FOR IMMEDIATE RELEASE
July 9, 2008

Contact
Julie Sibbing: (202) 797-6832 or (703) 403-4676, sibbing@...

Judge orders USDA to halt expanded haying and grazing on
Conservation Reserve Program lands

USDA action puts 24 million acres of wildlife habitat at risk

WASHINGTON, DC (July 9) – A U.S. District Judge yesterday issued a
temporary restraining order against the U.S. Department of
Agriculture (USDA), forcing the agency to halt efforts to open 24
million acres of Conservation Reserve Program (CRP) lands to
expanded haying and grazing beyond what current management plans
allow. The restraining order was issued after the National Wildlife
Federation and six of its state affiliates filed a lawsuit against
the USDA, arguing that the agency failed to look at the
environmental impacts of the action as required under the National
Environmental Policy Act (NEPA).
"Conservationists have been working with private landowners and
Congress for more than 20 years to build and maintain a strong
Conservation Reserve Program," said Julie Sibbing, Senior Program
Manager for Agriculture Policy at the National Wildlife
Federation. "In one fell swoop, the USDA attempted to undermine
decades of progress by circumventing the carefully balanced managed
haying and grazing already allowed on these lands."
The Conservation Reserve Program (CRP) is America's largest private
lands conservation program, covering nearly 35 million acres of
land. On May 27, the USDA announced plans to allow landowners
holding CRP contracts to modify their contracts, without reimbursing
taxpayers, allowing haying or grazing on 24 million acres of habitat
this year. The USDA failed to study the environmental impacts of its
action before it began issuing permits to landowners. Federal law,
including the National Environmental Policy Act, requires such a
study each time a federal agency undertakes an important action like
this one that could harm the environment.
Currently, haying and grazing are allowed on CRP lands according to
a management plan that takes into account the needs of wildlife.
According to the National Wildlife Federation, allowing additional
haying or grazing beyond these management provisions on nearly two-
thirds of CRP lands would harm birds like sage-grouse, which in
states like Washington depend heavily on these habitats. Winter
cover would also be destroyed for birds like pheasants and prairie
chickens that live year-around in one place. If the haying or
grazing were done late enough, the grassland would not have enough
time to recover before the nesting season next spring.
"The proposed program could have serious impacts on wildlife such as
the greater sage-grouse and Columbian sharp-tailed grouse, both of
which have been proposed for protection under the Endangered Species
Act," said Ben Deeble, Sage Grouse Coordinator for the National
Wildlife Federation. "All we ask is that the USDA adheres to the
principle of looking before you leap when making decisions that
could harm wildlife."
The case was filed on June 30 in the in the Western U.S. District
Court in Seattle. Joining the National Wildlife Federation on the
suit are the Indiana Wildlife Federation, South Dakota Wildlife
Federation, Washington Wildlife Federation, Arkansas Wildlife
Federation, Louisiana Wildlife Federation and Kansas Wildlife
Federation. A hearing on the full merits of the case will be held
next Thursday, July 17. Until then, the USDA cannot issue any
additional permits and has been ordered to contact landowners who
have already received permits and notify them of the restraining
order.
"Unfortunately for landowners, the USDA made a promise it was not
legally allowed to make," said Sibbing. "As in the past, we will
continue to work with landowners to maximize the benefits of the CRP
program for both people and wildlife."
Yesterday's order does not impact the emergency release of CRP acres
in response to drought and flood.
"As this case is being decided, we have heard that the USDA is also
considering plans to offer penalty free releases of Conservation
Reserve Program acres to landowners to plant more grain crops," said
Sibbing. "The National Wildlife Federation opposes early releases of
CRP land without reimbursement of the taxpayer funds invested in
them. This restraining order sends a strong message to USDA that
moving forward with such an effort without conducting a proper
environmental impact statement is ill-advised."
National Wildlife Federation is America's conservation organization
inspiring Americans to protect wildlife for our children's future.