Tuesday May 31 Ag News + Crop Progress NE IA US

NEBRASKA CROP PROGRESS AND CONDITION

For the week ending May 29, 2016, numerous rain events limited planting activities and made hay harvest difficult, according to the USDA’s National Agricultural Statistics Service. Accumulations of an inch were common, with rainfall totals of three inches or more recorded across the southeast. Temperatures averaged two to four degrees above normal in the east, but near normal west. Crusting of soils was reported with some producers running pivots to help their crops emerge. There were 3.1 days suitable for fieldwork. Topsoil moisture supplies rated 0 percent very short, 2 short, 78 adequate, and 20 surplus. Subsoil moisture supplies rated 0 percent very short, 2 short, 84 adequate, and 14 surplus.

Field Crops Report:
Corn condition rated 0 percent very poor, 2 poor, 26 fair, 62 good, and 10 excellent. Corn planted was 96 percent, near 93 last year and the five-year average of 97. Emerged was 78 percent, near 80 last year and 82 average.

Sorghum planted was 55 percent, near 53 last year and 59 average. Emerged was 20 percent, behind 25 last year, but near 23 average.

Soybeans planted was 73 percent, near 70 last year, but behind 82 average. Emerged was 36 percent, equal to last year, but behind 49 average.

Winter wheat condition rated 1 percent very poor, 5 poor, 29 fair, 54 good, and 11 excellent. Winter wheat jointed was 98 percent, near 95 last year, but ahead of 92 average. Headed was 72 percent, ahead of 60 last year, but well ahead of 50 average. Coloring was 1 percent.

Oats condition rated 0 percent very poor, 1 poor, 21 fair, 72 good, and 6 excellent. Oats emerged was 95 percent, near 99 last year and 96 average. Jointed was 56 percent, near 59 last year. Headed was 22 percent, near 18 last year and 19 average.

Alfalfa condition rated 0 percent very poor, 1 poor, 11 fair, 72 good, and 16 excellent. Alfalfa first cutting was 31 percent, ahead of 19 last year, but near 27 average.

Livestock, Pasture and Range Report:
Pasture and range conditions rated 0 percent very poor, 0 poor, 12 fair, 71 good, and 17 excellent.  Stock water supplies rated 0 percent very short, 1 short, 91 adequate, and 8 surplus.



IOWA CROP PROGRESS & CONDITION

Rain showers hindered fieldwork in Iowa during the week ending May 29, 2016, according to the USDA, National Agricultural Statistics Service. Statewide there were 3.0 days suitable for fieldwork. Standing water was reported in some fields. Field activities included planting and replanting.

Topsoil moisture levels rated 0 percent very short, 3 percent short, 82 percent adequate and 15 percent surplus. Subsoil moisture levels rated 0 percent very short, 3 percent short, 81 percent adequate and 16 percent surplus. The western third of Iowa continues to have the highest percentage of surplus subsoil.

Virtually all of Iowa’s corn crop has been planted. Corn emerged reached 90 percent, 2 days ahead of last year and 5 days ahead of normal. Seventy-seven percent of the corn crop was rated in good to excellent condition.

Soybean planting reached 88 percent complete, 9 days ahead of last year, and 10 days ahead of normal. Soybean emergence reached 55 percent, 3 days ahead of both last year and normal.

Oats headed reached 24 percent this week, 9 days ahead of last year and one week ahead of the 5-year average. Oat condition rated 82 percent good to excellent.

Although frequent rains slowed progress, the first cutting of alfalfa hay was 35 percent complete, 6 days ahead of last year and 5 days ahead of the 5-year average. Both hay and pasture conditions rated 78 percent good to excellent. Livestock conditions were described as good with very little stress.



