Agricultural News
Which Branch of the Federal Government Will Prevail in GIPSA Rule Argument?
Wed, 29 Sep 2010 6:13:22 CDT
The GIPSA Marketing Rules proposed by the USDA go well beyond the intent of Congress and run counter to recent court rulings relating to the Packers and Stockyards Act- so says Mark Dopp, General Counsel of the American Meat Institute.
In response to those that say Congress rejected these ideas during the 2008 Farm Bill debate, Dudley Butler, Administrator of GIPSA has been quoted as saying that all the authority that USDA needs lies in the original language of the decades old law.
We discuss the issue of which side of the Federal Government's triangle has the right to do what in the GIPSA Rule Debate with Dopp. Supporters of the Rule claim that recent court rulings by as many as eight different Federal judges prove that the Rules need to be rewritten because the current system is unfair to the small producer. They believe the Executive Branch should change the rules to suit their objectives. Opponents of the Rule say the Legislative branch has considered these ideas and has rejected them- and that the Judicial branch has upheld the law as written. They cry foul over the agency that is supposed to enforce the law as written changing the rules which they claim will cause them harm.
Mark Dopp offers his thoughts on this part of the GIPSA issue- and predicts the Judicial branch will be pulled off the sidelines as those who dislike the Rule will almost certainly challenge USDA in court if they finalize the Rule as it is currently written. Click on the LISTEN BAR below for this conclusion of our conversation with Mark Dopp on this Beef Buzz.
Click here to jump to our primer on the GIPSA Rule- this compilation of stuff has the link to the language of the Rule, USDA's pitch about the Rule and interviews on both side of the issue.
The Beef Buzz is a regular feature heard on radio stations around the state on the Radio Oklahoma Network- but is also a regular audio feature found on this website as well. Check out our archives for older Beef Buzz shows covering the gamut of the beef cattle industry today. Just click on the Beef Buzz button found on the left hand side of any page on this website.
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