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Judge Partially Halts Critical Feed Use of CRP Land;
Billings, Mont. (July 25, 2008) – Yesterday, a federal judge in Washington state issued a permanent injunction that halts immediately any further haying or grazing of Conservation Reserve Program (CRP) land that, in May, the U.S. Department of Agriculture (USDA) had made available under a Critical Feed Use (CFU) program designed to help cattle producers access supplemental forage in the wake of drought and other natural disasters, as well as escalating feed costs. The National Wildlife Federation and some of its affiliates filed suit earlier this month against USDA to stop the CFU program, claiming that USDA should have conducted an Environmental Impact Statement (EIS) before its launch. The judge agreed, stating in his order that “…(USDA) violated the National Environmental Policy Act…acting arbitrarily, capriciously, and unreasonably, when they decided, on the basis of the ‘Environmental Evaluation’ produced, that the Critical Feed Use initiative would have no significant adverse environmental consequences, and accordingly concluded that an EA (environmental assessment) or EIS was not necessary.” However, producers who had already received approval from the Farm Service Agency (FSA) to participate in the CFU program – before the original temporary restraining order was issued on July 8 – will be allowed to proceed, but under certain limitations. Also, the FSA can continue to process, and where appropriate approve, remaining CFU applications that were filed prior to July 8 – also under certain limitations. These limitations include: 1) that all haying and grazing be complete by Nov. 10, 2008; and, 2) for all subsequent approvals under the CFU program, that haying be complete by Sept. 30, 2008, and that grazing be complete by Oct. 15, 2008. Additionally, producers participating in the CFU program may not hay or graze CRP lands again unless it is under a haying or grazing contract modification consistent with frequencies established by a 2006 court case in which USDA settled with the National Wildlife Federation (7CFR Part 1410 and the Stipulation of Settlement in NWF v. Johanns, No. 04-2169-TSZ). The judge said for purposes of compliance with these particular frequencies, haying or grazing this year will “restart” the clock. Also, producers who enrolled in the CFU program still must pay the $75 fee, if they have not done so already, and also will not face any rental fee reductions. The judge also emphasized that no additional applications to hay or graze under the CFU program will be allowed, unless the producer can prove he or she already invested at least $4,500 in haying or grazing equipment, or preparation made prior to July 8, and that the CRP contract holder will formally declare his or her reliance on the CFU program in making such an investment. “This is good news for our members who were planning to relieve their drought-stressed native pastures by moving their cattle into CRP acres,” said R-CALF USA CEO Bill Bullard. “At least those folks who had already spent significant resources to construct fences and provide water will not have to suffer due to USDA’s failure to properly follow its own rules. “USDA has become so unwieldy that many of the most elementary of duties are being swept aside to the detriment of the very farmers and ranchers USDA is supposed to serve, and we would hope this particular issue will force the agency to regroup from the top down,” he added. “The producers left without the CFU option are still without relief, and we are likely to see a continued contraction of the U.S. cattle herd in certain areas – an unacceptable situation that could have been prevented with better planning.” # # # R-CALF USA (Ranchers-Cattlemen Action Legal Fund, United Stockgrowers of America) is a national, non-profit organization dedicated to ensuring the continued profitability and viability of the U.S. cattle industry. R-CALF USA represents thousands of U.S. cattle producers on trade and marketing issues. Members are located across 47 states and are primarily cow/calf operators, cattle backgrounders, and/or feedlot owners. R-CALF USA has dozens of affiliate organizations and various main-street businesses are associate members. For more information, visit www.r-calfusa.com or, call 406-252-2516. |
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This page was last updated on Thursday, December 04, 2008. |