IOWA PRELIMINARY WEATHER SUMMARY
Provided by Harry J. Hillaker, State Climatologist
Iowa Department of Agriculture & Land Stewardship

It was a warm and wet week across Iowa. Showers and thunderstorms were a daily occurrence across Iowa with the most widespread rain falling on Wednesday and Friday nights. Rain totals were highly variable but once again were generally greatest in western portions of the state with weekly amounts ranging from 0.40 inches at Maquoketa to 6.06 inches at Atlantic. The statewide average precipitation was 1.78 inches while normal for the week is 1.05 inches. Severe thunderstorms occurred somewhere in Iowa on each day of the reporting week except Friday. The most widespread severe weather, mostly coming as high winds, occurred late Wednesday into Thursday morning with reports received from 19 counties over central and northern Iowa. Temperatures were well above seasonal normals every day of the week with daytime highs mostly in the eighties. Temperature extremes for the week varied from a Tuesday (24th) afternoon high of 88 degrees at Davenport to a Sunday (29th) morning low of 50 degrees at Mount Ayr. Temperatures for the week as a whole averaged 6.5 degrees above normal with eastern Iowa generally a little warmer than the west. Soil temperatures climbed substantially in response to the persistent warm weather and were mostly averaging in the upper sixties over the north and lower seventies across the south.



USDA Weekly Crop Progress

Despite rain and severe storms in parts of the Midwest during the week ended May 29, corn emergence and soybean planting rolled right along, according to USDA's latest Crop Progress report.

Corn is 94% planted and 78% emerged, compared to 86% and 60% last week, 94% and 81% last year and a five-year average of 92% and 75%.  USDA said that 72% of the corn crop was rated good to excellent.

Soybeans were 73% planted, compared to 56% last week, 68% last year and a 66% average. Soybean emergence is estimated at 45%, compared to 22% last week, 44% last year and a 40% five-year average.

Winter wheat is 84% headed, compared to 75% last week, 82% last year and 76% on average. Winter wheat condition improved slightly to 63% good to excellent, compared to 62% last week.

Spring wheat is 88% emerged, compared with 78% last week, 88% last year, and a 66% average.

Cotton is 59% planted, compared to 46% last week, 57% last year and a 69% average. Cotton squaring is at 5%, compared to 2% last year and a 5% average. Rice is 98% planted and 87% emerged, compared to 93% and 83% last week, 95% and 88% last year, and 96% and 85% on average. Rice condition declined slightly to 66% good to excellent, compared to 67% last week.

Sorghum is 44% planted compared to 37% last week, 42% last year and a 51% average. Oats are 95% emerged, compared to 90% last week, 94% last year and 86% on average. Oats are 30% headed, compared to 25% last week, 29% last year and a 32% average. Oats condition held steady at 73% good to excellent.

Barley is 97% planted and 88% emerged, compared to 94% and 80% last week, 100% and 92% last year, and 88% and 69% averages. Barley condition improved slightly to 77% good to excellent, compared to 76% last week.

==========================

USDA SEEKS FEEDBACK FROM GROWERS ABOUT 2016 CROPS, STOCKS, INVENTORIES, VALUES

During the next several weeks, U.S. Department of Agriculture’s National Agricultural Statistics Service (NASS) will conduct its major mid-year survey, the June Agricultural Survey. The agency will survey nearly 4,800 operators across Nebraska to determine crop production and supplies levels in 2016.

“Due to the widespread and significant impact of their results, the June Agricultural Survey is one of the most important and well-known surveys NASS conducts,” explained Dean Groskurth, director of the NASS Northern Plains Field Office. “When growers respond to these June Agricultural Survey, they provide essential information that helps us determine the prospective production and supply of major commodities in the United States for the 2016 crop year. Everyone who relies on agriculture for their livelihoods is interested in the results.”

NASS gathers the data for the June Agriculture Survey online, by mail, phone and in-person interview. Also, agency representatives visit randomly selected tracts of land and interview the operators of any farm or ranch on that land. Growers provide information on crop acreage, grain stocks, livestock inventory, cash rents, land values, and value of sales.

NASS will compile and analyze the survey information and publish the results in a series of USDA reports, including the annual Acreage report and quarterly Grain Stocks report, both to be released June 30, 2016. Survey data contribute to NASS’s monthly and annual Crop Production reports, as well as the annual Small Grains Summary and USDA’s monthly World Agricultural Supply and Demand Estimates.

“NASS safeguards the privacy of all responses and publishes only state- and national-level data, ensuring that no individual operation or producer can be identified,” stated Groskurth. “We recognize this is a hectic time for farmers and ranchers, but the information they provide helps U.S. agriculture remain viable. I urge them to respond to these surveys and thank them in advance for their cooperation,” said Dean Groskurth.



