For Immediate Release

March 22, 2005

www.competitivemarkets.com

Stakeholder Group Contacts:

Montana Cattlemen's Association, John Lockie, Executive Director, 406.259.5466
Independent Cattlemen of Nebraska, Chris Abbott, President, 308.282.2826
Cattle Producers of Washington, Lee Englehardt, President, 509.766.0161
Organization for Competitive Markets, Chase Carter, Executive Director, 402.817.4443
South Dakota Stockgrower's Ass'n., Carrie Longwood, Executive Director, 605.342.0429

CCMP Stakeholders To File Amicus Brief

Opposing NMA Intervention in Canadian Border Lawsuit

Stakeholder groups in the Cattlemen's Competitive Market Project (CCMP) announced today they will file an amicus (friend of the court) brief with the Ninth Circuit Appellate Court opposing the National Meat Association's (NMA) appeal to become an intervenor in the R-CALF USA v USDA lawsuit.

In January, R-CALF filed suit against the U.S. Department of Agriculture (USDA) over the agency's final rule which would have reopened U.S. borders to live Canadian cattle and expanded beef products on March 7. On March 2, U.S. District Judge Richard Cebull granted R-CALF's request for a preliminary injunction, postponing the scheduled resumption of trade until the full trial is completed later this year. During the injunction proceedings, Judge Cebull ruled that NMA could not intervene in the suit. NMA filed its appeal on March 9.

NMA is asking the appeals court to reverse Cebull's order denying NMA permission to intervene in the suit. NMA is also asking the court to overturn Cebull's preliminary injunction. If permitted to intervene, the packer lawyers would support USDA and Department of Justice (DOJ) attorneys at the trial.

On March 17, DOJ attorneys advised the Ninth Circuit Appellate Court that USDA would be filing an appeal of Judge Cebull's preliminary injunction ruling. CCMP stakeholder groups are considering filing a separate amicus brief in the USDA's appeal.

CCMP stakeholder groups say that if NMA is permitted to join in the litigation, then all cattle and farm groups should be allowed to join in the litigation because their members have equally vital and direct interests.

Stakeholder groups in CCMP are spearheading the joint amicus brief filing. They include Independent Cattlemen of Nebraska, South Dakota Stockgrower's Association, Montana Cattlemen's Association, Cattle Producers of Washington and the Organization for Competitive Markets. David Domina, Domina Law of Omaha, Nebraska, has been retained to represent amicus brief joiners in the process.

Rick Fox, Vice President of the South Dakota Stockgrowers Association, said stakeholder groups are firm in their opposition to NMA's appeal. "This appeal is an all out effort by the packing industry and USDA to persuade the court to reopen the Canadian border because its members will reap substantial profits through access to lower priced cattle. Captive supply (packer owned) cattle in Canada will provide packers with a formidable tool to depress cattle prices in the U.S. Our amicus brief will advise the court on the packing industry's gross misrepresentation of the economic facts surrounding this case, and will provide a laser focus on the human and animal health risks associated with Canadian cattle and beef trade. This is an opportunity for U.S. cattlemen to show that sound science must prevail, rather than USDA's political science."

Organizations interested in signing on to the amicus brief can do so by contacting Chase Carter at 402.817.4443 or by emailing him at carter@competitivemarkets.com. The sign on deadline is March 28.

"CCMP was established to create funding to help provide the needed economic and legal horsepower we need to influence policy," said Dennis McDonald, Montana Cattlemen's Association President. "We've set an aggressive goal of enrolling 400,000 head of cattle in the program during the next six months. At fifty cents per head collected at the point of sale, this is a painless but effective way to fund an effort that will support like-minded organizations on the issues that impact the cattle industry. To meet our goal, stakeholder groups are asking every one of their members to enroll in CCMP so that deductions can begin immediately."

Producers wanting to support this effort with 50 cent per head contributions deducted from auction market sales, may download a contribution form by visiting the Organization for Competitive Markets website (www.competitivemarkets.com) or the forms can be obtained from any stakeholder group.

Chris Abbott, President of the Independent Cattlemen of Nebraska said, "This amicus brief is one example of what CCMP can provide to U.S. cattlemen. Over the coming months, we must be prepared for the battles to come over country of origin labeling, international trade agreements, antitrust enforcement and a myriad of other issues that will require economic analysis and legal support. Now is the time for cattlemen to unite and take our industry to a new level."

The Cattlemen's Competitive Market Project (CCMP) is a voluntary contribution program funding the effort to increase demand for U.S. cattle and beef in open and competitive markets.