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AFBF joined the brief, filed in the case R-CALF v. USDA, in conjunction with the National Cattlemen's Beef Association and several other farm and livestock groups. The case is being heard in the Ninth Circuit Court of Appeals.
According to the brief, the District Court, in blocking the USDA rule, failed to adhere to the basic principle that states if an "agency considered the relevant factors and articulated a rational connection between the facts found and the choices made, a court must uphold its decision." Even where evidence before an agency is susceptible to more than one interpretation, the brief states, "a reviewing court may not substitute its judgment for that of the agency."
"Instead of affording the agency (USDA) the deference it was due, the court rejected the agency's explanation for its decision, disregarded the scientific evidence and expert opinion on which that decision was based and repeatedly substituted its judgment for that of the agency," the brief states. "The District Court's order granting the preliminary injunction (to block the USDA rule) should be vacated."
USDA concluded that "it is unlikely that infectious levels of BSE would be introduced into the United States from Canada." That conclusion, according to the brief, was based on "multiple factors," including Canada's low BSE incidence rate, its active surveillance program that satisfies international guidelines, import controls and a feed ban, and the prohibition on imports of cattle older than 30 months of age.
According to the brief, the plaintiff in the case, R-CALF (Ranchers Cattlemen Action Legal Fund United Stockgrowers of America) must show that the USDA ruling was "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law."
Judging by the amount of documentation and actions taken by USDA leading up to the final rule to reopen Canadian cattle trade, "R-CALF's burden is a heavy one," according to the brief.
Pesticide bill offers protection
Legislation introduced recently in the House would give farmers and ranchers more regulatory certainty when dealing with pests, according to the American Farm Bureau Federation. The Pest Management and Fire Suppression Flexibility Act (H.R. 1749), introduced by Reps. Butch Otter (R-Idaho) and Dennis Cardoza (D-Calif.), would clarify that farmers and ranchers can legally use EPA-registered pesticides without obtaining a Clean Water Act permit. The bill also provides farmers who are legally applying pesticides needed protection from citizen lawsuits.
"We strongly support the introduction of the Pest Management and Fire Suppression Flexibility Act," said AFBF President Bob Stallman. "Our nation's farmers and ranchers reduce farm costs and produce safe and healthy food through the responsible and legal use of pesticides. The products we use are already approved by EPA and proven safe to the environment."
TFB to air 'Rural Texas' on RFD-TV
TFB will air a new television program on the RFD-TV network beginning Tuesday, May 10 at 5:30 p.m. The show will be rebroadcast at various times on RFD.
The half hour show is called Rural Texas, and will feature issues, feature stories and important Farm Bureau events.
TFB is producing Rural Texas as part of a group effort of several state Farm Bureaus and AFBF. Watch Cornerpost, Texas Agriculture, Texas Neighbors and the TFB website (www.txfb.org) for the air dates of future programs.
RFD-TV broadcasts on the Dish Network and Direct TV Satellite services.
U.S. to comply with Brazil cotton ruling
The Bush administration has formally notified the World Trade Organization (WTO) that it plans to fully comply with the ruling regarding U.S. cotton subsidies, which was adopted by the organization's Dispute Settlement Body on March 21.
Although notifying its intent to comply, the U.S. trade officials did not include any specifics and noted "The United States will need a reasonable period of time in which to implement any changes." Trade officials and lawyers in several government agencies, including the Office of the U.S. Trade Representative and USDA, are examining options.
Undersecretary of Agriculture J.B. Penn called compliance "complex." He noted the most critical issues in the ruling involved the Step 2 program and the Export Credit Guarantee Program, on which the WTO panel placed a July 1 date for change. He also indicated that the United States had more time to consider other aspects of the ruling.
George Caldwell, Texas Farm Bureau associate director of Commodity and Regulatory Activities, called the decision "significant."
Specifically, the ruling found that several U.S. cotton programs caused "serious predjudice" to Brazil as a result of "significant price suppression," and not under any other serious prejudice criteria, on the world market during the marketing years 1999-2002.
Notable Quotables
"If you want to tell them that, go ahead, but I want to be re-elected."
—Rep. Joe Barton (R-Texas), chairman of the House Energy and Commerce Committee, when asked why Congress does not advise Americans to drive less in light of rising gas prices.