EXTENSION EDUCATOR OFFERS TIPS ON HANDLING CATTLE IN HOT WEATHER

    As summer approaches, it's important for cattle producers to make plans to help reduce stress on cattle during hot weather, according to Nebraska Extension educator Rob Eirich, who directs the Nebraska Beef Quality Assurance program.

    Cattle producers can determine the risk in cattle handling by referring to the Temperature Humidity Index, or heat index.

    "It’s important to understand the relationship between temperature and humidity," Eirich said. "Cattlemen need to be aware of the risk based on weather forecasts of heat stress."

    Additional guidelines to consider during summer hot spells:

    > Handling cattle early in the morning before temperatures get too high is recommended. Plan to handle cattle before 8 a.m. and never during daylight hours after 10 a.m. The animal's core temperature peaks about two hours after the environmental temperature peaks, and takes four to six hours to return to normal. Handling cattle in the early morning and evening will reduce the risk of heat stress.

    > When processing cattle during high-heat seasons, work cattle in smaller groups so they are not standing in holding areas much longer than 30 minutes. Cattle producers should consider facilities that are shaded and have good airflow to help reduce the heat. A sprinkler system may help cool the area, if the water droplet size is large. Never overcrowd working facilities. Work cattle slowly and use low-stress handling techniques. Processing cattle in any temperature elevates the animal's core temperature.

    > Cattle should be moved only short distances during hot weather. Strategic planning on pen movements can help reduce unnecessary movements and potential heat stress. Moving heavier cattle closer to loading facilities throughout the feeding period can help minimize heat effects. 

    > When planning or improving cattle handling and feeding facilities, cattle producers should consider airflow, shade and sprinkler systems for cooling livestock.

    Additional resources can be found at http://go.unl.edu/feedlotheatstress.

    For more information about Nebraska Beef Quality Assurance or to get BQA certification, contact Eirich at 308-632-1230.



UNL Precision Ag Leads Group Studying Multi-Hybrid Planter Applications in Corn and Soybeans Joe Luck - Extension Precision Agriculture Engineer

Announcements of emerging agricultural technologies occur more frequently with each growing season. For most producers, the biggest question about these advanced systems is “How will an investment or upgrade pay off in my operation.”

Members of the multi-disciplinary UNL Precision Ag Research and Extension team are working with local and regional industry groups and, most importantly, cooperating producers to examine how one new technology—the multi-hybrid planter—might benefit producers in the future.

Multi-hybrid planters generally can plant two seed varieties housed in separate bulk tanks on the planter. However, the potential for these systems extends well beyond simply planting two seed varieties; their ability to also manage different seed treatments is often overlooked. These systems can be thought of as “multi-product” or “multi-treatment” planters.

Work on this project began in mid-2015 after a meeting at Oklahoma State University among university and industry specialists who were trying to determine future research needs for planting technologies. The group had a great discussion with industry professionals who were committed to creating collaborative projects to get better information out to potential technology adopters.

With support from Nebraska Extension, Rachel Stevens, a graduate student in mechanized systems management, was hired to design and carry out field studies that would address placement of hybrid seed with varying traits to deal with moisture stress as well as soybean seed treatment for Sudden Death Syndrome.

This project is allowing researchers to get to the heart of producers’ questions about this technology:
-    How do we determine zones?
-    What spatial data layers do we need and across how many years?
-    How do we evaluate the success of management decisions and continue to refine and improve these zones and decisions?

The UNL team is eager to see how these results might positively influence producers’ management decisions.

The project is being conducted in cooperation with local producers and has received broad support from industry including Kinze Manufacturing, DuPont Pioneer, and Bayer Crop Science. Within UNL, researchers Richard Ferguson (Agronomy), Loren Giesler (Plant Pathology), and Santosh Pitla (Biological Systems Engineering) and extension educators Keith Glewen, Nathan Mueller, and Laura Thompson are collaborating on the project.

Despite the rains, five corn and two soybean fields have been planted so far this year with one more soybean field to go. Sites include dryland and irrigated cropping systems. While more than one year of data is needed to study this technology, the project team believes that preliminary data from this initial year will help build capacity for future studies.

