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Texas Agriculture Archive

May 20, 2005

Court will not reconsider CAFO ruling

Changes due for pesticide registration?

The American Farm Bureau Federation applauds the U.S. Court of Appeals for the Second Circuit Courts' refusal to reconsider its Feb. 28 ruling on the Environmental Protection Agency's Concentrated Animal Feeding Operation rule. The court said that livestock producers who do not actually discharge into waters of the United States do not have to apply for discharge permits under the Clean Water Act.

"We are glad that the court found no basis for changing its ruling. It just makes sense that livestock producers who do not discharge into waters do not need to apply for permits," said AFBF President Bob Stallman.

AFBF, the National Chicken Council and the National Pork Producers Council argued in the original court hearing that the CWA requires permits based on actual and not potential discharges. The Second Circuit Court agreed.

Activist groups sought a panel rehearing contending that every livestock producer should be required to apply for a permit. This was even though the court ruled in favor of the environmental groups on a portion of their argument. The court previously ruled that when discharge permits are required for a CAFO, the terms of a nutrient management plan must be included in the permit and open for public review.

The Environmental Protection Agency has been considering its options since the original court ruling and has not released information about steps forward. The environmental groups filing the appeal have a 90-day option of appealing to the U.S. Supreme Court.

The Environmental Protection Agency (EPA) has proposed revisions to rules governing pesticide registrations that would take effect sometime in 2006. The revisions would be the first in more than 20 years outlining requirements of manufacturers for registering conventional pesticides.

The EPA is attempting to clarify the data requirements and tighten up necessary steps in the procedure, according to agency spokes-people. Eliminating the need for waivers in many cases and still allowing the industry to avoid unnecessary data and tests is one goal of the revisions. Science, policy, and practice have advanced beyond the requirements published in the Code of Federal Regulations (40 CFR Part 158), it has been suggested.

While the announced aim of the current rulemaking revision is largely to "codify already existing requirements," some of the proposed additions and changes can have far-reaching and unexpected consequences, according to agri-chemical industry leaders.

The public and industry have until June 9 to comment on the proposed changes. Changes to conventional pesticide registration requirements will be followed by changes to antimicrobials, biopes-ticides and other chemicals.

Demand skyrockets for organic food

The U.S. market for organic foods increased to $10.38 billion in 2003, up from $3.57 billion in 1997.

Sales of organic products are expected to reach $14.5 billion by the end of 2005.

In Indiana, more than 50 farms have received approval from the state government to market organic products, a number that is expected to double in 2005. One-quart bottles of organic chocolate milk, selling for $3.50 each, are one of many offerings in the state.

According to the United States Department of Agriculture, certified organic cropland acreage grew about 75 percent between 1997 and 2001, when 2.3 million acres qualified for the official designation.

Collegiate Discussion meet held


Fifteen contestants from six universities competed for cash prizes and the opportunity to participate in the National Contest next February in Des Moines, Iowa at the 2nd Annual Collegiate Discussion Meet, sponsored by the TFB Young Farmer & Rancher Advisory Committee. Pictured (standing left to right) are: Tyler Koch, Kilgore College; Matthew Quattrini, Texas A&M University; Kevin Bullock, Texas A&M University, winner of the contest, a $1,000 check, and a traveling trophy; Jeremy Jeffcoat, South Plains College; and Samantha Jo Srp, Texas A&M University-Kingsville, seated. The other four finalists each received a check for $200 and an invitation to attend the TFB annual meeting in Waco in December. The university attended by the winner (TAMU) also receives a $500 check.

Notable Quotables

"What we need is more processing plants. And a good sausage recipe."

—Brian Cummins, Van Zandt County Extension agent, talking about hunting and other control procedures for feral hogs in East Texas. The hogs are causing about $52 million in agricultural damage annually to Texas farmland. Farmers and ranchers are asking the state legislature to find a way to control the estimated 2 million animals.