Temporary Restraining Order on CRP Lifted, Compromise Needed

By Sarah Young Livestock Editor
Thursday, July 24, 2008 12:13 PM CDT

Good news for livestock producers planning to use CRP for grazing and haying this season under the critical feed use initiative. The temporary restraining order issued earlier this month has been lifted.

The decision was based largely on a brief filed by American Farm Bureau Federation, National Pork Producers Council, and National Cattlemen’s Beef Association in response to the National Wildlife Federation’s (NWF) lawsuit regarding the USDA’s CFU initiative.

The brief, pointed out the significant losses livestock producers are suffering due to recent spike in grain prices and the need to rely on the CFU initiative to avoid suffering irreparable harm to their business and possible loss of their farms from a lack of feed.

The groups filed the brief because thousands of producers had planned on and relied on the use of the CRP land for feed this year.

“Farm Bureau is extremely concerned about the severe economic hardship this injunction imposes on farmers and ranchers,” said American Farm Bureau Federation President Bob Stallman.

“More than 4,000 livestock producers relied on USDA’s announcement about the new program and have already begun using their precious financial resources to prepare the land for haying and grazing. It’s important for the court to hear from farmers and ranchers about the harmful effects of this injunction, both since July 8 when the injunction was issued and going forward,” said Stallman.

The brief summarized the stories of more than 25 farmers and ranchers who have moved cattle, dug wells, erected fences and hired labor to utilize the temporary grazing and haying opportunities provided by the critical feed use program.

Describing the program as “a short term step that was carefully tailored to protect the environment and producers,” Stallman noted it would provide some relief for livestock producers by reducing record-high feed costs.

In declining to extend the injunction, Judge Coughenour stated, “There are substantial competing hardships, whose impact could be devastating to citizens who trusted that their government was acting legally in implementing the Critical Feed Use initiative, as well as to the nation and the world economy at large, if the Court issues the injunction that Plaintiffs urge.”

Instead, he ordered the NWF and USDA to come up with a compromise plan designed to mitigate the hardships of livestock producers by July 22 and suggesting that at least 2.5 million acres of CRP land be released for haying and grazing.

On July 9, the USDA Farm Service Agency issued a stop order to all state offices prohibiting the consideration of any changes to current Conservation Reserve Program (CRP) contracts and the ceasing any current haying or grazing on CRP ground that was released due to a May 27 order from USDA.

This stop order is the result of a “temporary restraining order” filed and won by the National Wildlife Federation (NWF) as a part of their ongoing legal actions against USDA.

On June 27, the NWF, in association with several of their affiliates, filed a “Complaint for Declaratory and Injunctive Relief” against USDA. This complaint was followed by the filing of a “Temporary Restraining Order,” on July 8, against the filing of CRP contract changes. NWF filed their complaint after the Secretary of Agriculture Ed Schafer announced the release of 24 million acres of CRP ground for “critical feed use.”

NWF cited the lack compliance with regulations under both the National Environmental Policy Act (NEPA) and USDA, particularly a lack of environmental assessment and public comment before the land was released as the reasoning for their lawsuit.

According to USDA estimates, the CFU initiative will generate around 18 million tons of hay, worth approximately $1.2 billion. This additional hay would free up large quantities of other commodities currently in short supply and lower input prices for livestock producers everywhere, regardless of their participation in the initiative.

NPPC board member Doug Wolf, who raises both hogs and cattle on his 1,300 acre farm in Lancaster, said, “This is a significant victory for pork producers who face not only losses as a result of volatility on grain markets, but tremendous uncertainty over securing adequate supplies of feed. The court’s decision to allow this land to be hayed and grazed could free up an estimated 105 million bushels of corn, or a 10 to 15 percent increase in carry over stocks of grain, providing the certainty producers need to continue operating.”

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