September 2017 New Mexico Farm & Ranch

THE OFFICIAL PUBLICATION OF THE NEW MEXICO FARM AND LIVESTOCK BUREAU®

WOTUS Comments Due Range Cattle Water Needs ESA Sue and Settle Page 1

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New Mexico Farm & Ranch

August 2017

NMF&LB President’s Column TRACTOR SEAT DAYDREAMING

BY CRAIG OGDEN

A Report from the Road Chad Smith and I recently attended the 2017 Western Laramie. The Western Governors meeting was held not long Presidents and Administrators Meeting in Laramie, Wybefore our Farm Bureau Presidents meeting. The west is just oming. The Western States are basically New Mexico up a special place to be from and cooperation makes it better. through Montana and everything west of there, including The Ag Group met this week to start planning for the next Alaska and Hawaii. This gives administrators a chance to legislative session. I got there just in time to wish everyone review situations and coordinate responses to situations that safe travels home. Funny how baling rained-on hay can are unique to the west, primarily public lands and ESA. mess up your entire week. Anyway, we all must work toThe majority of the presidents meeting was devoted to gether to keep rural life sustainable. Whether it be the Westdiscussing American Farm Bureau Federation concerns. ern Governors, The Farm Bureau Western Presidents or This was the last time to meet with some outgoing preseven the Ag Group here in New Mexico. It is great to have idents from other states. There will be at least two new a support group that work together to better New Mexico. presidents elected from the western region, Kevin Rogers Cooperation and trust, two important principles for any from Arizona and Paul relationship to exist.

“The west is just a special place to be Wenger from CaliforHope your summer nia whom both will is going well. from and cooperation makes it better.” be termed out this Do justly, love year. They both have mercy, walk humbly. contributed greatly to the west and their knowledge and On the cover is Rick and Evelyn Ledbetter of Ledexpertise will be dearly missed. AFBF President Zippy Dubetter Chile in Roosevelt County. Rick is a member vall and Julie Anna Potts joined us on Monday to give us an of the Roosevelt County FLB and is the President of update on issues and financial matters related to AFBF. the New Mexico Chile Association while Evelyn is its The next day was packed with speakers, first to address Executive Director. They are ardent supporters of the all of us was a report from Karen Budd-Falen who is part New Mexico chile certificaof President Trump’s Interior Team. Caroline Lobdell with tion program. “I have grown the Western Resources Legal Center talked about some of chile in New Mexico for the litigation their center has been involved in and how many years, and I am now they attempt to train their interns to look at all aspects of a proud to be able to say that case. Followed next by Wyoming State Veterinarian Dr. Jim my chile is Certified New Logan who gave a presentation on brucellosis and Big Horn Mexico chile,” says Rick.

Sheep.

Cover photo courtesy of Artie Limmer It was a very educational and informative session in Page 2

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New Mexico Farm & Ranch

August 2017

AFBF President’s Column BEYOND THE FENCEROWS

BY ZIPPY DUVALL

Taking NAFTA to the Next Level for Ag Agriculture will be front and center in the recently launched North American Free Trade Agreement negotiations. Trade agreements have a good track record of opening international markets for U.S.-grown products by breaking down trade barriers and reducing tariffs that keep America’s farmers and ranchers from reaching new customers around the world.

NAFTA has been no exception. Annual ag exports to Canada and Mexico soared from $8.9 billion in 1993 to $38.1 billion in 2016. But that doesn’t mean there isn’t room for improvement.

Renegotiation is an opportunity to make this trade deal even better.

The American Farm Bureau Federation is working closely with Congress, the White House and government agencies so they know what our priorities for NAFTA are, and what we need to make them happen. We are eager for U.S. trade negotiators to take a seat at the table and are confident they will represent the needs of America’s farmers and ranchers. In fact, President Trump has committed to farmers and ranchers that a renegotiated NAFTA will make U.S. agricultural trade even better than it has been these last 24 years.

