BILLINGS, Mont. (July 21, 2005) — An upcoming case that threatened to once again close the U.S. border to live Canadian cattle shipments has been put off indefinitely.

District court judge Richard Cebull was to hear arguments in Billings, Mont. next Wednesday July 27, from the protectionist cattle farmers group R-CALF, which wants the border closed permanently to Canadian cattle imports.

Cebull is the same judge that blocked a U.S. Department of Agriculture order to lift the ban on March 7, 2005 after R-CALF convinced him that Canadian cattle posed a danger to U.S. consumers due to a trio of Canadian-born cows discovered to have bovine spongiform encephalopathy — otherwise known as mad cow disease.

That injunction was overturned last week by the 9th U.S. Circuit Court of Appeals. The action automatically lifted the two-year old ban and a handful of cattleliners loaded with cows have reportedly been crossing the border since early this week.

But while Canada celebrated the latest ruling, there was much trepidation among beef industry workers over next week’s case in Billings.

Canadian Press reports that an order delaying the Billings hearing was received by the Montana District Court yesterday. According to CP, the order stated the court and Cebull were awaiting the written comment from the appeal judges on their reasoning for reversing the preliminary ruling.

“To date, no opinion has been filed and therefore it is hereby ordered that the oral arguments be vacated until further order. After receipt of the court of appeals opinions, this court will determine whether further hearings are necessary,” the document states.

Furthermore, another hearing wasn’t scheduled — a sign, perhaps, that the case may get scrapped permanently. Ted Haney of the Canada Beef Export Federation told CP he’s optimistic, but the absence of a future hearing could be a procedural issue depending on what Judge Cebull determines from the written decision of the appeals court.

Despite what happens — or doesn’t happen — in Cebull’s courtroom, R- CALF promises it will not go down without a fight, saying it would take its case to the U.S. Supreme Court if it has to.

“It appears from today’s order by Judge Cebull that because the 9th Circuit hasn’t yet issued an opinion, that he felt it was appropriate to at least delay the July 27th hearing until he has reasonable time to review the opinion of the 9th Circuit,” R- CALF CEO Bill Bullard said in a statement posted on the group’s website. “In that order, the judges said they would issue their opinion on the order ‘expeditiously,’ but has not yet taken that action, so we still don’t know why the panel reversed the preliminary injunction R-CALF was granted by Judge Cebull.