Results from the field sites will be distributed through Nebraska Extension.



NDA ANNOUNCES POULTRY CALENDAR PHOTO CONTEST FOR 4-H, FFA MEMBERS

Are you a 4-H or FFA member with a passion for poultry? Then the Nebraska Department of Agriculture’s (NDA’s) Poultry Calendar Photo Contest is for you. The contest, open to Nebraska 4-H and FFA members, highlights the state’s diverse poultry population and raises awareness of biosecurity measures for poultry owners.

“Nebraska ranks 10th nationally in egg production, which makes poultry an important part of the state’s agriculture economy,” said NDA Director Greg Ibach. “This contest gives students who are already connected to agriculture and poultry through 4-H and FFA the chance to share their talent and passion with others.”

The deadline for entering NDA’s Poultry Calendar Photo Contest is July 15, 2016. Winners will be announced during the Nebraska State Fair in Grand Island. The photos will be featured in the 2017 NDA Poultry Biosecurity Calendar which will also include information on biosecurity measures owners can take to keep their flocks healthy and prevent the spread of diseases like avian influenza.

NDA staff members will judge the photo contest entries based on originality, composition and photographic skills. Contest rules and official entry forms are available online at www.nda.nebraska.gov.

Printing of the 2017 NDA Poultry Calendar is funded through a grant from the USDA Animal and Plant Health Inspection Service, Veterinary Service, Western Region. Calendars will be available at local University of Nebraska Extension offices.



RAIN, RAIN, GO AWAY
Bruce Anderson, NE Extension Forage Specialist

               Rain, rain, go away.  Come again another day.  Nebraska growers need to cut hay.

               Mid- to late May is when many alfalfa growers would like to take their first cutting of alfalfa.  But not this year!  Nearly every day for the last two weeks, harvest has been prevented due to rain, and sometimes overly abundant amounts of rain.

               So what can you do about it?  I wish I had a good answer.  Well, actually I do have a good answer – wait for dry weather.  What I really wish I had was a better answer, one that could overcome this daily moisture and bring us some extended sunshine.

               We have options when the hay is already cut and we need to beat some rainy weather.  Chopping haylage, baling with preservatives, and wrapping bales in plastic are three ways we avoid rain interference –  as long as we prepare in advance to be able to use these options.

               But when rain prevents us from even cutting the hay, all that can be done is wait.  Well, maybe that isn’t the only thing to do.  While waiting for the rain to stop and sun to shine, checking to see that all haying equipment is ready to go full speed might be wise.  Installing preservative applicators or arranging for choppers or bale wrappers might prevent future problems if rains return too soon after cutting.  And, like it or not, figuring out how to use or market this grinding hay or stock cow hay may put you one step ahead of the crowd.

               Also look ahead to next cutting, and even to the one after that.  All this rain is likely to encourage good alfalfa regrowth, along with some annual weeds.  Timely herbicide applications may preserve the quality of future cuttings.

               It’s frustrating when field work is delayed by rain.  Don’t waste too much time complaining, there’s other useful work to do.



10 U.S. farmers to visit domestic, international soy markets and evaluate the soy checkoff firsthand

Ten U.S. soybean farmers from soybean-growing states across the nation will take part in an educational program this summer with stops in St. Louis, Panama and Costa Rica as part of the United Soybean Board’s (USB) See for Yourself program.

“There’s no better way to show someone the value of their checkoff investment than to show them the results firsthand,” says Keith Tapp, a soybean farmer from Sebree, Kentucky, and chair of USB’s Audit and Evaluation Committee, which sponsors See for Yourself. “It’s important for U.S. soybean farmers to see customers around the world who rely on their hard work to grow the best soybeans in the world.”

