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September 7, 2001

Court rules tillage can be regulated

In a precedent-setting ruling, a split three-judge panel of the 9th U.S. Circuit Court of Appeals recently ruled that certain tillage practices may fall under the jurisdiction of the Environmental Protection Agency and Army Corps of Engineers and must be permitted by the Corps. The case was filed in regard to Clean Water Act wetlands regulations.

According to a story in The Sacramento Bee, developer Angelo Tsakop-oulos utilized "deep ripping" plowing on his California ranch to convert thousands of acres of rangeland to fruit crop production. By doing so, according to the story, wetlands protected under the Clean Water Act were destroyed. Tsakopoulos did not have a federal permit to plow the land.

"It's depressing," said Arthur Coon, one of Tsakopoulos' attorneys. "It is a very significant issue to farmers across the country that plowing done on ranchland can be defined as a discharge of pollutants into navigable waters of the United States. We've come a long, long way from what Congress intended with the Clean Water Act."

The court's decision is now valid in nine Western states and two Pacific island territories.

Tsakopoulos' attorneys did not confirm what future legal action might be taken. The California Farm Bureau Federation, the Pacific Legal Foundation and the California Cattlemen's Association had filed a joint brief with the 9th Circuit in support of Tsakopoulos.

Gallup conducts poll
on biotech food

According to results of a recent Gallup poll, most Americans are not all that interested in or too concerned about biotech foods. The results differ greatly from the debates on biotech foods currently occurring in scientific and environmental circles.

Gallup's July 19-22 nationwide telephone survey found Americans' basic reaction to the use of biotechnology in agriculture and food production as fairly positive.

A slight majority, 52 percent, say they support this application of biotechnology and a similar number, 53 percent, are doubtful it poses a serious health hazard to consumers. Opposition to the technology hovers around one-third: 38 percent generally oppose the use of biotechnology in food production and 30 percent fear biotech foods pose a health risk. These attitudes are similar to those measured in 1999, when Gallup first asked Americans about the issue.

Of particular interest, however, is that while the supporters of biotechnology outnumber its detractors, the greater intensity of feeling is on the opposing side: just 9 percent of all Americans strongly support the use of biotechnology in food production while 14 percent strongly oppose it.

Despite the concerns expressed about biotech food when Americans are asked about it specifically, the fact remains that close to nine in 10, 89 percent, feel confident that the food available at most grocery stores is safe. Similarly, most Americans (82 percent) express confidence in the federal government to ensure the safety of the U.S. food supply, while just 17 percent express serious doubts.

Both of these measures were asked in the July Gallup survey before the topic of biotechnology was presented in the course of the interview.

Tariff imposed on
Canadian lumber

The Commerce Department has announced it will authorize a new 19-percent tariff on Canadian softwood lumber after preliminary findings indicated that Canada had provided trade-distorting subsidies to its softwood lumber industries.

"This decision was one that the department reached after careful consideration of the law and the facts on the record," said Commerce Secretary Don Evans. "I'm pleased that this process has been open and transparent and that all parties have had full opportunity to have their views heard. I look forward to continuing to work with all parties, including our friends in Canada, as this case proceeds..."

The Commerce Department initiated the investigation based on a petition filed by the U.S. lumber industry after the expiration of the Softwood Lumber Agreement on March 31, 2001.

Industry officials argued that the Canadian subsidies contributed to U.S. mill closings and job losses.

Canadian Trade Minister Pierre Pettigrew said the U.S. decision has "no basis in fact or law" and warned that his country will challenge the findings and the new duties.

Next month, the Commerce Department is expected to announce its preliminary ruling on whether anti-dumping duties as high as 38 percent should be added to the 19-percent tariff levied because of Canada's trade-distorting lumber subsidies.

Beef demand continues climb
Preliminary second quarter 2001 data shows consumer demand for U.S. beef remains strong. Representatives of the Cattlemen's Beef Board (CBB) and National Cattlemen's Beef Association (NCBA) said checkoff-funded efforts are addressing the drivers that are keeping demand on the rise.

According to a peer-reviewed demand index, demand for beef increased 5 percent the second quarter of 2001, compared to the second quarter of 2000. Beef demand has increased 10 of the past 12 quarters, compared to the same quarters the previous year. Industry experts anticipate demand will remain stable even though total beef supplies will decline slightly over the next few years.

Notable Quotables

"Can you imagine a country that was unable to grow enough food to feed the people? It would be a nation that would be subject to international pressure. It would be a nation of risk. And so when we're talking about American agriculture, we're really talking about a national security issue."

— President George W. Bush, in a recent speech to FFA members visiting the capital, on the importance of agriculture in the United States.