District Court Allows R-CALF Lawsuit to Proceed

The U.S. District Court in Washington, D.C., ruled a lawsuit brought by independent ranchers who say the Beef Checkoff Program threatens their livelihood can go forward. The court’s opinion denied a motion to dismiss by the USDA, writing that the ranchers have successfully alleged they have “associational standing” to challenge USDA’s practices.

The case will proceed through discovery.

R-CALF USA filed this legal challenge over amendments the USDA made to the operation of the federal Beef Checkoff program in September 2020. Tri-State Livestock News said the new lawsuit builds on R-CALF USA’s Montana litigation, which challenged the constitutionality of the use of Checkoff funds by private state beef councils to fund speech that harms independent producers. R-CALF’s lawsuit asserts that the government unlawfully amended the legal and regulatory framework within which the state beef councils operate without first undergoing a public rulemaking process that gives the public notice of its proposed amendments and provides the public with an opportunity to comment before the changes get implemented.

R-CALF added its members, and ranchers everywhere were denied their right to weigh in on a federal program they’re forced to fund.

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