Thursday December 28 Ag News

Court Blocks Enforcement of a Speech-Related Sanction Imposed by the
Lower Elkhorn Natural Resources District Against Elected Director Melissa Temple

Yesterday, the U.S. District Court for the District of Nebraska issued a preliminary injunction blocking enforcement of a speech-related sanction imposed by the Lower Elkhorn Natural Resources District (LENRD) against Director Melissa Temple.

The sanction blocked by the Court’s ruling was imposed by the LENRD to punish Temple for speaking to a local newspaper about an internal complaint she previously filed against another elected Director. The sanction stripped Temple of her right to obtain certain travel reimbursements and per diems guaranteed by state law and LENRD policy. The preliminary injunction will remain in effect pending a final decision on the constitutionality of the sanctions imposed against Temple.

The preliminary injunction comes at the request of the University of Nebraska College of Law’s First Amendment Clinic, which represents Director Temple. The Clinic filed a lawsuit against the LENRD in October alleging that sanctions imposed by the LENRD violate Temple’s rights under the First and Fourteenth Amendments to the U.S. Constitution and were adopted in violation of the Nebraska Open Meetings Act.

The ruling signals that Director Temple is likely to succeed in litigating her claim that the LENRD’s sanction stripping her of certain reimbursements and per diems violates the U.S. Constitution’s First Amendment. As the Court noted, “the LENRD simply does not have the power, under Nebraska law and the United States Constitution, to withhold Temple's reimbursement and per diem payments.”

The injunction entered by the Court is an important first step in fully restoring Director Temple’s rights as a duly elected representative,” said Daniel Gutman, Director of the First Amendment Clinic.

“I am encouraged by the Court’s decision and am grateful for the members of my community who have shown me unwavering support. This decision is a reminder that elected boards cannot simply silence those who speak up and try to hold government to a higher standard,” said Temple.

Litigation will continue as Temple seeks a judicial decision declaring the sanctions imposed against her by the LENRD unconstitutional and a permanent injunction overturning the sanctions.



LENRD Statement on Court Order
Liz Lienemann - LENRD Communications Specialist

The Lower Elkhorn Natural Resources District has been informed that an order has been released by Judge John M. Gerrard, Senior United States District Judge for the District of Nebraska regarding the motion for a preliminary injunction filed by plaintiff Melissa Temple, against the Lower Elkhorn Natural Resources District.  The District has no other comment on the matter at this particular time other than to state that we respect the opinion of the Court and that we will comply with the terms of the order.

 This matter had been covered by various state and local media outlets, but the degree of accuracy on this coverage varies greatly.  Some media outlets accurately report that the District is preliminarily enjoined from enforcing the sanction relative to reimbursement for out of district travel expenses, and that the sanction which removed Director Temple from all committee assignments may remain intact.  However, some news articles have suggested that ALL of Director Temple’s rights as an NRD Director are preliminarily enjoined. This statement is inaccurate. With regard to Director Temple’s subcommittee assignments, the Court found, “It does not offend the Constitution to limit Temple's ability to sit on subcommittees. The LENRD may constitutionally execute this sanction.” As a result and as previously stated, the District will comply with the Order and restore only those rights and responsibilities required by the Order at this time, which does not include subcommittee assignments.



Eastern Nebraska Corn and Soybean Expo

The Fremont Corn Expo and the Nebraska Soybean Day and Machinery Expo into one expo - the Eastern Nebraska Corn and Soybean Expo. The expo will focus on both crops and will rotate between Saunders and Dodge county locations each year.

The 2024 expo will take place on Thursday, January 25 at the University of Nebraska Eastern Nebraska Research, Extension and Education Center (ENREEC near Mead, NE) located at 1071 County Road G, Ithaca, NE. The program will kick off at 8:30 a.m. and will finish up at 3:00 p.m.

The event opens with coffee, doughnuts and the opportunity to view equipment and exhibitor booths at 8:30 a.m. Speakers start at 9:10 a.m.

Aaron Nygren, Nebraska extension educator says, “The Eastern Nebraska Corn and Soybean Expo will assist producers in planning for next year’s growing season. We hope you come and learn from a variety of speakers and vendors about important topics for corn and soybean production in 2024.”

This program is sponsored by Nebraska Extension in the university’s Institute of Agriculture and Natural Resources, the Nebraska Corn Board, and the Nebraska Soybean Board.

Mike Zuzolo, President Global Commodity Analytics & Consulting LLC is the keynote speaker. He will speak on “Navigating 2024 Commodity Markets—Funds vs. Fundamentals”. His presentation will include: Assessing 2024 Prices For Grains & Cattle - Look At Top 3-5 Drivers; Factors To Focus Upon - U.S. & Global S/D Fundamentals (Micro-Conditions) vs. Funds & Investment Flow Drivers (Macro-Conditions); and Project 2024 “Overvalue” & “Undervalue” Levels For Corn/Soybeans/Cattle Through March 31.

