Case Conclusion Date: March 29, 2007
Practice Area: Agriculture
Outcome: Court held USDA unlawfully preventing BSE testing
Description: Creekstone, a premium beef producer, sued USDA, challenging USDA's efforts to prevent Creekstone from voluntarily testing Creekstone's cattle for bovine spongiform encephalopathy (BSE or Mad Cow disease). District Court held that USDA lacked authority under federal law to prohibit Creekstone from testing. USDA appealed, and a panel of the D.C. Circuit reversed (over strong dissent by the Chief Judge.