EU Moves to Completely Ban Pesticides That Harm Bees

Associated Press writer Raf Casert reported late last week that, “The European Union made a key breakthrough on Friday to completely ban pesticides that harm bees and their crop pollination.

“The 28 member states got a large majority, representing some three-quarters of its population, backing the ban on the three prevalent neonicotinoid pesticides which will take effect at the end of the year. The decision builds on a limited ban which has been in effect since 2013.”

The article stated that, “Over the past several years, there’s been an alarming drop in bee populations and there were fears it would start to seriously affect crop production since bees are necessary for the spread of pollen and reproduction.

“The EU says it used a scientific review to identify pesticides as one of the factors causing the decline along with disease and climate change among others.

“Swiss agribusiness company Syngenta called the decision ‘disappointing‘ and added that ‘evidence clearly shows that neonicotinoids pose a minimum threat to bee health compared to a lack of food, diseases and cold weather.'”

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Malting Startups in Nebraska Working With Barley Growers

Paul Hammel reported last week at the Omaha World-Herald Online that, “Like the pioneers of old, Zach Davy and his business partner, Bill Hall, are stepping into virgin territory in Nebraska.

“And they are discovering that in plowing new ground, you hit a few stumps.

“In an out-of-the-way warehouse off Interstate 80 in Omaha, the partners are establishing a malthouse, a place where grains of barley are transformed into the toasted crop that gives beer its, well, fine malty taste.”

The article noted that, “From an initial 6 acres of barley grown on Davy’s family farm near Lynch, Nebraska, they now have nine farmers who are tilling 140 acres of both winter and spring barley for them.”

Mr. Hammel added, “A handful of craft breweries in Omaha and Lincoln are ready to use their malt, and two guys who met at an Omaha church gathering think their malting startup might just turn into something.”

“They aren’t the only ones trying to establish a barley malting beachhead in Nebraska. Blue Blood Brewing in Lincoln has an offshoot called Nebraska Malt, which has 10 growers tilling varieties like two-row, pale and pils barley,” the World-Herad article said.

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Hog Farm Neighbors Awarded $50 Million In Nuisance Case in North Carolina

Wall Street Journal writer Maria Armental reported yesterday that, “A North Carolina jury on Thursday reached an unanimous verdict against pork producer Murphy-Brown LLC in a landmark case that could pave the way for more nuisance lawsuits against large-scale livestock operations.

“The company plans to appeal.

“In all, jurors awarded more than $50 million to 10 plaintiffs who live near the hog farm, setting compensatory damages at $75,000 and punitive damages at $5 million for each plaintiff.”

The Journal article pointed out that, “The plaintiffs accused Murphy-Brown of failing to take necessary steps to eliminate obnoxious, recurrent odors and other causes of nuisance, including pests that periodically plagued their properties.

“Thursday’s jury verdict in North Carolina federal court is the first in a series of lawsuits against Murphy-Brown, the North Carolina-based subsidiary of China’s WH Group, the world’s largest pork producer which bought the U.S.’s Smithfield Foods in 2013.

“A second so-called bellwether case is slated to go to trial next month.”

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Soaring Costs of Building Materials Impacting Home Buyers

Bloomberg writer Vince Golle reported this week that, “The U.S. housing market’s storyline for the last several years has been one of steady demand and limited supply, pushing prices ever higher. Now, a new chapter has opened up for the industry and its customers: soaring costs for building materials.

“Reports on Tuesday underscored both resilient purchase activity and accelerating home prices. The S&P CoreLogic Case-Shiller index showed property values in 20 major U.S. cities climbed 6.8 percent in February, the biggest year-over-year gain since June 2014. Government data revealed a faster-than-projected rate of new-home sales in March and huge upward revisions to the prior two months.

“Inventories of previously owned homes are plumbing the lowest levels in at least 19 years, a key reason why resilient demand by itself has fueled price appreciation that’s extending to the new-homes market. Now, with the costs of lumber and other building materials soaring together, buyers are unlikely to see any relief for some time.”

