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Judge Orders USDA to Halt Expanded Haying and Grazing on Conservation Reserve Program Lands
Wednesday, July 9, 2008(National Wildlife Federation)
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 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."