Articles in this document:

· Judge limits grazing on CRP acreage, skewers USDA

· CRP Update - Permanent Orders (includes link to ruling)

· Judge Limits USDA CRP Haying, Grazing
Injunction Does Not Affect Emergency Haying, Grazing

· Conservation Reserve Program Decision "A Blow to Rural Economies"

· Producers Win On Release Of CRP Acres

Judge limits grazing on CRP acreage, skewers USDA

By Lisa M. Keefe on 7/24/2008

MeatingPlace

A federal judge in Seattle Thursday morning entered a permanent injunction against the U.S. Department of Agriculture's program releasing acreage from the Conservation Reserve Program (CRP) for haying and grazing.

USDA had opened the acres in an attempt to help ranchers cope with high feed prices and possible grain shortages.

In his decision, U.S. District Judge John C. Coughenour made sweeping exceptions to his prohibition, but then imposed terms that would make actually using USDA's program economically unattractive.

Some exceptions

The judge's exceptions include:

· CRP participants who had applied to and received approval from the Farm Service Agency to use that land before the Court issued its original temporary restraining order on July 8;

· CRP participants whose applications were in to the Farm Service Agency before the TRO was issued, that may yet be approved by the agency;

· CRP participants who have yet to apply for permission, but who can prove that they spent at least $4,500 on equipment and other preparations in anticipation of being able to hay and graze on CRP land released by USDA for that purpose this year.

However, those who do opt to use the CRP acreage this year may have only a few weeks in which to do it; the judge imposed several deadlines, based on when the applications were received. Furthermore, they are subject to a type of penalty in that the order prohibits them from using CRP land for either five or 10 years after this season; the timeframe is based on the terms of a lawsuit settlement reached in 2006.

USDA lambasted

When USDA announced its intention to open CRP acreage for haying and grazing, the National Wildlife Federation sued the agency over the environmental issues, which the NWF said were inadequately researched. The two sides were given until earlier this week to reach a compromise, but failing to do so, the judge stepped in with his order.

In his order, Judge Coughenour said USDA had "violated the National Environmental Policy Act" and acted "arbitrarily, capriciously, and unreasonably, when they decided, on the basis of the 'Environmental Evaluation' produced," that the proposed program would have no environmental consequences.

meatingplace.com

CRP Update - Permanent Orders

Jenifer Gurr

Executive Administrator

Colorado Department of Agriculture

07/24/2008

PDF of Permanent Orders

The judge's permanent order prohibits any new applications for CRP-598 Critical Feed Use, but allows those who had applied for and received permission to hay or graze PRIOR to the TRO to proceed with haying or grazing under the 598 provisions. He also allows those to hay or graze who applied for permission to hay or graze but had not yet received permission to do so. He also allows people to petition to hay or graze who had not applied to do so IF they can document that they invested at least $4,500 toward equipment or other preparation prior to the TRO. There are also end dates and frequency restrictions in the order.

We are also working with the Governor's office on requests for disaster designations. 19 counties for drought and 3 for freeze.

ag.state.co.us

Judge Limits USDA CRP Haying, Grazing
Injunction Does Not Affect Emergency Haying, Grazing

Adam Templeton
DTN Staff Reporter
DTN AgDayta
Thu Jul 24, 2008 04:21 PM CDT

OMAHA (DTN) -- A U.S. district judge issued a permanent injunction against USDA Thursday suspending the department's ability to sign up any more landowners for the critical-feed use haying and grazing program on Conservation Reserve Program land.

U.S. District Judge John C. Coughenour in Seattle wrote in his order that USDA violated a federal environmental law when the department decided the CRP feed initiative would have no significant adverse environmental consequences and chose not to do an environmental impact study.

Coughenour made the decision in a federal lawsuit against USDA by the National Wildlife Federation and six of its state affiliates. USDA and the National Wildlife Federation could not come to terms on how to fairly balance the interests of wildlife and livestock producers who could suffer economic harm by not being allowed to hay or graze.

The ruling affects the haying and grazing program created by USDA in May to deal with critical-feed use for livestock. It does not impact any emergency haying or grazing that is allowed in individual states due to various disaster declarations. Those programs are distinctly different and operate under different rules.

"What is most important is that this decision does not involve or interfere with USDA's authority to allow emergency haying and grazing in states such as Iowa, where those most in need of assistance are still recovering from the flooding and excessive rainfall," stated Senate Agriculture Committee Chairman Tom Harkin, D-Iowa, when he heard about the ruling.

USDA officials did not respond to a call seeking comment and had not released a statement as of Thursday afternoon. Secretary of Agriculture Ed Schafer said Wednesday he did not know how the court's decision would end up affecting USDA's ability to change the CRP program, such as allowing early-out without penalties.

Harkin was critical of any decision to open up CRP. He said Thursday if USDA goes ahead and allows an early-out option without penalties, it would be unfair to those producers who have gone ahead and paid back their rental payments and paid the penalty to get out of the program.

Under Coughenour's injunction, any farmer or livestock producer who has already applied for and received approval to turn CRP acres over to haying and grazing prior to the judge's July 8 temporary restraining order may continue to do so. And farmers whose applications were submitted by that date but not yet processed may also be allowed to convert their land into forage ground, subject to Farm Service Agency approval.

When USDA announced the haying and grazing program, officials boasted of the potential of 24 million acres available. However, the total acreage of applications submitted before the July 8 temporary restraining order was about 1.78 million acres. USDA officials had hoped Coughenour would allow haying and grazing on at least 3 million acres.