We are glad to see that continued market access remains the top objective for agriculture in the administration’s NAFTA strategy. Even though NAFTA has been positive for agriculture as a whole, there are individual commodities or ag sectors facing trade challenges with our neighboring countries. An updated agreement needs to resolve disputes

over fresh produce and horticultural products with Mexico.

It should also reduce or eliminate tariffs on dairy, poultry, and eggs in Canada. A truly modernized NAFTA will use science-based rules that prevent and resolve unfair trade barriers allegedly erected in the name of protecting animal, plant or human health.

International trade has given farmers and ranchers partnerships and business relationships with people all over the world. The boost in business abroad bolsters our industry and creates more jobs here at home. Successful trade agreements benefit all parties involved by setting the highest standard of trade rules and improving competitiveness.

AFBF together with Canada’s and Mexico’s largest farm organizations all agree that NAFTA has been a huge success for North American agriculture. We even sent a joint letter to our respective governments stressing the importance of NAFTA to the farm economy in all three countries.

We want to see the U.S. and our trade partners become global leaders in setting market-driven and science-based terms for trade. To that end, AFBF has the distinct honor of hosting the 38th biennial North American and European Union Agricultural Conference this fall. Hosting such a prestigious global event here in Washington, D.C., gives us an opportunity to build lasting relationships and friendships to help further opportunities for U.S. agriculture in the global market.

Free trade, while positive, also can be disruptive. It rejig see “NAFTA” pg 10

“The boost in business abroad bolsters our

industry and creates more jobs here at home.

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New Mexico Farm & Ranch

August 2017

Water for the Range Cows

By Katelin Spradley, Communications Intern New Mexico agricultural producers are no strangers to water problems. Dr. Marcy Ward, extension livestock specialist for New Mexico State University, is looking towards the future of cattle production by looking at present water usage of beef cattle on the range. “Water to me is going to be the valuable commodity of the future,” said Dr. Ward, “We kind of take it for granted now but here in New Mexico we know it’s a finite resource based on what’s available.”

Dr. Ward’s latest research project is focused on measuring exactly how much water beef cattle consume and how their water consumption changes depending on factors like weather, stage of production, and their genotype. Using a system of electronic ID tags, Dr. Ward is able to tell when each individual cow and her calf comes in to drink and then use the change in water depth to tell the volume of how much they drank. Through the use of wildlife cameras, the system even has the capability to measure the water usage of the wildlife that share the range with the cattle.“Usage is a big thing. I think people don’t really know, for a long time they were using 10 gallons to the cow but that was research done in a feed lot with fat steers. It’s apples and oranges,” said Dr. Ward.

Presently, Dr. Ward is conducting research on 30 head of three year old cows, some with calves and some without, at the NMSU Corona Range and Livestock Center. Although it doesn’t seem like a very large herd, it provides plenty of data from a research standpoint, Dr. Ward said. In the future, the water usage system will be mobile to measure water usage in areas with different climates and elevations. Dr. Ward even foresees using the system in areas where wild horse populations compete with cattle for resources to measure their water usage as well. The first location the mobile system is set to be is at the Tucumcari Feed Efficiency Test station in conjunction with another research project of Dr. Ward’s.

Dr. Ward has been involved for about four years in conducting feed efficiency research on 160 bulls of various breeds as part of the Tucumcari Bull Test. The Tucumcari Bull Test utilizes the GrowSafe system, which uses an electronic ID tag, like the water usage system, to monitor the exact poundage of feed that each bull consumes. The data collected from the GrowSafe system over a 60 day trial period can then be used to determine feed efficiency for each bull. “I’ll probably take one of our water systems to Tucumcari as well to start to determine if there is a genetic component of water intake and feed intake,” said Dr. Ward.