From Aug. 4-12, the following farmers will get the opportunity to see how the soy checkoff increases demand for their soybeans:
    Ashley Babl (Albion, Nebraska)
    Samuel Showalter (Hampton, Iowa)
    Dick Werner (Herried, South Dakota)
    Luke Crawford (Arenzville, Illinois)
    Adam Hendricks (Auburn, Kentucky)
    Jason McCord (Columbia, Tennessee)
    Greg McGlinch (Versailles, Ohio)
    Jennifer Polterman (Genoa City, Wisconsin)
    Joseph Stoller (Bremen, Indiana)
    Russell Wolf (Tipton, Missouri)

The See for Yourself program gives participants a firsthand look at how and where their soybeans are being used both domestically and internationally. It also offers farmer-participants an opportunity to evaluate specific, checkoff-funded research and promotional activities. This year’s program includes a tour of the Panama Canal, where work continues to expand the waterway used to ship almost half of all U.S. soy exports. In Costa Rica, participants will learn about one of U.S. soy’s biggest oil customers.



ICA BeefMeets to focus on success and profitability

Educational sessions at the first annual BeefMeets will focus on an important topic in the current ag economy: profitability.

“We realize that cattle producers from all sectors of the industry are looking at both short-term and long-term ways to increase their profitability during this downturn in the ag economy,” says Matt Deppe, Iowa Cattlemen’s Association Executive Director. “We want to make sure they are up-to-date with the latest technology and industry advances that will help their bottom line.”

Speakers will address issues that affect both cow/calf and feedlot operations, from heifer development and best weaning practices to managing cattle under roof and hiring exceptional labor. Lenders and economists will be on hand to provide their perspective on the current ag economy and strategies to get through this down cycle.

BeefMeets are replacing the Iowa Cattle Industry Convention, which has traditionally been held in Des Moines in the winter. In an effort to reach more cattlemen across the state, four day-long regional BeefMeets will be held in June. The Northwest Regional BeefMeet will be in Spencer on June 22, the Northeast Regional BeefMeet will be in Independence on June 23, the Southwest Regional BeefMeet will be in Atlantic on June 28 and the Southeast Regional BeefMeet will be in Riverside on June 29.

In addition to educational sessions, BeefMeets will include lunch, a full tradeshow, and a social gathering at the end of the day. District breakouts will give cattlemen a chance to weigh in on issues affecting their business, and Eldon McAfee will address some of the legal challenges farmers in Iowa are facing, including the Des Moines Water Works lawsuit and numerous nuisance suits.

Other activities throughout the day include an Iowa Cattlemen’s Foundation auction fundraiser during lunch, a free Youth Beef Team training at 1:15, and a social event following the keynote in the afternoon. Join the local county cattlemen’s group outside for samples of new beef products and cold drinks.

Early registration ends June 13 and prices go up $10 at that time. All cattlemen are invited, but there is a discount for ICA members. Students are free. Register online today at www.iacattlemen.org.

A full list of speakers and topics follows:

Hiring and Retaining an Exceptional Workforce
Northwest Regional BeefMeet
Bob Milligan, Dyson School of Applied Economics and Management, Cornell University
Growing operations need a steady, trustworthy workforce. How can producers increase workforce motivation and decrease employee turnover, while enhancing operational performance and improving profit margins?

Checkoff Q & A - ICA & IBIC Leader
Northwest, Northeast, Southwest, Southeast Regional BeefMeets
As the Iowa Cattlemen’s Association works towards a referendum to reinstate the Iowa state beef checkoff, producers have questions. Iowa Cattlemen’s Association and Iowa Beef Industry Council leaders will be on hand to explain the goals and intended uses of the state checkoff dollars, as well as answer any questions.

Cattle Health Under Roof: What Have We Learned
Northwest and Northeast Regional BeefMeets
Jeff Pastoor & Scott Roskens, Quality Liquid Feeds
What are the specific management benefits of raising cattle under roof? What are the health considerations producers should be aware of? The experienced producer will pick up tips to maximize profits, while producers considering expanding can learn more about the advantages and disadvantages of feeding under roof.

Lender’s Perspective of Navigating Through Large Equity Losses
Northwest and Northeast Regional BeefMeet
Bob Butcher, Community Bank & Tim Meyer, Producers Livestock Marketing Association
What are the top notch managers doing to adjust business models and positioning their businesses and personal lives to navigate the economic white waters? What actions need to be taken to keep your business on course and also position it for new avenues of success? This session will provide insight and answers to the most common questions asked by producers, owners, and managers.

