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Judge announces ruling on CRP acresBy Jennifer M. Latzke U.S. District Court Judge John C. Coughenour handed down his final ruling in the matter of the Critical Feed Use provision of Conservation Reserve Program acres July 24. Coughenour ruled that there will be no acreage cap on the Critical Feed Use provision. Any haying of CRP acres under the Critical Feed Use provision must be completed by Sept. 30, and grazing must be done by Oct. 15. The original end date for use of CRP ground under the Critical Feed Use Provision was set for Nov. 10. Rod Winkler, a specialist with the Kansas State Farm Service Agency, explained that his office had just received the ruling and were still looking at its ramifications for Kansas ranchers July 24. He did say that it appeared the temporary restraining order on haying and grazing was partially lifted for the provision, following the July 24 ruling. "We're still looking into it, but it appears that those people who filed applications and were approved prior to the execution of the temporary restraining order on July 8 will be able to proceed as regulations provided for in the original notice," Winkler said. "Except then any activity would then apply toward any future frequency of grazing and haying those acres. Those who applied but were not approved as of July 8 may be approved, but they will end with the Sept. 30 and Oct. 15 ending dates." Essentially, this means that those who filed applications and were approved by July 8 may proceed with their haying and grazing plans, with the original ending date, Nov. 10, still in place. Those whose applications weren't approved by July 8 will have to abide by the new ending dates as handed down in the ruling. However, those who have yet to file applications for the Critical Feed Use provision, are still in limbo until provisions in the judge's ruling can be turned into policy issued through USDA, Winkler said. "It's positive in that those producers who made applications can proceed," Winkler said. "It's negative in that those who haven't applied yet still have to wait. We don't know what those provisions are, or the requirements that they'll have to meet. We're speculating at this time." The U.S. Department of Agriculture and the National Wildlife Federation presented their compromise plan July 22. The Critical Feed Use provision was implemented by the U.S. Department of Agriculture May 27, with the sole purpose of alleviating some of the financial distress of ranchers faced with weather issues and high feed prices. Two other "emergency" grazing provisions--regarding haying and grazing in federally declared flood and drought disaster areas--are not covered under this order. The NWF and its affiliates, Indiana Wildlife Federation, South Dakota Wildlife Federation, Washington Wildlife Federation, Arkansas Wildlife Federation, Louisiana Wildlife Federation, and the Kansas Wildlife Affiliation, argued the USDA should have completed an environmental assessment, in compliance with NEPA, before implementing the program on the proposed 24 million acres. They filed for an injunction July 1, with Judge Coughenour implementing a temporary restraining order July 8. Jennifer M. Latzke can be reached by phone at 620-227-1807, or by e-mail at jlatzke@hpj.com. For updated information, please visit www.hpj.com. 8/4/08 Date: 7/30/08 Advertisement
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