FOR IMMEDIATE RELEASE
July 24, 2008

Contact
Tom France: (406) 541-6706, france@...
Julie Sibbing: (202) 797-6832 or (703) 403-4676, sibbing@...

Judge issues permanent injunction to stop widespread haying and
grazing on Conservation Reserve Program lands

Court ruling is a victory for wildlife conservation

SEATTLE, WA (July 24) – A U.S. District judge today issued a
permanent injunction against the U.S. Department of Agriculture's
(USDA) program allowing widespread haying and grazing on
Conservation Reserve Program lands. The injunction allows those who
have already applied to the program or who have made farming
decisions based on it to move forward, but forbids opening
additional Conservation Reserve Program lands.
The Honorable John C. Coughenour ruled for the plaintiffs — the
National Wildlife Federation, Indiana Wildlife Federation, South
Dakota Wildlife Federation, Washington Wildlife Federation, Nebraska
Wildlife Federation, Louisiana Wildlife Federation and Kansas
Wildlife Federation – finding that the USDA violated the National
Environmental Policy Act by failing to study the environmental
impacts of its action before implementing the program. The decision
reduces the number of acres open to increased haying grazing from 24
million to less than 2 million.
"USDA tried to turn one of America's most important
conservation programs into a farm subsidy program, putting wildlife
at risk throughout the country," said Tom France, Regional Executive
Director of the National Wildlife Federation's Northern Rockies
Natural Resource Center and lead counsel on the case. "Today's
ruling sends a clear message to USDA that it must follow the law in
reviewing potential harmful impacts to wildlife and habitat before
it makes sweeping decisions."
"Judge Coughenour's opinion guarantees that conservation
remains the top priority and purpose of the Conservation Reserve
Program, while taking into account the financial needs of the
landowners already invested in opening their lands to increased
haying and grazing," said Julie Sibbing, Senior Program Manager for
Agriculture Policy at the National Wildlife Federation. "We hope in
the future USDA will follow the law and conduct a proper
environmental assessment before it implements new policies regarding
Conservation Reserve Program lands."
The Conservation Reserve Program (CRP) is America's largest
private lands conservation program, covering nearly 35 million acres
of land. Farmers enrolled in the program help provide wildlife
habitat, protect wetlands, and keep over 450 million tons of
topsoil, pesticides, herbicides and fertilizer out of rivers every
year. 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 National Wildlife Federation and six affiliate
organizations filed suit against the USDA on June 30, arguing that
the agency failed to look at the environmental impacts of the action
as required under the National Environmental Policy Act. On July 8,
the court issued a temporary restraining to halt the program.
`The USDA wanted to sacrifice decades of progress for small, short
term gains," said Ben Deeble, biologist for the National Wildlife
Federation. "For wildlife like the greater sage-grouse and Columbian
sharp-tailed grouse that are struggling in many places, we have an
obligation to avoid any action that might push them closer to
extinction. For other species like several types of ducks that are
produced in abundance on CRP habitats, we should maintain this
bounty."
The judge ordered the following as part of the injunction:
In recognition of the good faith of those who acted in reliance on
USDA's authority to issue contract modifications related to the
critical feed use program, all those who had applied for contract
modifications prior to the judge's issuance of a temporary
restraining order on July 8th, (1.78 million acres) may proceed to
hay and graze these lands.
No additional applications for the critical feed use program may be
accepted by the Farm Service Agency unless the applicant can make a
showing of having invested at least $4,500 in anticipation of
participating in the program. For these additional applicants, all
haying shall be completed prior to September 15 and all haying shall
be completed by October 15, 2008.
Those who participate in the critical feed use program cannot hay or
graze lands enrolled in CRP again except pursuant to a managed
haying or grazing contract modification that is consistent with
previously established standards for CRP haying and grazing.
The injunction will not affect the carefully balanced, "managed
haying and grazing" or "emergency haying and grazing" already
allowed on CRP lands, which is not opposed by the National Wildlife
Federation.
National Wildlife Federation is America's conservation organization
inspiring Americans to protect wildlife for our children's future.
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