Other timely topics include: A Look Back at 2023 and a Look Ahead into 2024, Eric Hunt, Nebraska Extension Educator of Agricultural Meteorology; Corn and Soybean Disease Update, Tamra Jackson-Ziems & Dylan Mangel, Nebraska Extension Plant Pathologists; Pros and Cons of a Precision Sprayer for Detecting Weeds and Spray Herbicide in Real Time for Weed Management in Corn and Soybean, Amit Jhala, Nebraska Extension Weed Management Specialist; and Drone Spraying, Terraplex Ag.
Updates will also be provided by the Nebraska Corn Board, Nebraska Soybean Board, Nebraska Corn Growers Association and Nebraska Soybean Association.

Producers can visit with representatives from a variety of ag related companies during a 40-minute break at 10:00 a.m.

Complimentary noon lunch will be served.

Registration is available the day of the expo at the door. For more information about the program or exhibitor information, call 402-624-8030 or e-mail anygren2@unl.edu. Vendor spots are available. Information online at: go.unl.edu/cornsoyexpo. There is no registration fee.



I-29 Moo University to present “Inflation: How It Effects Your Bottom Line?” webinar on Jan. 24

The I-29 Moo University 2024 Dairy Webinar Series continues Wednesday, Jan. 24 from 12 noon to 1 p.m. CDT. The webinar will feature a discussion on how inflation effects your dairy’s bottom line with Dr. Chad Hart.

Dr. Chad Hart is an Ag Economics professor at Iowa State University. He served as the U.S. Policy and Insurance Analyst with the Food and Agricultural Policy Research Institute (FAPRI) and a Scientist with CARD. For FAPRI, He was responsible for directing econometric and modeling efforts for the crop insurance component of the FAPRI modeling system. For CARD, he served in multiple roles, concluding as the head of the Bio renewables Policy Division and examined the interactions between the agricultural and energy sectors. He will discuss how inflation effects the commodity market, the value of the dollar in world trade, world and domestic consumption plus the cost of ag inputs.

There is no fee to participate in the webinar; however, registration is required at least one hour before the webinar. Register online at: https://go.iastate.edu/INFLATION24.

For more information, contact: in Iowa, Fred M. Hall, 712-737-4230; in Minnesota, Jim Salfer, 320-203-6093; or in South Dakota, Patricia Villamediana, 605-688-4116.

I-29 Moo University is a consortium of Extension dairy specialists from the land-grant universities in Iowa, Minnesota, Nebraska, North Dakota, and South Dakota. The I-29 Moo University is a multi-state learning collaboration and connects extension dairy staff with the dairy community to share research, information and management practices through workshops, webinars, e-newsletters, podcasts, and on-farm tours.  For more information about the I-29 Moo University Collaboration and programs visit www.i29moou.com.  



Biofuels Vision Solidified for Nikki Haley

Nikki Haley is now the second candidate currently campaigning in Iowa for the Republican nomination to take a positive position on all eight topics vital to the future of Iowa farmers and biofuels producers. Haley was recently asked by a voter about the battle over carbon intensity scoring and she pledged to look into the issue and respond. A few days later Haley issued a statement supporting the U.S. Argonne National Laboratory GREET model over a European model that unfairly discriminates against farm products.

“Amb. Haley has shown she is dedicated to listening to Iowa farmers, learning and educating herself about the promise biofuels hold for the future,” stated Iowa Renewable Fuels Association Vice President Brad Wilson, the president/general manager of Western Iowa Energy, a biodiesel producing company, headquartered in Wall Lake, Iowa. “We appreciate her support on the key issues facing farmers and biofuels producers. With the right leadership, the Midwest can play a prominent role in meeting America’s energy needs.”

“We commend Nikki Haley for showing her support for biofuels like biodiesel, and in particular for standing up for the Renewable Fuel Standard, which is one of the most successful energy policies in U.S. history,” said Grant Kimberley, Senior Director of Market Development for the Iowa Soybean Association and Executive Director of the Iowa Biodiesel Board. “It’s vital that the person serving as president understands the contributions that biofuels make not only to Iowa’s economy and farm families, but to the nation at large through a cleaner, more diverse energy supply produced here at home.”

“We know ethanol is at the forefront of the fuel market as a leader in sustainability, that’s why the support of the U.S. Argonne National Laboratory GREET model is of such importance by presidential candidates like Nikki Haley,” said Jolene Riessen, a farmer from Ida Grove and the Iowa Corn Growers Association President. “By incorporating a fairer playing field when it comes to renewable fuels, we can gain the recognition we deserve as farmers for producing America’s homegrown, more affordable, readily available fuel option – ethanol.”  

