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To the rescue

By John Schlageck

Kansas Farm Bureau

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 U.S. Department of Agriculture.

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.

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 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.

9/1/08
6 Star Midwest Ag\4-B

Date: 8/27/08


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