Iowa Cattlemen’s Foundation Youth Beef Team Training
Northwest, Northeast, Southwest, Southeast Regional BeefMeets
YBT training is open to all youth, ages 12 to 18, who are interested in promoting the beef industry.

Increasing the Efficiency of your Acres
Northwest, Northeast, Southwest, Southeast Regional BeefMeets
Dave Muth, Ag Solvers
With low commodity prices, marginal crop acres may benefit from alternative strategies. Learn how to maximize profit on every acre and revitalize your least productive acres.

Gaining Confidence in Feeder Cattle Prices
Northwest, Northeast and Southwest Regional BeefMeets
U.S. Department of Agriculture
What is the U.S. Department of Agriculture’s Feeder Cattle Index, and how does it impact the price of feeder cattle? This session will provide an overview of the history and development of the index as well as a discussion on how reporting takes place.

Legal Climate in Iowa
Northwest, Northeast, Southwest, Southeast Regional BeefMeets
Eldon McAfee, Brick Gentry
How is the legal climate for agriculture in Iowa changing and how will it affect your farm? Eldon will give a timely update on the Des Moines Waterworks lawsuit, various nuisance lawsuits and attorney general referrals for water quality violations.

Improved Replacement Selection
Northeast, Southwest and Southeast Regional BeefMeets
Patrick Gunn, ISU Extension
Research has shown that 75% of future income in the cow-calf operation may be derived from heifers that calve in the first 21 days of the calving season as 2-yr-olds.  Current heifer selection tools and strategies to identify these females earlier in the production cycle will be discussed.

Positioning for Success in the Economic Reset
Southwest and Southeast Regional BeefMeets
Dr. David Kohl, Professor Emeritus, Department of Agricultural and Applied Economics, Virginia Tech
The agriculture industry is in a major economic transition.  The great commodity super cycle that fueled much of the income statement and balance sheet growth in agriculture is in the rear view mirror.  What will be the emerging trends impacting agriculture and rural America’s bottom line in the short and long run?  What are the latest trends and views in agriculture? What are some of the best management practices that could help you to position during this economic reset?  Be sure to attend this information packed, high energy session presented by Dr. David Kohl, Professor Emeritus, Department of Agricultural and Applied Economics, Virginia Tech.

Nutritional Considerations for Starting Cattle Right
Southeast Regional BeefMeet
Dr. Drew Shain, Cattle Nutritionist - Purina Animal Nutrition
The key elements of nutrition and management of newly weaned or received cattle are explained. Outlines why nutrition is so important for starting cattle and how this can affect health and performance throughout the entire finishing period.
Sponsored by Purina Animal Nutrition



USDA Unveils New Improvement to Streamline Crop Reporting

U.S. Department of Agriculture (USDA) today announced that farmers and ranchers filing crop acreage reports with the Farm Service Agency (FSA) and participating insurance providers approved by the Risk Management Agency (RMA) now can provide the common information from their acreage reports at one office and the information will be electronically shared with the other location.

This new process is part of the USDA Acreage Crop Reporting Streamlining Initiative (ACRSI). This interagency collaboration also includes participating private crop insurance agents and insurance companies, all working to streamline the information collected from farmers and ranchers who participate in USDA programs.

"If you file your report at one location, the data that's important to both FSA and RMA will be securely and electronically shared with the other location," said FSA Administrator Val Dolcini. "This will avoid redundant and duplicative reporting, and we expect this to save farmers and ranchers time."

"Accuracy in crop reporting is a key component for crop insurance, because an error in this information can affect premiums or claims. This is going to greatly improve efficiencies and reduce mistakes," said RMA Administrator Brandon Willis.

Since 2009, USDA has been working to streamline the crop reporting process for agricultural producers, who have expressed concerns with providing the same basic common information for multiple locations. In 2013, USDA consolidated the deadlines to 15 dates for submitting these reports, down from the previous 54 dates at RMA and 17 dates for FSA. USDA representatives believe farmers and ranchers will experience a notable improvement in the coming weeks as they approach the peak season for crop reporting later this summer.