Even though the water usage research project is just getting started, Dr. Ward sees endless possibilities and hopes to find answers to very important problems. This research is designed to help agricultural producers and stems from their growing concerns about what the future will look like if water becomes increasingly scarce. “I’d been getting some calls from producers and they were wanting to know how much my cows drink on my property and it could affect how many cows I run and that is what prompted this research,” said Dr. Ward.

For now, no other universities are collaborating with NMSU on the research project but once the project gets underway there is a possibility that research could be done around the nation. “Once we fine tune the technology our intent is to get the word out and start collaborating. We know we are going to see differences across the country.” said Dr. Ward.

Although there’s no way of knowing exactly what results the research will yield, the possibilities of what the research could mean for the future of the cattle industry, especially from a management standpoint, are exciting.

“We deal with not the best quality of water, so there might be some ways that we could look at cows that can handle that water versus cows that can’t and maybe do some selection that way,” said Dr. Ward, “Once we get the system up and going, it’s going to be very exciting.”

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New Mexico Farm & Ranch

August 2017

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New Mexico Farm & Ranch

August 2017

Water Law

Sue-and-Settle Litigation: Gaming the System and Obstructing True Conservation

By Kent Holsinger, Esq., and Sarah Ostby

O

ver the past several years, a small cadre of environmental groups, namely, WildEarth Guardians (WEG), the Center for Biological Diversity (CBD), and the like, has flooded the U.S. legal system with sue-and-settle litigation under the Endangered Species Act (ESA), as well as the Clean Water Act and the Clean Air Act. Relying on a two-step methodology of first submitting massive listing petitions and then filing onerous sue-andsettle lawsuits, these environmental groups subject the American public to the regulatory and financial repercussions of these litigious actions—without allowing that same public to participate in the settlement process.

These lawsuits come with a big price tag at the expense of the taxpayers, who are burdened with the high costs of sue-and-settle litigation in triplicate. First, they must foot the bill of the attorney fees awarded to the environmental groups. In addition, taxpayer money funds the numerous massive settlements that conclude so many sue-and-settle lawsuits. Finally, compliance costs imposed by the resulting federal regulations further drain taxpayers’ wallets.

Thanks to these lawsuits, we have also seen an increase in federal regulation.

As discussed earlier, WEG and CBD have a long history of filing both numerous and overwhelming listing petitions with the U.S. Fish and Wildlife Service (FWS). In 2007, WEG submitted a single petition seeking to list 475 southwestern species, while another petition submitted the same year sought to list 206 species in the mountain-prairie region.

A 2013 WEG petition sought to list 81 marine species. In a single 2010 petition, CBD petitioned to list 404 species.

These mega-petitions (so termed by the U.S. Government Accountability Office) serve only to increase FWS’s workload and, by extension, the time

needed to review and subsequently make determinations on petitions. FWS has already struggled to carry out section 4 directives due to the high volume of litigation and petitions seeking to add a large number of species to the ESA. For example, in 2009 WEG sued FWS for allegedly failing to make 90-day findings on its own mega-petitions (674 species). It is not surprising that, when FWS must review and make determinations on such a large number of species at one time—in addition to any other petitions submitted to the agency—delays and missed deadlines will occur.

A surge of lawsuits followed closely on the heels of these unreasonable petitions. In a February 8, 2016, article, Robert Jackson and John Eick for the American Legislative Exchange Council reported that sue-andsettle agreements had quintupled during President Obama’s administration (compared to previous administrations). The House Committee on Natural Resources named CBD and WEG in particular, (having filed 117 and 55 lawsuits respectively during 2009–2012), as repeat offenders. Collectively, these two groups have filed roughly 1,500 lawsuits since 1990.

This trend continues. Environmental groups have seized on the inauguration of President Trump as their impetus for ramping up litigation efforts. CBD has filed or co-filed approximately 20 lawsuits against the federal government from mid-March to early June of this year alone. Many of these lawsuits have challenged executive orders or memorandums issued by President Trump in addition to Congressional Review Act bills signed by the president.

