IN THE UNITED STATES DISTRICT COURT, FOR THE DISTRICT OF MONTANA, BILLINGS DIVISION
RANCHERS CATTLEMEN ACTION LEGAL FUND UNITED STOCKGROWERS OF AMERICA, Plaintiff, [CV-04-BLG-RFC]
vs [DEFENDANTS' FIFTH STATUS REPORT]
UNITED STATES DEPARTMENT OF AGRICULTURE, ANIMAL AND PLANT HEALTH INSPECTION and ANN M. VENEMAN, IN HER CAPACITY AS THE SECRETARY OF AGRICULTURE, Defendants.
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Defendants are submitting this pursuant to paragraph 3 of the Court's May 5, 2004 Order requiring a status report on the rulemaking proposed on November 4, 2003, 68 Fed. Reg. 62,386, and reopened for further public input on March 8, 2004, 69 Fed. Reg. 10,633. The draft final rule has been submitted by the Department of Agriculture to the Office of Management and Budget pursuant to Executive Order 12,866 and is currently undergoing review. The rule under review is a final rule and provides that the rule will not become effective until sixty days after publication in the Federal Register. This period coincides with the sixty day statutory review period provided for in the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801-808).
Respectfully submitted,
PETER D. KEISLER
Assistant Attorney General
WILLIAM MERCER
United States Attorney
VICTORIA FRANCIS
Assistant United States Attorney
___________________________
JAMES J. GILLIGAN
LISA A. OLSON
U.S. Department of Justice
20 Mass. Ave., N.W., Room 6118
Washington, D.C. 20530
(202) 514-5633
Fax: (202) 616-8460
Email: lisa.olson@usdoj.gov
Counsel for Defendants
Dated: Dec. 9, 2004
CERTIFICATE OF SERVICE
I certify that on December 9, 2004, a copy of the Defendants' Fifth Status Report was served upon plaintiff's counsel by telefax and first-class mail, postage prepaid, as follows:
