FSA stops CRP "critical feed use"

TSCRA Daily News Update, July 11, 2008

FSA stops CRP "critical feed use"

Yesterday morning, July 9, the USDA Farm Service Agency (FSA) 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 is citing the lack of 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.

Should the court grant their complaint, an injunction would be issued against USDA. This would make the Order CRP-598, releasing the ground for usage, null and void until USDA complied with the regulations within NEPA and USDA.

Many producers have already made changes to their CRP contracts and were preparing their land for either haying or grazing.

NCBA,while not completely satisfied with the original order due to a lack of payment reductions, will continue to monitor this litigation.