Mad Sheep: The True Story Behind the USDA's War on a Family Farm

By Linda Faillace

Summarized with permission of Chelsea Green. All rights reserved.

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The USDA sent Davis a check for $215,005. The check arrived two days before the USDA announced that two of their sheep tested positive. The USDA wanted to tell the press that the sheep were positive and that the Faillaces had been paid. The (fake) positive tests also fraudulently diminished the value of the flock.

As Larry took pictures of the dumping, he decided it was the final straw. It was time to sue the USDA for fraud. They filed a motion in district court challenging the declaration of extraordinary emergency. Davis argued the case should not have been declared moot, the USDA's representations to the second circuit court were false and misleading, and the USDA took actions that continued to cause them to suffer economic and other harm. Davis asked for discovery. Judge Murtha quickly denied the motion that then allowed them to appeal to the second circuit court.

Their Second Circuit Court case was reopened in April of 2004 before three appeals court judges. Each side was allowed 10 minutes to present their case. After both sides were presented, it appeared that the court had given them the direction they should take: Sue the USDA back in Vermont district court with Judge Murtha and the USDA would not put any obstacles in their way that would stop them.

Judge Murtha requested that the USDA supply the complete administrative record to the Faillaces' lawyer. A few months later, Davis gave Larry and Linda a copy of the administrative record on a CD. For the next two weeks Linda spent day after day reading every single file on the CD and pieced together a story of lies, intrigue, and corruption. Amongst the two thousand pages, one document caught Linda's eye: "Re-evaluation of positive results of the Faillace flock in light of new information about subsequent BSL-3 closure." The "BSL-3 closure" memo revealed that Rubenstein's lab had been shut down. The same laboratory that produced all the supposed positives on their flock and on Mr. Freeman's was closed due to "gross negligence," and this fact was buried in the record. Document author Michael Doerrer, special assistant to the Deputy Administrator of Veterinary Services at the USDA/APHIS, could not locate a final decision for the administrator to impose the five-year quarantine on their farm, only a draft. The only name on the draft was Dr. Linda Detwiler who had resigned from the USDA and became a consultant for McDonalds, Wendy's and some pharmaceutical companies. Doerrer determined the quarantine issue was not"legally valid."

One month before the end of the five-year federal quarantine Judge Murtha ruled -- in favor of the USDA.

 

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