Coughenour's order states no additional application to hay or graze CRP lands may be accepted by the FSA unless applicants are able to prove they've invested at least $4,500 toward haying or grazing prior to July 8. Potential new applicants must also provide a declaration of their reliance on haying or grazing CRP lands.

The judge did not take into consideration arguments by the American Farm Bureau Federation, National Cattlemen's Beef Association and the National Pork Producers Council that acres should be dispersed across the country and many producers had not considered enrolling by the July 8 court orders because the primary nesting season ended later in their states. Coughenour did not address this issue.

Farmers who received approval before July 8 must cease all haying and grazing by November 10. Any farmers approved after the restraining order was issued are only allowed to continue haying until September 30 and grazing until October 15.

Rental fees paid to farmers for the CRP land will not be reduced, other than a $75 per contract modification fee.

online.dtn.com

Conservation Reserve Program Decision "A Blow to Rural Economies"

Source: Rocky Mountain Farmers Union

Jul 24, 2008 at 5:52 PM

Rocky Mountain Farmers Union President Kent Peppler, a Mead, Colo., farmer, called the decision by a federal judge in Washington State to uphold the restraining order on the USDA "a blow to rural economies." After two weeks of negotiation, the court declared the USDA in violation of the National Environmental Protection Act by issuing Critical Feed Use (CFU) waivers on Conservation Reserve Program (CRP) acreage.

Under the terms of the ruling, no new applications for CRP-598 Critical Feed Use waivers can be accepted. Anyone who applied for and received permission to hay or graze prior to the July 8 restraining order is allowed to proceed, however, and the ruling does not apply to designated disaster areas. The ruling also allows those who had applied for a CFU waiver before the restraining order to continue to pursue their application. The order allows people to petition to hay or graze if they can document that they had invested $4,500 or more for equipment or other costs before the restraining order was issued on July 8.

"This is a disappointing decision for our members," Peppler said. "The restraining order has already impacted producers by closing lands they have accessed in previous times of emergency. Drought conditions are hitting the entire eastern half of the state, and we support the governor's efforts to declare disaster for the counties still not designated. Sadly, family agriculture is not the enemy of conservation. The enemy of conservation and stewardship is drought conditions that farming practices can fight."

Peppler called family farmers and ranchers "land stewards concerned with the long term benefit of their livestock and their land, including wildlife habitat. If a rancher's CRP land is approved for grazing through a waiver, the rancher invests in making water available and putting up fencing to protect lands not included in the waiver. Grazing and haying allowed via the Critical Feed Use plan provides other benefits to the environment by reducing the need for chemicals to control disease, weeds, and destructive pests."

Drought conditions are requiring ranchers to liquidate herds at rates and levels that jeopardize their future as independent ranchers. "We are grateful," Peppler said, "that some of the worst-hit counties are exempt from this restraining order under disaster relief edicts sought by Governor Ritter and approved by USDA. But there are ranchers in other areas being impacted by the drought and they need assistance now."

rmfu.org

Producers Win On Release Of CRP Acres

Source: NPPC

WASHINGTON, D.C., July 25, 2008 – The National Pork Producers Council (NPPC) applauds yesterday’s federal court decision to let the U.S. Department of Agriculture proceed with processing applications from farmers seeking to modify their Conservation Reserve Program (CRP) contracts to allow haying and grazing on noncritical lands, a move that will ease pressure on corn and other commodity crops.

The ruling by the U.S. District Court for the Western District of Washington in Seattle allows livestock producers to utilize acres in the CRP under USDA’s Critical Feed Use (CFU) initiative as long as applications to modify the contacts were submitted before July 8, 2008, the date the court issued a temporary restraining order against the CFU. Under a May 27 directive, farmers who participate in CRP could request to voluntarily modify CRP contracts for critical feed use, such as haying and grazing.

The court did issue an injunction against any applications filed after July 8, with one exception. An application can be approved if farmers can show that they made an investment of at least $4,500 toward haying and grazing equipment or preparation prior to the injunction date and that they relied on the CFU initiative to make the investment.

The court further ordered that for applications approved before July 8 haying and grazing must be completed by Nov. 10, 2008; for applications submitted before but approved after July 8 haying and grazing must be completed by Sept. 30, 2008.

The July 8 restraining order was issued by the court in response to a lawsuit filed by the National Wildlife Federation (NWF) that sought to stop USDA’s CFU initiative. NWF claimed that the initiative would harm wildlife nesting and brood rearing areas. NPPC, along with the American Farm Bureau Federation and National Cattlemen’s Beef Association, submitted a brief in support of USDA’s CFU initiative, pointing out that livestock producers are suffering significant losses because of rising grain prices and that the CFU initiative would ease the pressure on commodity crops.

“We applaud USDA for initiating the CFU” said NPPC President Byran Black, a pork producer from Canal Winchester, Ohio, “and we are pleased with this decision by the court to allow the program to move forward.”

In an initial decision by the district court issued July 18, Judge John C. Coughenour rejected a blanket ban on release of CRP acres, saying to do so “could be devastating to citizens who trusted that their government was acting legally in implementing the Critical Feed Use (CFU) initiative, as well as to the nation and the world economy at large, if the Court issues the injunction.”

“The judge’s statements reaffirm for us just how important CRP acres can and will be to helping meet the need today for additional grain and feed acres,” Black added. “We encourage USDA now also to move forward with a decision to allow the early release of productive CRP acres to fully address this need.”

nppc.org