Creekstone Farms Premium Beef v. U.S. Department of Agriculture

Russell Scott Frye

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.