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Judge extends restraining order on CRP acres

By Jennifer M. Latzke

A Seattle U.S. District Court judge handed down a preliminary ruling in the matter of the National Wildlife Federation’s challenge of the use of Conservation Reserve Program acres under the Critical Feed Use provision, July 17.

After hearing the arguments from both sides, Judge John C. Coughenour preliminarily ruled that the plaintiffs, the NWF and its affiliates, have demonstrated a “strong likelihood that they will succeed on their claim that the Farm Service Agency (FSA) violated the National Environmental Policy Act (NEPA), in that it acted arbitrarily and capriciously and not in accordance with law.”

As such, Judge Coughenour ordered both parties to meet and agree on a modified preliminary injunction that takes into account all of the relevant hardships, and report to the court Tuesday, July 22.

Until then, a temporary restraining order currently in place will remain until the Court issues the modified preliminary injunction.

Associated Press reports from Seattle state that Coughenour gave both sides options of a compromise, including limiting the acres eligible for haying and grazing to no more than 2.5 million nationally, forbidding further use of the program without first conducting an environmental review, and prohibiting use of the program on lands that have already been recently hayed or grazed.

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 argue that the USDA should have completed an environmental assessment before implementing the program on 24 million acres.

AP reports from the courtroom detail how Judge Coughenour told lawyers for the USDA that the agency’s own regulations called for better analysis than what was provided to the public. He called the analysis “a joke” and described the agency’s actions as “breathtaking.”

In a response to the haste needed in a final decision on this case, as he ordered the compromise in place before the haying and grazing season ends.

Jennifer M. Latzke can be reached by phone at 620-227-1807, or by e-mail at jlatzke@hpj.com.


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Comments on Articles article 2008- 30 - Judgeextends.cfm
Reader Comments
Willdean — 07/22/2008 04:07:00
I suppose the groups initiating this action are aware that their support from farmers who are currently supporting wildlife conservation, will come up with empty pockets from now on. Many of us have devoted acerage not only via CRP, but unpaid set aside areas for wildlife. I understand that the conditions in the 10 states are different, but, the need is there. The grazing by livestock will certainly be more "natural and less intrusive than the machines we will have to shread that area with later in the summer. The next time one of them wants a steak on the plate, tell them it starved to death and the wildlife that might still be there is not huntable.

Reader Comments
Bufalo Gall — 07/20/2008 03:07:39

A judge in Seattle gets in bed with the National Wildlife Federation to block emergency CRP grazing--- at a moment's notice. Of course, Judge Counghenour and the NWF weren't out there mending the fences and fixing the windmills, and they hadn't turned any cattle in yet, so it won't hurt their bottom line. The pinch will instead be felt by the farmers and ranchers who did the right thing and put their marginal farm land in the Conservation Reserve Program, than planned to do emergency grazing this year when it was offered as an alternative.
Since all the wildlife/conservation folks in my area of the country seemed to think this grazing was a good idea for all concerned, the restraining order is truly mystifying. Alll I can think is that this is just another little skirmish in the Bush vs. conservationists war. As usual in war, the policy makers aren't the ones who pay. It's the soldier in the field. In my case, I'll have to do the grazing another year anyway in order to comply with my conservation plan. Needless to say, I plan to forgo any future donations to the National Wildlife Federation and their affiliates. The worst of it is that this is a real disincentive for farmers and ranchers to continue in CRP when we are dealt such back handed, late-in-the-game blows by people who live in cities and have no clue. Perhaps the Wildlife Federation is really more interested in justifying their own existence than in the well-being of the land and the people.

Reader Comments
Farmer Brown — 07/17/2008 10:07:45
What does the judge think the land was before CRP? It was land that was farmed and tilled and planted and replanted over the years. Why must an expensive Environmental Assessment need to be done to declare land to be cropped as it has been over the years? He may think it is a joke but being able to manage your land and crop it as needed isn't a joke to the farmers.

Of course it will work out because there won't be near as much CRP affected as the environmental groups are acting like it will be. Most people won't put up with the expense needed to hay or graze CRP. Only those most in need will even attempt it.

Article: Judge extends restraining order on CRP acres

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