Canada, Australia and Mexico.