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Federal Appeals Court Sides with Beef Manufacturers in Ranchers’ Lawsuit Over ‘Product of the U.S.A.’ Label by Elura Nanos, lawandorder.com
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REAL ESTATE GUIDE
federal appeals court ruled 2-1 to affirm the dismissal of a case brought by cattle ranchers over the alleged mislabeling of beef as a “Product of the U.S.A.” The class-action lawsuit was brought by New Mexico ranchers Robin Thornton and Michael Lucero on behalf of a class of beef consumers against Tyson Foods, Cargill Meat Solutions, JBS USA Food Company, and National Beef Packing Company. The plaintiffs argued that it is unfair for beef to be labeled “products of the U.S.A.” when the cattle involved are raised overseas, and brought to the U.S. only for slaughter. As attorney A. Blair Dunn explained the issue during oral arguments, cattle are brought onto American soil where they stand for minutes or hours, “Then they’re still receiving that same label, even though they didn’t really breathe much of the air here in this country, or eat much of the feed here.” That label, in turn, allows the “American” beef to fetch a premium price—a practice that is unlawfully deceptive under New Mexico law. The legal issue central to the appeal, though, was whether the plaintiffs had the right to bring their state misleading labeling claims when defendants’ actions complied with federal regulations. A threejudge panel of the U.S. Court of Appeals for the 10th Circuit upheld the lower court’s decision, ruling that the plaintiffs’ argument was preempted by federal law, as it amounted to a desire to create standards “different from what the Food Safety and Inspection Service has already approved as consistent with the Federal Meat Inspection Act.” Circuit Judge Nancy Moritz, a Barack Obama appointee, authored the 21-page opinion, which was joined by George W. Bush appointee Chief Circuit Judge Timothy Tymkovich. Moritz rejected the plaintiffs’ argument that New Mexico State law and federal law were sufficiently different as to allow a state law mislabeling claim to proceed even when defendants complied with USDA regulations. Moritz wrote: In sum, each of plaintiffs’ state-law labelcontinued on page 57 >>
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REAL ESTATE
GUIDE ST. JOHNS OFFICE P.O. Box 1980, St. Johns, Arizona 85936 Ph. 602-228-3494
LITTLE COLORADO RIVER RANCH: Located in central Apache County, Arizona, a short 10 minutes from Springerville, this ranch has lots of water! 200 AU ranch, 1,650 deeded acres, 13 sections Arizona state lease, fully improved with a nice headquarters. The ranch includes 400 acres of irrigated or sub-irrigated meadow and farm land, improved with permanent pasture for grazing. Irrigation is provided by decreed surface water rights from the Little Colorado River and supplemented by two irrigation wells. Live, year-round livestock water is supplied by 3 miles of river running through the ranch, 6 spring-fed ponds, 3 wells and 4 miles of pipeline. This ranch is being sold turn-key; 190 head of adult cows/bulls and ranch equipment, including and several ranch trucks, trailers, tractors and farm equipment. The ranch includes a gravel pit which could provide additional income. This is an extremely rare property due to the abundance of live water and being located in a mild southwestern climate, within minutes’ drive of the White Mountains, home to prime hunting, trout fishing and winter snow skiing. Price: $4,000,000 CHEVELON CANYON RANCH: 728 AU with 821 deeded acres, state, BLM and private leases in Navajo County between Heber and Holbrook, Arizona. The ranch also is only 40 miles west of Snowflake, AZ. This is a well improved ranch with 13 wells, 12 miles pipeline, large storage tanks and tire drinkers. Most of the wells produce 20+ gpm. Two sets of pipe shipping corrals with large holding traps for weaning calves and retaining heifers are located at opposite sides of the ranch for ease of operation. Corral locations each have large barns for hay/feed storage. The ranch has numerous cool season and warm season grasses providing grazing diversity. Elevation varies from 5,600 to 6,300 feet. Mild winters without the need for feeding hay, this is a sizable operation which is easy to run. Price $4,000,000 $3,500,000 OLD GREER RANCH: West of St. Johns in Apache County, Arizona, includes 1,330 deeded acres with 1,300 acres state lease and 360 acres private lease for a total of 42 animal units yearlong. There are several live springs on the deeded land providing nearly 40 acres of naturally irrigated and sub-irrigated meadow. The main block of the ranch is behind locked gate providing the owner with great privacy and seclusion while being only a five minute drive from town. Price: $735,000
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CONTACT: ST. JOHNS OFFICE: TRAEGEN KNIGHT www.headquarterswest.com email: info@headquarterswest.com