Sue-and-settle litigation is staggeringly expensive.

In a June 19, 2012, press release, the House Committee Irrigation Leader

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New Mexico Farm & Ranch

August 2017

In 2011, the WildEarth Guardians and the Center for Biological Diversity reached nonpublic settlement agreements with the U.S. Department of the Interior on a total of 878 species.

on Natural Resources reported that the federal government “defended more than 570 . . . [ESA-related] lawsuits,” which cost taxpayers “more than $15 million in attorney fees” during 2008–2012. Unfortunately, the true cost of sue-and-settle is impossible to ascertain, as neither the agencies nor the U.S. Department of Justice seems to keep track.

In the majority of sue-and-settle cases, environmental groups are awarded litigation costs, including attorneys’ fees, at the taxpayers’ expense. A plaintiff ’s statutory right to be awarded litigation fees is not the issue—the problem arises when that right is so wantonly abused, as it has been by the environmental groups. During President Obama’s administration, more than $49 million was funneled to environmental groups as a result of sue-and-settle litigation. Further, a 2011 U.S. Government Accountability Office report found that three organizations had been awarded with 41 percent of this entire sueand-settle payback from 1995 to 2010. Legislation has been repeatedly introduced (but never enacted) that would curb sue-and-settle.

In addition to the attorney fees, environmental groups like WEG and CBD often receive extensive funding from the federal government.

A review of WEG’s annual reports (available on the organization’s website) reveals that the organization’s 2016 income totaled $3,789,258, Irrigation Leader

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New Mexico Farm & Ranch

of which $800,104 was from government grants. This is an increase of $315,368 from the organization’s 2015 government grant income of $523,038. The National Resources Defense Council received at least $6.5 million in grants from the U.S. Environmental Protection Agency since 2000.

The solution to this ongoing problem may lie with increasing involvement of the American people. First, the perverse statutory incentives to litigate must be changed. Other measures, such as the Sunshine for Regulatory Decrees and Settlements Act of 2017 (SRDSA) would require notice of lawsuits and settlement agreements in order to allow the public the opportunity to comment. SRDSA would also require transparency in accounting for the true cost of sue-and-settle agreements.

Please ask your congressional delegations to address these problems and ensure that our scarce resources are spent on on-the-ground conservation work rather than needless litigation.

Holsinger Law, LLC, represents clients on lands, wildlife, and water law matters. Its work has been recognized in the Wall Street Journal, the Washington Times, CNN.com, and on National Public Radio, among many others. Kent Holsinger is the managing partner and Sarah Ostby is a paralegal at Holsinger Law, LLC. They can be reached at (303) 722-2828 or at www.holsingerlaw.com.

Article courtesy of the Irrigation Leader. The entire publicaiton can be found at waterstrategies.com

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August 2017

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New Mexico Farm & Ranch

August 2017

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New Mexico Farm & Ranch

August 2017

#Permit2Plow

By Chad Smith, NMF&LB CEO “Established farming, ranching, and silviculture activities such as plowing, seeding, (and) cultivating” are supposed to be protected by Section 404 of the Clean Water Act. Except when they’re not. That’s the lesson learned by the agricultural community when John Duarte, a wheat farmer in California was sued by the U.S. Army Corps of Engineers for plowing without a permit. Rather than bear the burden of unrealistic fines, Duarte and the Pacific Legal Foundation agreed to a $1.1 million settlement.

Can you afford $1.1 million? Daily fines in the thousands of dollars? To lose your farm or ranch? We must fight back against ridiculous environmental regulations that are endangering our way of life. One way to battle an over-reaching federal government is to utilize the system in our favor through the submission of comments.

EPA Administrator Scott Pruitt is so concerned about implementation of proposed Waters of the U.S. regulations that he has extended the comment period to September 27th and we should take advantage of this second chance. Don’t know how to express your concerns? Here are some bullet points: • Exceeds the Agencies’ power under the Clean Water Act by asserting federal jurisdiction over remote, isolated

wetlands and land where water only flows when it rains.

