On Monday, a federal district court in South Dakota ordered that ranchers and their ranch organizations can proceed with their lawsuit, filed on their behalf by the New Civil Liberties Alliance (NCLA), challenging the lawfulness of the U.S. Department of Agriculture’s (USDA’s) new rule requiring electronically readable (EID) eartags for certain cattle and bison transported across state lines, rather than already-in-place, efficient means of cattle identification.
In its opinion and order, the U.S. District Court for the District of South Dakota, Western Division, denied the USDA’s motion to dismiss the ranchers’ claims based on lack of standing. It further denied the USDA’s request to strike portions of the ranchers’ claims implicating a recent Supreme Court ruling the ranchers assert clarifies the USDA is not entitled to deference when citing a broad statute to justify its action of mandating EID eartags, and their claim that the USDA acted unlawfully by failing to establish that the agency’s mandatory EID eartag scheme was necessary.
“The court’s decision is an important first step in this litigation. By rejecting the USDA’s arguments, the court has determined that this case can proceed to the merits. A key question as this case moves forward is whether the EID mandate is necessary and whether the agency acted reasonably in issuing it. We believe the answer to both those inquiries is ‘no,’” said Kara Rollins, senior litigation counsel for NCLA.
“We are pleased that the court has determined our case is worthy of proceeding on to the next phase of litigation. However, because this case involves a federal agency regulation implemented during the Biden administration that imposes an unnecessary and costly burden on America’s cattle farmers and ranchers, we believe this mandate should be targeted for elimination by the new Trump administration,” said R-CALF USA CEO Bill Bullard.
The ranchers and ranch organizations represented by NCLA in this case include South Dakota ranchers Kenny and Roxie Fox and Rick and Theresa Fox, R-CALF USA, the South Dakota Stockgrowers Association, and the Farm and Ranch Freedom Alliance.