The Bloomberg article added that, “The cost of materials is important because everything from the laying the foundation to framing to painting represents the largest share of a typical single-family home purchase, according to an annual survey by the National Association of Home Builders.”

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Heitkamp, Collins Introduce Bipartisan Bill to Support Young & Beginning Farmers and Ranchers

A news release today from Sen. Heidi Heitkamp (D., N.D.) stated that, “U.S. Senators [Heitkamp] and Susan Collins (R., ME) today introduced a bipartisan bill to support programs that help new and beginning farmers and ranchers enter and remain in the industry, build the next generation of farmers, and feed the country and the world.

“The Next Generation in Agriculture Act aims to ensure a younger generation of agriculture workers have the education and support they need to begin a career in farming and ranching. Heitkamp, a member of the U.S. Senate Agriculture Committee, is pushing to incorporate the legislation into the next Farm Bill.

“The average age of a farmer is 57 years old in both North Dakota and Maine, according to the U.S. Department of Agriculture. Across the country, the share of farmers age 65 and older has increased from 14 percent in 1945, to more than 31 percent in 2012. The percentage of new farmers has declined since 1982, and without efforts to cultivate the next generation of farmers, rural economies could suffer.”

The release indicated that, “The Next Generation in Agriculture Act would give the U.S. Department of Agriculture (USDA) more resources to help young and beginning farmers become established in the field of agriculture. Specifically, the bill would:

 ·         Extend the Beginning Farmer and Rancher Development (BFRD) program beyond 2018, and would increase the USDA’s support for the program to $30 million in fiscal years 2019-2020, $40 million for fiscal years 2021-2022, and $50 million for fiscal year 2023 and each fiscal year thereafter.

 ·         Emphasize areas of the BFRD program that would include farmers and ranchers who are looking to transition their farming operation to a young or beginning farmer.

 ·         Change the definition in the crop insurance title to define a beginning farmer and rancher as having farmed less than 10 years opposed to 5.

 ·         Create a permanent National Beginning Farmer and Rancher Coordinator and Agricultural Youth Coordinator at the USDA, and direct state USDA offices to designate an employee as the state beginning farmer and rancher coordinator.

 ·         Direct the Secretary of Agriculture to establish a next generation agriculture technology challenge competition to provide an incentive for the development of innovative technology that removes barriers to entry in the marketplace for beginning farmers and ranchers.”

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Lawyers Wrap Up Case Against Industrial-Scale Hog Producers in North Carolina

The Associated Press reported yesterday that, “Industrial-scale hog producers knew for decades that noxious smells from open-air sewage pits tormented neighbors but didn’t change their livestock-raising methods to keep production costs low, the lawyer for farm neighbors told jurors in a federal lawsuit Tuesday.

“The first in a series of federal suits raising accusations of nauseating hog operations in eastern North Carolina headed to a 10-member jury after attorneys summarized the evidence presented at a three-week civil trial. The test case involved 10 neighbors of one, 15,000-hog operation producing an estimated 76 tons of waste per day.

“More than 500 neighbors in nearly two dozen lawsuits contend they have suffered for decades from open-air cesspools that afflict them with intense, putrid smells that can’t even be removed from clothing. The lawsuits targeted the hog-production division of Virginia-based Smithfield Foods, which uses strict contracts to dictate how farm operators raise livestock that Smithfield owns. Smithfield was bought in 2013 by China’s WH Group, the world’s largest pork producer.”

The AP article noted that, “Smithfield attorney Mark Anderson said it’s too soon to herald new technologies, which haven’t proven particularly effective in North Carolina. He told jurors the smells, traffic and noise don’t hurt neighbors’ ability to enjoy their own property. And before lawyers came looking for a payday, any complaints were negotiated by operators and neighbors between friendly greetings, he said.

“‘Why are they suing Smithfield? They’re suing Smithfield because Smithfield is a big company,’ said Anderson, who practices in Raleigh and New York City. Jurors should reject the plaintiffs’ ‘anti-agriculture, anti-corporation‘ rhetoric.”

