Insight
John Schlageck
Saturday, August 9, 2008
Like the cavalry sweeping out of an old black and white movie, Farm Bureau and two other agricultural groups rode to the rescue of livestock producers across this wide country of ours.
Yep, the good guys won this one. The guys in white Stetson hats beat back those wearing headbands, crushable cotton and do rags.
The victory was secured for America’s farmers when a federal judge in Seattle ruled to conditionally allow haying and grazing on Conservation Reserve Program acreage. Those provisions were part of the Critical Feed Use program announced in May by the Agriculture Department.
The judge issued a narrow permanent injunction to allow those producers with approved CRP contracts to continue operations through the program’s original Nov. 10 deadline. Farmers and ranchers who sent applications but have not received approvals will have their applications processed. If approved, those producers may hay until Sept. 30 or graze until Oct. 15.
The critical feed-use program was designed to give eligible farmers and ranchers permission for a special one-time hay and forage use. CRP acreage was to be released only after the primary nesting season ends for grass-nesting birds.
This program was developed with the goal of providing relief for livestock producers by reducing record-high feed costs. According to USDA estimates, the initiative would generate approximately 18 million tons of hay, worth approximately $1.2 billion. The critical feed-use initiative is not related to emergency use of CRP land.
Farmers and ranchers who have not yet sent applications may do so provided they submit in their application a statement explaining their reliance on the CFU program. The reliance statement should indicate whether the producer made investments or preparations of $4,500 or more and provide documentation. If the contract is approved, those producers also will be able to hay until Sept. 30 or graze until Oct. 15.
For those who missed the movie, here’s how the battle unfolded.
Critical summertime Kansas haying and grazing schedules were thrown into turmoil after judicial wrangling essentially stopped farmers and ranchers from cutting and baling hay or allowing livestock to graze on land enrolled in the Conservation Reserve Program. The temporary restraining order was issued in mid-July.
The National Wildlife Federation provided the fly in the ointment. NWF contended the USDA failed to comply with federal environmental laws in authorizing the critical feed use program. In case you don’t know, NWF represents that bastion of “overseers” who look after prairie dogs, spotted owls, snail darters and many of the other creatures that inhabit our trees and grasslands. Acknowledging what he called “substantial competing hardships,” the Seattle-based judge in this case, who grew up on a Kansas farm, indicated the impact could be devastating to farmers and ranchers, who trusted the USDA knew what it was doing when it allowed the haying and grazing of CRP acreage.
There’s no doubt documentation of the good faith efforts and investments taken by farmers and ranchers to participate in a program, which was announced in May, weighed heavily in the judge’s deliberations.
This reversal was critical for farmers and ranchers because many had already spent plenty of money preparing to either graze cattle or to hay the land. They need this extra forage because feed input prices are so high.
The ruling really did establish some important precedents for farmers and ranchers because usually in this court when the National Wildlife Federation or any environmental group wants to challenge a rule they will seek an immediate injunction. And they usually get it.
Hopefully this will be a sign of things to come and farmers and ranchers will have their say when they face similar challenges.
John Schlageck is a leading commentator on agriculture and rural Kansas . Born and raised on a diversified farm in northwestern Kansas , his writing reflects a lifetime of experience, knowledge and passion.