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Judge postpones ruling on CRPBy Jennifer M. Latzke The July 22 U.S. District Court hearing regarding the Critical Feed Use of Conservation Reserve Program acres did not result in a final decision by Judge John C. Coughenour. Ranchers will have to wait two more days for a final ruling. U.S. Department of Agriculture and National Wildlife Federation lawyers presented their compromise plan, which they submitted for Judge Coughenour’s approval, by the noon deadline July 22. The judge, however, postponed his ruling until July 24, at 9 a.m. He also extended the temporary restraining order until 10 a.m. that same morning. After hearing the arguments from both sides July 17, Judge John C. Coughenour had 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 violated the National Environmental Policy Act, 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 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 July 17 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. 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, he ordered the compromise in place before the haying and grazing season ends. 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, with its affiliates, Indiana Wildlife Federation, South Dakota Wildlife Federation, Washington Wildlife Federation, Arkansas Wildlife Federation, Louisiana Wildlife Federation, and the Kansas Wildlife Affiliation, argue the USDA should have completed an environmental assessment, in compliance with NEPA, before implementing the program on 24 million acres. They filed for an injunction July 8, with Judge Coughenour implementing a temporary restraining order at that time. Jennifer M. Latzke can be reached by phone at 620-227-1807, or by e-mail at jlatzke@hpj.com. Date: 7/23/08
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