More than 93 percent of all annual reported acres to FSA and RMA now are eligible for the common data reporting, and USDA is exploring adding more crops. Producers must still visit both locations to validate and sign acreage reports, complete maps or provide program-specific information. The common data from the first-filed acreage report will now be available to pre-populate and accelerate completion of the second report. Plans are underway at USDA to continue building upon the framework with additional efficiencies at a future date.

Dolcini also reminded farmers and ranchers that they can now access their FSA farm information from the convenience of their home computer. "You can see your field boundaries, images of your farm, conservation status, operator and owner information and much more," said Dolcini.

The new customer self-service portal, known as FSAFarm+, gives farmers and ranchers online access to securely view, print or export their personal farm data. To enroll in the online service, producers are encouraged to contact their local FSA office for details.



Supreme Court Upholds Landowners Rights Challenging WOTUS Jurisdiction
 
Today, the Supreme Court in United States Army Corps of Engineers v. Hawkes Co., Inc., set a precedent that landowners may challenge the Corps’ jurisdictional determination specifying that a piece of property contains a “water of the United States.” The National Cattlemen’s Beef Association filed an amicus brief in support of Hawkes. NCBA President Tracy Brunner, said this is a major victory for landowners across the country.

“This case highlights the issues landowners and land-use stakeholders have with the Clean Water Act,” said Brunner. “Neither of the options provided to landowners are realistic under the current regulatory environment. Applying for a 404 permit is expensive, exhaustive and time consuming. Gambling on EPA enforcement and risking civil and criminal penalties is foolish. This case strikes a balance that at least gives us some measure of regulatory certainty in the notoriously unclear Clean Water Act.”

The Hawkes case involved three companies engaged in mining peat in Minnesota. Due to the difficulty inherent in determining the need for a 404 Dredge and Fill Permit, the Army Corps allows property owners to obtain a standalone jurisdictional determination if a particular piece of property contains a WOTUS and therefore requires a 404 permit before using the land. Upon receiving an approved jurisdictional determination that their land did contain a WOTUS, the companies exhausted the administrative remedies available and then filed suit in Federal District Court challenging the Corps’ jurisdictional determination. The government argued that such a jurisdictional determination was not final agency action and that landowners would have to either discharge without a permit and then challenge EPA enforcement or apply for a permit and challenge the outcome.

“Given the subjective nature of a determination and the inconsistent application of the Clean Water Act, knowing what is or is not a WOTUS was ripe for challenge,” said Brunner. “The ability to challenge a determination before going through the time-consuming and costly permitting process, or gambling on EPA enforcement provides a measure of fairness to landowners.”

In his concurrence, Justice Kennedy expressed the Court’s continued concern with the Clean Water Act, “[t]he Act… continues to raise troubling questions regarding the Government’s power to cast doubt on the full use and enjoyment of private property throughout the Nation.” NCBA is committed to continuing its WOTUS lawsuit on behalf of its members.



Farm Bureau Hails Supreme Court Victory: Farmers and Ranchers May Sue to Stop Clean Water Regulation of Ordinary Farmland

A unanimous Supreme Court today ruled landowners may challenge the federal government whenever the Army Corps of Engineers tries improperly to regulate land with regulations designed to protect water.

Landowners have attempted many times to challenge Corps rulings known as jurisdictional determinations, but the government successfully argued that those determinations were not "final agency actions" and the lawsuits were dismissed. Now, when the Corps asserts jurisdiction over low spots that look more like land than water, it will have to do so with the knowledge that its jurisdictional determination can be tested in court.

"Today's decision removes a huge roadblock that has prevented landowners from obtaining relief from the courts when the Corps illegally claims their land is federally regulated water," AFBF President Zippy Duvall said. "Now, farmers and ranchers can have their day in court when the government tells them they cannot plow a field or improve a ditch without a federal permit."

AFBF filed amicus curiae briefs in the lower court and the Supreme Court in support of the plaintiffs who were represented by the Pacific Legal Foundation. The case was titled United States Army Corps of Engineers v. Hawkes Co., Inc.

