Judge Allows Ranchers to Intervene in Beef Checkoff Lawsuit

Hearing For Charter Case Likely in April 2002

 
 BILLINGS - U.S. District Court Judge Richard Cebull has agreed to expand the scope of a lawsuit challenging the constitutionality of the mandatory beef checkoff program, granting 119 additional cattle producers' request to
intervene as co-plaintiffs alongside ranchers Steve and Jeanne Charter. Approved interveners come from 18 states: California, Colorado, Connecticut, Idaho, Illinois, Kansas, Missouri, Montana, Nebraska, New Mexico, North Dakota,  Ohio, Oklahoma, Oregon, South Dakota, Texas, Washington and Wyoming-with the majority from Montana.

 The original Charter vs. USDA lawsuit, filed last August, requests the Court to strike down the mandatory beef checkoff program as an unconstitutional violation of independent cattlemen's First Amendment rights to free speech and association.

 The suit also requests that the Court establish an escrow account into which cattlemen may pay future checkoff assessments, issue an injunction to freeze all expenditures of current checkoff funds until the case is resolved, and order refunds of all fees paid into the beef checkoff program since it became mandatory.  The 119 additional interveners will be entitled to the same remedies and relief Judge Cebull grants the Charter family.  The hearing on the case is likely to be scheduled for April 2002.

 Montana rancher Bill Mackay Jr., a lead intervener, said the injunction and court-established escrow are important because the beef check ff collects close to $2 million in assessments every week.  "As long as they can continue to collect and spend our money, those who benefit from the checkoff have every incentive to drag the court battle out as long as possibly," said Mackay, who is also Chair of the Northern Plains Resource Council's Beef checkoff Legal Defense Fund.

 Nine family farm groups--including Northern Plains Resource Council, which coordinated the joint intervention--had also requested permission to intervene.  Cebull ruled that the 119 individual interveners adequately represent the associations' interests and that adding additional parties would only slow the proceedings. Northern Plains is reviewing the ruling to see if it has grounds to appeal the decision barring the groups from intervening.

 "All of us interveners collectively are compelled to pay over $220,000 per year into the NCBA-run beef checkoff program," said Mackay.  "We should be free to redirect those funds to efforts that benefit independent cattle producers, not be forced to finance promotions and studies that support the corporate global trade agendas of big feeders, packers and processors."

 For more information about the Charter vs. USDA Beef Checkoff lawsuit, or to make a contribution to help cover legal expenses, contact the Northern Plains Resource Council at (406) 248-1154, or info@nprcmt.org.

BILLINGS - U.S. District Court Judge Richard Cebull has agreed to expand the scope of a lawsuit challenging the constitutionality of the mandatory beef checkoff program, granting 119 additional cattle producers' request to
intervene as co-plaintiffs alongside ranchers Steve and Jeanne Charter. Approved interveners come from 18 states: California, Colorado, Connecticut, Idaho, Illinois, Kansas, Missouri, Montana, Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Washington and Wyoming-with the majority from Montana.

 The original Charter vs. USDA lawsuit, filed last August, requests the Court to strike down the mandatory beef checkoff program as an unconstitutional violation of independent cattlemen's First Amendment rights to free speech and association.

 The suit also requests that the Court establish an escrow account into which cattlemen may pay future checkoff assessments, issue an injunction to freeze all expenditures of current checkoff funds until the case is resolved, and order refunds of all fees paid into the beef checkoff program since it became mandatory.  The 119 additional interveners will be entitled to the same remedies and relief Judge Cebull grants the Charter family.  The hearing on the case is likely to be scheduled for April 2002.

 Montana rancher Bill Mackay Jr., a lead intervener, said the injunction and court-established escrow are important because the beef checkoff collects close to $2 million in assessments every week.  "As long as they can continue to collect and spend our money, those who benefit from the checkoff have every incentive to drag the court battle out as long as possibly," said Mackay, who is also Chair of the Northern Plains Resource Council's Beef Checkoff Legal Defense Fund.

 Nine family farm groups--including Northern Plains Resource Council, which coordinated the joint intervention--had also requested permission to intervene.  Cebull ruled that the 119 individual interveners adequately represent the associations' interests and that adding additional parties would only slow the proceedings. Northern Plains is reviewing the ruling
to see if it has grounds to appeal the decision barring the groups from intervening.

 "All of us interveners collectively are compelled to pay over $220,000 per year into the NCBA-run beef checkoff program," said Mackay.  "We should be free to redirect those funds to efforts that benefit independent cattle
 producers, not be forced to finance promotions and studies that support the corporate global trade agendas of big feeders, packers and processors."

 For more information about the Charter vs. USDA Beef Checkoff lawsuit, or to make a contribution to help cover legal expenses, contact the Northern Plains Resource Council at (406) 248-1154, or info@nprcmt.org.