Judge Orders USDA to Halt Opening CRP Lands to Grazing, Haying

Grazing to Be Allowed in Flooded Counties

Judge John Coughenour of the Western District of Washington Federal Court in Seattle issued a temporary restraining order July 8 against USDA, forcing the agency to halt efforts to open 24 million acres of CRP lands to expanded haying and grazing beyond what current guidelines allow.

The proposal would have allowed CRP acres to be opened up with payment of a $75 fee but no reduction in the rental rate paid by the taxpayer. Haying and grazing would have to wait until birds’ nesting season was over in each state, though controversy has arisen over whether the dates chosen by USDA are actually the correct dates. The case involved only expanded haying and grazing, not managed haying and grazing that is part of an underlying CRP contract and not emergency haying and grazing in cases of drought or flooding.

The restraining order was issued after the National Wildlife Federation and six of its state affiliates filed a lawsuit against USDA, arguing that the agency failed to look at the environmental impacts of the action as required under the National Environmental Policy Act (NEPA).

Arguments were scheduled to be heard in court Thursday, and USDA had indicated that it intended to fight the case rather than do the required environmental analysis. If USDA decides to allow penalty-free early outs for CRP, there is a high probability they will be sued again on the same grounds — the absence of a NEPA review.

CRP Land Opened
in Flooded Areas
In a separate move, USDA announced that it will open CRP acres for livestock grazing in counties recently designated as Presidential Disaster Areas because of flooding. The release permits grazing only in counties designated as primary and contiguous disaster areas and only because of flooding. To be approved, CRP participants must write their county Farm Service Agency office, obtain a modified conservation plan and receive FSA county office approval before beginning to graze. CRP rental payments of participants will be reduced by 25 percent.

The states with counties that will permit livestock grazing include Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Minnesota, Missouri, Nebraska, Ohio, Pennsylvania, South Dakota, Virginia, West Virginia and Wisconsin.

Source: Sustainable Agriculture Coalition