Today's ruling builds on another unanimous ruling, Sackett v. EPA. The Court today recognized that once the Corps finds that a landscape feature is a "water of the United States," there are immediate and often dire legal consequences to the landowner. A farmer can continue a farming activity that results in an unlawful discharge and face an enforcement action with civil fines up to $37,500 a day per discharge, or even criminal penalties. Or, the farmer can spend tens, if not hundreds, of thousands of dollars seeking federal Clean Water Act permits over several years only to have the permit ultimately denied.



Tell the EPA that the RFS Works Today

With the opening of the public comment period regarding the U.S. Environmental Protection Agency's proposal to cut corn ethanol in the Renewable Fuel Standard by nearly 200 million gallons, the National Corn Growers Association urges farmers and their family and friends to email their opposition to this proposal as soon as possible, before the July 11 deadline.

For details on the proposal and a link to send a quick email, visit ncga.com/rfs. Various draft comments are available to enable both farmers and their non-farmer friends to easily send personalized notes to the EPA.

In addition to the RVO written comment period, EPA is holding a hearing to hear from interested parties on the proposal. The hearing will take place in Kansas City, Missouri on June 9.

NCGA and its state affiliates encourage farmers and friends to plan on testifying at the hearing. The association would like a strong corn grower contingent in attendance at the hearing to demonstrate to EPA how its proposals hurt rural America and corn farmers.  This is an excellent opportunity to make the case face-to-face with the actual decision makers.

"We are very clear to EPA about what we want," said NCGA President Chip Bowling. "It is simple: EPA should follow the statute. For farmers and others in rural America, this new EPA proposal means low corn prices and ethanol plant and industry cutbacks. And for everyone else, it means higher gas prices and dirtier air."



CWT Assists with 301,000 Pounds of Cheese and Butter

Cooperatives Working Together (CWT) has accepted 2 requests for export assistance from Foremost Farms and Tillamook County Creamery Association who have contracts to sell 259,043 pounds (118 metric tons) of Cheddar cheese and 41,888 pounds (19 metric tons) of butter to customers in Asia and the Middle East.  The product has been contracted for delivery in the period from June through November 2016.

So far this year, CWT has assisted member cooperatives who have contracts to sell 23.230 million pounds of American-type cheeses, 8.530 million pounds of butter (82% milkfat) and 18.464 million pounds of whole milk powder to twenty countries on five continents. The sales are the equivalent of 541.117 million pounds of milk on a milkfat basis.

Assisting CWT members through the Export Assistance program, in the long-term, helps member cooperatives gain and maintain market share, thus expanding the demand for U.S. dairy products and the U.S. farm milk that produces them. This, in turn, positively impacts all U.S. dairy farmers by strengthening and maintaining the value of dairy products that directly impact their milk price.



The Center for Food Integrity Expands to Canada

Canadian CFI aims to earn consumer trust in Canadian food and agriculture

The Center for Food Integrity (CFI) has expanded north with the launch of the Canadian Centre for Food Integrity (CCFI).

With a growing membership representing a diversity of the U.S. food system, CFI is a not-for-profit organization founded in 2007 to help today’s food system earn trust. The new Canada affiliate, a division of Food & Farm Care Canada, shares that mission.

“Canada faces many of the same challenges we do here, and with an increasingly interconnected global food system, expanding our North American presence will allow us to better serve members with international interests and locations as we help the food system align with consumer expectations,” said Terry Fleck, CFI executive director.  

“Public demand for transparency is growing and consumers want to know more about how their food is produced and who’s producing it,” said Crystal Mackay, Farm & Food Care Canada executive director. “The new Canadian Centre for Food Integrity will work with its members and the Canadian food system at large to share information and demonstrate our values when it comes to outstanding animal care, environmental stewardship and producing safe food.”

Like CFI, the Canadian Centre for Food Integrity will conduct annual consumer trust research to better understand changing public attitudes about food and agriculture, and to provide guidance to the Canadian food system. Results of CCFI’s first survey will be unveiled at the inaugural Public Trust Summit May 31 to June 2 in Ottawa, Ontario. Results of the survey are available at www.foodintegrity.ca.

CFI will now offer North American memberships for organizations and companies that have a presence in both the U.S. and Canada.

To learn more about CCFI, visit www.foodintegrity.ca. For more information about The Center for Food Integrity, visit www.foodintegrity.org.