• Improperly reads the word “navigable” out of the statute.

• Creates enormous uncertainty and confusion for both regulators and the public.

• Is so vague that it raises significant constitutional concerns.

• Is contrary to the policies of the Clean Water Act, including the Act’s policy to “recognize, preserve, and protect the primary responsibilities and rights of States to prevent, reduce, and eliminate pollution.”

We have flagged several defects in the rule, including that it exceeds EPA’s statutory authority, imposes burdensome regulatory uncertainty, was finalized in violation of mandatory procedural requirements designed to ensure a well-informed result, and is otherwise unlawful. A re-evaluation is an important first step toward developing a new WOTUS that will protect water quality while also promoting economic growth, minimizing regulatory uncertainty, and respecting the proper roles of Congress and the states.

It is imperative that the agricultural community speak up on this issue. We’ve been given a second chance, it should not go to waste. Please go here to comment https://www.regulations.gov/comment?D=EPA-HQ-OW-2017-0203-0001

“NAFTA” from pg 4 gers markets once thought to be predictable. It might even lead us to change what we grow. But one thing it almost always does is give America’s highly productive and efficient farmers and ranchers an edge in the global economy. It reflects one of the most positive aspects of farmers the world over: our ability to come together and find strength in our differences. It drives growth in our industry and expands access to safe and sustainable products at home and abroad.

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New Mexico Farm & Ranch

August 2017

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New Mexico Farm & Ranch

August 2017

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NEW MEXICO FARM & LIVESTOCK BUREAU Since 1917 . . . a Leader in New Mexico

ISSN 0028-6192 2220 N. TELSHOR BLVD. • LAS CRUCES, NM 88011 575.532.4700 • FAX: 575.532.4710 PUBLISHER: New Mexico Farm and Livestock Bureau New Mexico Farm & Ranch is published monthly. Yearly subscription is $24.00.

New Mexico Farm and Livestock Bureau members receive a complimentary subscription with yearly dues.

U.S. Postage PAID, bulk rate, PERMIT #31, Las Cruces, NM 88001. FORWARDING/RETURN POSTAGE GUARANTEED, ADDRESS CORRECTION REQUESTED. OFFICERS Craig Ogden President, Loving Larry Reagan 1st Vice President, Ft. Sumner Boe Lopez 2nd Vice President, Springer Mike White Past President, Dexter Page 12

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New Mexico Farm & Ranch

Chad Smith Chief Executive Officer

BOARD OF DIRECTORS Burl Brown, Des Moines Bud Deerman, La Mesa Jim Ellett, Hope Duane Frost, Claunch Anita Hand, Datil Gary Hathorn, Flora Vista Leon Hemann, McDonald Jay Hill, Mesilla Park George Jackson, Lordsburg John Jackson, Lake Arthur Janet Jarratt, Los Lunas Deena Kinman, Elida Matt Lansford, Clovis Danielle Lowry, Albuquerque Donald Martinez, El Rito Tommy Ortiz, Las Vegas Troy Sauble, Maxwell Paula Sichler, San Antonio John Sweetser, Deming Tom Wilton, Ft. Sumner Anita Hand, Chair Women’s Leadership Committee Danielle Lowry, Chair Young Farmer & Rancher Committee

REGIONAL DIRECTORS Tanner Anderson, Portales Matthew Gonzales, Cimarron Valerie Huerta, Santa Cruz Benjie Segovia, Las Cruces Cheryl Butterfield Northern Director, Ag in the Classroom Traci Curry Southern Director, Ag in the Classroom Francisco Hatay Marketing Coordinator Dalene Hodnett Director of Communications and Media Relations Cecilia Diaz Johnson Bookkeeper Theresa Widner Director of Membership Services

August 2017