While Iowa is home to first-in-the-nation caucuses, it is also the leading state in biofuel production. In 2022, Iowa produced 4.5 billion gallons of ethanol and 349 million gallons of biodiesel. Those production levels accounted for nearly $7.2 billion of Iowa’s gross domestic product, generated $3.5 billion of income for Iowa households and supported more than 57,000 jobs throughout the Iowa economy.

Haley follows Gov. Ron DeSantis in adopting a biofuels vision as they campaign for the Republican nomination. As of today, all Republican candidates who are actively campaigning in Iowa support a growing role for biofuels and a permanent national year-round E15 fix, while opposing laws and regulations that directly or indirectly mandate electric vehicle (EV) purchases. Information on all eight priority issues and where candidates stand can be found at: www.biofuelsvision.com.  

“While we are excited that two candidates have taken positive positions on all eight of our priority issues, there is still time for other candidates to join them prior to the First-in-the-Nation Iowa Caucuses on January 15,” said Wilson.

Biofuels Vision 2024 is a coalition of Iowa organizations and citizens tracking candidates’ stances on eight issues vital to the future of biofuels and the Iowa economy. The coalition does not endorse or rank candidates.



From Survey to Solutions: ChopLocal's Growth Shaped by Industry Insights

The direct-to-consumer meat industry is making strides, highlighted by findings from ChopLocal’s recent survey, which was completed by 332 meat businesses across 46 states in the summer of 2023. This annual survey not only reveals evolving trends, sales volumes, and marketing techniques embraced by livestock producers selling meat directly to consumers but also shapes ChopLocal’s marketplace and educational content.

Positive changes since 2022 include an increase in average sales, an increase in producers selling USDA inspected retail cuts, and reduced difficulty finding harvest appointments at small meat processors.

“This aligns with the conversations we’ve had anecdotally over the past year,” says Katie Olthoff, ChopLocal co-founder. “Producers and processors report that the Covid-era rush to book locker appointments 12-24 months in advance has eased.”

Survey findings indicate an increase in the percentage of direct-to-consumer producers selling USDA inspected retail cuts—from 65% in 2022 to 75% in 2023. Moreover, producers are increasingly adopting new technologies and distribution methods. In 2023, 55% operated an online store, up slightly from 53% in 2022. Particularly noteworthy was the surge in producers shipping meat directly to customers, rising from 9% in 2022 to 25% in 2023.

These shifts are correlated with higher meat sales. Producers with an online store recorded an average of $104,715 in sales—41% higher than those without an e-commerce presence. Additionally, those shipping USDA cuts saw a significant increase, averaging $147,143 in sales, more than double the volume of those without an e-commerce and shipping program.

Despite these positive trends, producers continue to emphasize the importance of finding new customers in order to grow their business. Nearly all use social media, with Facebook page usage staying consistent at around 88% while Instagram usage increased from 49% in 2022 to 59% in 2023. There was also a 9-point increase in Facebook group usage, now at 30%.

Marketing channels shifted slightly for the most successful farms (selling over $200,000 in meat direct-to-consumer annually) with 87% of those farms using email marketing, compared to 61% overall.

The most successful farms also report a higher level of comfort with marketing their meat. Only 18% of the farms with less than $100,000 in sales report a very high level of confidence in their marketing compared to 42% with over $100,000 in sales.

These survey insights directly influence ChopLocal's educational initiatives. Awarded a USDA Agricultural Marketing Service Farmers Market Promotion Program grant in 2022, ChopLocal initiated a series of free webinars on meat marketing, e-commerce, and shipping. These resources are now available on-demand at https://sell.choplocal.com. In 2024, the organization will continue offering free webinars along with a specialized course focused on optimizing e-commerce stores for meat sellers.

The first webinar of the year, which will cover the Value Added Producer Grant, will be held on January 16, and the inaugural mEat Commerce Essentials course will kick off February 1. Interested producers should sign up for the ChopLocal email newsletter at https://sell.choplocal.com for more information.

"Our goal is to bolster sales for producers by enhancing their confidence in marketing and shipping meat," says Olthoff.

Founded in 2020 by Olthoff and fellow Iowa farmer Jared Achen, ChopLocal not only provides educational programming but also operates an online farmers market for meat at choplocal.com. The platform decreases the barriers to entry for farmers interested in selling meat online, and assists with customer acquisition. ChopLocal.com is home to approximately 60 farms and butcher shops in 20 states, and experienced double the sales volume in 2023 compared to the previous year.


“As farmers ourselves, we know how difficult it is to juggle all aspects of the farm business,” says Achen. “We continue to look for new ways to help producers increase their local meat sales and profitability through technology and collaboration.”

More information about ChopLocal can be found at https://sell.choplocal.com.



