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| July 25, 2008 Final Order Announced In CRP Critical Feed Use Lawsuit |
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Thornberry Says Grandfathering Applicants Who Relied On USDA Right Result Washington, DC – Congressman Mac Thornberry today provided the following comments on the United States District Court for the Western District of Washington’s Order entering a permanent injunction affecting the U.S. Department of Agriculture’s (USDA) management of the Conservation Reserve Program’s Critical Feed Use initiative. “The Judge found that the USDA violated the National Environmental Policy Act (NEPA) when they decided, on the basis of their ‘Environmental Evaluation,’ that the Critical Feed Use initiative would have no significant adverse environmental consequences, and accordingly concluded that a more stringent Environmental Assessment or Environmental Impact Statement was not necessary,” said Thornberry. “Fortunately for the many landowners and ranchers who relied on the USDA’s actions, the Judge also ‘grandfathered in’ their participation in the program.” According to the Permanent Injunction, applicants for the Critical Feed Use initiative (CFU) who had applied and been approved for participation on or before entry of the initial temporary restraining order (TRO) on July 8, 2008, are grandfathered and may participate in the CFU as the program was announced, with the originally stated November 10 ending date for haying and grazing. Applicants who had applied but not been approved before entry of the initial TRO, and who have been or will be approved subsequently for participation in the CFU, will be permitted to participate but must end haying activity by September 30 and grazing activity by October 15. Anyone who applies to participate in the CFU and can demonstrate detrimental reliance, by having expended $4,500 or more, may be approved for and participate in the CFU but also must end haying activity by September 30 and grazing activity by October 15. There will be no reduction in CRP rental payments for those participating in the CFU. The clock for managed haying and grazing will be restarted for any participant who hays or grazes under the CFU. “Naturally, I would have liked to see the injunction lifted entirely, because I continue to believe that individual property owners are the best stewards of the land,” concluded Congressman Thornberry. “But given the circumstances, preserving the contracts of those individuals who honestly relied on the USDA’s actions is probably the best result that could be obtained.”
To review or download the Order Entering Permanent Injunction in PDF format click here or go to |
