|
|
|
|
|
Livestock producers have won a major point in the effort to protect their confidential information when participating in predator control programs.
The American Farm Bureau Federation and the Texas Farm Bureau have been involved in a legal battle for the last five years to prevent the release of names and personal information of livestock producers that participate in government predator control programs, primarily those that use livestock protection collars and M-44 devices.
Several animal rights organizations had sought the release of those names under the Freedom of Information Act.
USDA had previously decided to release those names but was barred from doing so by a federal district court injunction from the bench of Judge Walter Smith in Waco. That injunction was sought by Farm Bureau.
In a court appearance before the Fifth Circuit Appeals Court in New Orleans, on June 9, government attorneys appear to have reversed the government's position, stating that the Solicitor General of the United States now agrees that personal information of farmers and ranchers using predator control measures should remain confidential.
The case, however, is not yet decided. The Fifth Circuit could require modifications in the district court's injunction.
Paul Marable, General Counsel of Texas Farm Bureau, said, "This is a significant development in the case, but many details remain. We don't yet know what instructions the Fifth Circuit will give the lower court."
Still in question are issues such as the difference between corporate and individual participants in the predator control program, and varying levels of information.
The Farm Bureau's position is that none of the information should be released.
Various animal rights groups, including the Animal Protection Institute and the Humane Society of the United States, had requested the release of the confidential information.
"Confidentiality of personal information is central to the administration of virtually all government agricultural programs," Marable said. "The apparent reversal of the government's position is an important step toward final resolution of the case."
USDA's lawyer made clear that this decision had been made at the highest levels of the government, by the Solicitor General.
USDA abandoned its policy of releasing cooperators' personal information, stating that it would in general treat this information as confidential and not subject to release to environmental groups under the Freedom of Information Act.
