The New Civil Liberties Alliance (NCLA) filed a lawsuit against the USDA Animal and Plant Health Inspection Service challenging a rule requiring electronically readable (EID) eartags for select cattle and bison that are transported across state lines.

The rule replaces long-standing visual tags, which the NCLA argues are efficient and cost-effective. NCLA is representing ranchers and livestock producers. It has asked a South Dakota district court to block this rule.

NCLA claims the rule exceeds USDA’s legal authority under the Animal Health Protection Act and violates the Administrative Procedure Act by failing to justify why EIDs are essential for disease prevention.

The USDA’s APHIS is accused of not accounting for the financial impact on small producers, as required by the Regulatory Flexibility Act. Ranchers argue the rule burdens small businesses and pushes costs that favor larger corporations. Congresswoman Harriet Hageman called the mandate an overreach that endangers small producers and promotes industry centralization.

Read more about the NCLA electronic eartag litigation here.