The USDA Farm Service provides loans to family farms that are expressly exempt (“CatEx”) under the National Environmental Policy Act (“NEPA”), which allows agencies to make such exemptions.
Since 2016, the FSA has expanded the exemption from lending actions to medium-sized “Concentrated Animal Feeding Operations” (“CAFOs”).
But in an “overgrown” ruling, a federal court has ordered the FSA to reassess the environmental impact of medium-sized CAFOs before giving them credit. Defendants agree that the rule is procedurally invalid, but argue that the agency’s error was so minor that the court should remand the rule to the agency without revoking it,” U.S. District Judge Colleen Kollar-Kotelly said in her The ruling said.
She said the court “found the plaintiff’s argument to be superior and after considering the pleadings, the relevant legal authorities and the entire record. She denied the FSA’s motion for voluntary remand and granted plaintiffs’ crossover motion for summary judgment.
Plaintiffs are led by Dakota Rural Action.
Judge’s The ruling explained: “Here, the FSA concluded that it did not need to undertake any environmental analysis before undertaking certain lending actions to benefit the medium-sized CAFO. CAFOs are industrial enterprises that raise animals for harvest, including slaughter. “
“These businesses, some of which are family owned, “keep animals in a closed environment for a total of 45 days or more and feed the animals over a 12-month period rather than keeping the animals in Grazing or foraging in pastures, fields, or pastures.” ID. “The by-products of these operations may have environmental impacts.” The ruling continues “The FSA, among other things, provides certain loan services to CAFOs. The issue here is that loans to “medium-sized” CAFOs These CAFOs are “stabilized or limited” to (1) ‘200 to 699 adult cows, whether milked or dry;’ (2) ‘300 to 999 calves;’ (3) ‘300 to 99 cows ’, and (4) ‘37,500 to 124,999 chickens;’ and other categories of animals.”
The District of Columbia judge’s ruling makes no mention of economic impacts, including shortages and price increases.
“Today, the U.S. District Court for the District of Columbia ruled that the USDA Farm Service Agency (FSA) must assess the environmental impact of medium-sized concentrated animal feeding operations (CAFOs) before extending loans to them. said the public justice food project’s victory statement.
In 2016, the FSA passed a rule exempting medium-sized CAFOs (also known as factory farms) from undergoing the environmental impact review and community feedback process typically required before taxpayer subsidies to such facilities loan. This unbundling harms the communities that live near such “medium-sized” CAFOs, which are industrial livestock facilities that can house as many as 125,000 chickens, 55,000 turkeys, 2,500 pigs, 1,000 beef cattle, or 700 cows, subjecting neighboring communities to ubiquitous odors, noxious gases, polluted waterways and more, according to control advocates.
A coalition of groups sued the USDA in 2019 for failing to provide sufficient notice or evidence-based grounds for exemption. Plaintiffs argued that USDA violated the National Environmental Policy Act and the Administrative Procedure Act.
They claim that the USDA arbitrarily exempts major polluters from government regulation, while medium-sized CAFOs must be subject to the same regulation as the government
Animal Legal Defense Fund, regulated by Rage Residents Association, Citizens Action Coalition, Iowa Citizens for Community Improvement, Agriculture and Trade Policy Institute, and Food and Water Watch were represented by ALDF.
Public Justice, Food & Water Watch, Dakota Rural Action, and White River Waterkeeper are represented by Public Justice and Food & Water Watch.
“Our government has a responsibility to protect and invest in people’s health and well-being, our air, our water, and our climate,” said Dakota Rural Action Co-President Stacey Roberts. “We Instead of supporting big agriculture, our governments should invest in diversifying and strengthening food systems that support independent family farmers, contribute to local communities, and heal the land, air, and water.”
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