Midwest Covers & Grains Conference to be held in Minnesota on March 4

Farmers, landowners and friends of farmers interested in small grains and cover crops can now register to attend PFI’s Midwest Covers & Grains Conference. The event will take place Monday, March 4 from 8 a.m. to 4 p.m., at the Mayo Clinic Health System Event Center (1 Civic Center Plaza) in Mankato, Minnesota.

The conference brings together farmers, supply chain buyers and researchers from across the Midwest to promote successful farming with extended rotations and cover crops.

“To me, the most valuable aspect of the conference last year was listening to the knowledgeable and experienced speakers. I've referenced notes I took at the conference several times this year,” says Ross Kurash, who farms in Fort Atkinson, Iowa. “The networking was also great, and I've stayed in contact with several people I met.”

Attendees will have a chance to network with small grains and cover crop buyers and sellers, and the event will have sessions for cover crop beginners and experienced practitioners. PFI’s Midwestern small grains network extends across five states, including Illinois, Iowa, Minnesota, Nebraska and Wisconsin.

Conference schedule:
The conference opens at 8 a.m. with breakfast, followed by two plenary sessions from 9-11:15 a.m. In the first, “Generating Added Value From Cover Crops,” Andy Linder, of Easton, Minnesota, will share how he adds value to cover crops by grazing cattle. He’ll also share his experiences with operating a cover crop seed business and providing custom cover cropping services.

In the second plenary, “Making a Comeback: Small Grains Back in Rotation,” Martin Larsen, of Byron, Minnesota, will share his experiences growing small-grains crops, the value they bring and why crops like oats and rye have become a staple in his rotations.

After lunch and networking time, two blocks of breakout sessions will follow until 3:30 p.m. The conference will conclude with closing remarks from 3:30-3:45 p.m.

A farmer social will immediately follow the conference at Pub 500 (500 S Front St.) in Mankato at 4:15 p.m.

The cost is free for PFI members, or $50 for non-members. Registration is required and includes a continental breakfast and lunch. Pre-registration ends on Feb. 26. After that, walk-ins are welcome unless the venue is at capacity. Register online or call (515) 232-5661.

Full conference details, including the list of sessions and speakers, are available at practicalfarmers.org/midwest-covers-and-grains-conference. For questions, contact Taylor Hintch at (515) 232-5661 or taylor.hintch@practicalfarmers.org.



Weekly Ethanol Production for 12/22/2023

According to EIA data analyzed by the Renewable Fuels Association for the week ending December 22, ethanol production sprang 3.4% higher to 1.107 million b/d, equivalent to 46.49 million gallons daily and the largest weekly volume since the end of October 2021. Output was 15.0% more than the same week last year and 10.0% above the five-year average for the week. The four-week average ethanol production rate increased 2.3% to 1.082 million b/d, which is equivalent to an annualized rate of 16.59 billion gallons (bg).

Ethanol stocks swelled 2.7% to a 35-week high of 23.5 million barrels. Stocks were 4.5% less than the same week last year but 4.0% above the five-year average. Inventories built across all regions except the Rocky Mountains (PADD 4) and West Coast (PADD 5).

The volume of gasoline supplied to the U.S. market, a measure of implied demand, sprang 4.7% to 9.17 million b/d (140.55 bg annualized). Demand was 1.7% less than a year ago but 2.4% above the five-year average.

Refiner/blender net inputs of ethanol edged 0.6% higher to a 9-week high of 906,000 b/d, equivalent to 13.89 bg annualized. Net inputs were 1.1% less than a year ago yet 3.0% above the five-year average.

Ethanol exports were estimated at 132,000 b/d (5.5 million gallons/day), which is 32.7% below the prior week’s high mark. There were zero imports of ethanol recorded for the 14th consecutive week.



Urea Moves 6% Lower; Prices Mixed for Other Fertilizers

Retail fertilizer prices continue their recent path of floating around unchanged, according to prices tracked by DTN for the third week of December 2023.

According to retail sellers surveyed by DTN, five of the eight major fertilizers were higher in price compared to last month and the other three fertilizers were slightly lower. DTN designates a significant move as anything 5% or more.

Only one fertilizer had a notable price move compared to last month. Urea was down 6% and had an average price of $537/ton.

Two fertilizers were down just slightly: Anhydrous had an average price of $807/ton and UAN32 was $402/ton.

Five fertilizers were just slightly higher in price compared to last month. DAP had an average price of $721/ton, MAP $815/ton, potash $517/ton, 10-34-0 $599/ton and UAN28 $342/ton.

On a price per pound of nitrogen basis, the average urea price was $0.58/lb.N, anhydrous $0.49/lb.N, UAN28 $0.61/lb.N and UAN32 $0.63/lb.N.

All fertilizers are now lower by double digits compared to one year ago: MAP by 10%, DAP 19%, 10-34-0 by 20%, urea 29%, potash 35%, and anhydrous, UAN28 and UAN32 are 41% cheaper.