United States Ninth Circuit

In a challenge to the government's regulation of Canadian cattle imports in the wake of the "mad cow disease" scare of the late 1990s, summary judgment for the USDA is affirmed where: 1) a rule relaxing a ban on Canadian beef and cattle imports was proper as the USDA considered the relevant factors and articulated a rational connection between the facts found and its designation of Canada a minimal-risk country; and 2) plaintiff's extra-record failed to establish that the agency's review was unauthorized, incomplete, or otherwise improper.

Appellate Information

• Argued 07/13/2007
• Decided 08/28/2007
• Published 08/28/2007

Judges

• HALL, Senior Circuit Judge:, Before:  CYNTHIA HOLCOMB HALL and MILAN D. SMITH, JR., Circuit Judges, and KEVIN THOMAS DUFFY, Senior Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Russell S. Frye, FryeLaw PLLC, Washington, DC, for appellant., Maureen E. Mahoney, Latham & Watkins LLP, Washington, DC, for amicus Government of Canada., Edward J. Farrell, Blank Rome LLP, Washington, DC, for amicus Canadian Cattlemen's Association., Simeon M. Kriesberg, Mayer, Brown, Rowe & Maw LLP, Washington, DC, for amicus Alberta Beef Producers., Philip C. Olsson, Olsson, Frank and Weeda, P.C., Washington DC, and John W. Ross, Brown Law Firm, P.C., Billings, MT, for amici National Meat Association et al.


• For Appellees:
  
• Joshua Waldman and Mark B. Stern, Department of Justice, Civil Division, Washington, DC, for appellees.