RAPID CITY, S.D. – As of October 20, 2026, the lawsuit filed by R-CALF USA and other ranching groups against the USDA’s mandatory electronic identification (EID) eartag rule is moving toward a potentially decisive court hearing in Rapid City. R-CALF USA, the South Dakota Stockgrowers Association, the Farm and Ranch Freedom Alliance, and ranching families represented by the New Civil Liberties Alliance are seeking to have the USDA rule that took effect November 5, 2024, set aside. R-CALF USA filed its current lawsuit against the USDA over mandatory electronic identification (EID) eartags on October 30, 2024, in the U.S. District Court for the District of South Dakota. The lawsuit was filed by the New Civil Liberties Alliance (NCLA) on behalf of R-CALF USA, the South Dakota Stockgrowers Association, the Farm and Ranch Freedom Alliance, and four South Dakota ranchers. The case is Ranchers-Cattlemen Action Legal Fund United Stockgrowers of America et al. v. USDA, Case No. 5:24-cv-05085. The timing was significant: USDA had issued its final EID rule on May 9, 2024, and it was scheduled to take effect on November 5, 2024 — less than a week after the lawsuit was filed. Their lawsuit argues that the agency failed to adequately justify the costs and necessity of replacing visual-only official eartags with tags that must be electronically readable for covered cattle and bison movements across state lines. USDA’s stated rationale for the rule is to improve animal disease traceability and help officials respond more quickly to disease outbreaks. The agency’s 2024 final rule says electronic readability is intended to improve the ability to trace covered livestock. Counties in South Dakota attempt to block livestock electronic identification program A significant earlier ruling came on September 30, 2025. U.S. District Judge Eric C. Schulte rejected USDA’s attempt to dismiss the case for lack of standing, finding that the individual ranchers had adequately alleged injuries associated with the rule. The judge dismissed one separate claim concerning the agency’s statutory authority without prejudice, but allowed the plaintiffs’ core claim under the Administrative Procedure Act — alleging that the rule was arbitrary and capricious — to proceed. That allowed the litigation to move into the summary-judgment phase. In March 2026, the New Civil Liberties Alliance asked the U.S. District Court for the District of South Dakota for summary judgment in R-CALF USA, et al. v. USDA . The November 18 hearing in the U.S. District Court for the District of South Dakota, Western Division in Rapid City is the next key date to watch. The hearing concerns the competing motions for summary judgment filed by R-CALF USA and the other plaintiffs, and by the USDA. Both sides are asking the judge to decide the case based on the legal arguments and existing administrative record. The court’s calendar lists the hearing for November 18, 2026, at 1:30 p.m. in Rapid City Courtroom 2. It is listed as a motion hearing, not a trial. Share via: Facebook Twitter LinkedIn More