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Farm Service Agency Makes Administrative Change to the Livestock Indemnity Program

A news release on Tuesday from USDA’s Farm Service Agency (FSA) stated that, “Starting today, agricultural producers who have lost livestock to disease, resulting from a weather disaster, have an additional way to become eligible for a key U.S. Department of Agriculture (USDA) disaster assistance program. USDA Under Secretary for Farm Production and Conservation Bill Northey announced an administrative clarification nationwide to the Livestock Indemnity Program. In the event of disease, this change by [FSA] authorizes local FSA county committees to accept veterinarian certifications that livestock deaths were directly related to adverse weather and unpreventable through good animal husbandry and management. The committees may then use this certification to allow eligibility for producers on a case-by-case basis for LIP.

“‘This change is part of USDA’s broader effort to better serve America’s farmers, ranchers and foresters through flexible and effective programs,’ said Northey, who is in Texas today visiting with ranchers impacted by drought and wildfire. ‘America’s farmers feed our nation and much of the world, and throughout history they have known good years and bad years. But when disaster strikes, USDA is ready to step in and help.’

“LIP provides benefits to agricultural producers for livestock deaths in excess of normal mortality caused by adverse weather, disease or by attacks by animals reintroduced into the wild by the federal government. Eligible weather events include earthquakes, hail, tornadoes, hurricanes, storms, blizzard and flooding.”

The FSA update added that, “Producers interested in LIP or other USDA disaster assistance programs should contact their local USDA service center.”

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Corn Planting Begins In Illinois

Jeff Brown reported yesterday at FarmWeekNow.com that, “Illinois farmers have officially begun corn planting, according to USDA’s crop progress report released Monday afternoon. The weekly report tracked the state’s corn planting at 4 percent complete, the first measurable progress of the season.

“Last year at this time, Illinois corn planting was 30 percent complete.

“Temperatures remain well below normal, however, and FarmWeek CropWatcher Randy Anderson said most farmers in his area focused on getting caught up on other fieldwork chores.”

Mr. Brown added that, “Last week’s average statewide temperature was nearly 11 degrees below average. Soil temperatures also remain on the low side.”

Yesterday’s update also noted that in Illinois, “The percentage of the wheat crop rated poor or very poor dropped from 12 percent to 7 percent.”

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Middleman Business Connects Consumers with Farmers to Deliver Fresh Produce

Barbara Soderlin reported yesterday at The Omaha World-Herald Online that, “Melissa Young doesn’t have to get her shoes muddy or leave her Omaha corporate office job to get farm-fresh produce for her family’s dinner.

“And Ryan Pekarek, the farmer who grows some of that produce near Dwight, northwest of Lincoln, doesn’t have to deliver his vegetables to Omaha or shop his product around to city dwellers.

“The farmer and the urban customer connect thanks to Lincoln-based Lone Tree Foods, a middleman business that is bringing a new service to the Omaha market this spring after a competitor, Tomato Tomato, went out of business.”

The World-Herald article noted that, “Lone Tree already serves Omaha restaurants and supermarkets, and this year it is going direct to consumers by adding its own weekly subscription box service, the Nebraska Box. That’s what Young buys.

“Whether Lone Tree succeeds where Tomato Tomato struggled will depend in part on whether there is enough demand from people like Young to cover the higher costs of distributing local foods, a farm economist said.”

Ms. Soderlin added, “The company expects that fast, early growth to slow, and is now looking to diversify by expanding the subscription box program. Customers have two choices in the program: the veggie share for $25 a week, and the supreme share for $37.50, including meat, cheese and eggs.”

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Climate Change Litigation by Local Governments Seeks Remedies for Adverse Impacts- Including Agriculture

John Schwartz reported last week at The New York Times Online that, “Until recently, communities suing fossil fuel companies over the costs of climate change have been located on the coasts: cities and counties in California, and New York City. But now, the litigation has jumped inland.

“Boulder and San Miguel Counties in Colorado, along with the city of Boulder, filed a lawsuit on Tuesday against two oil companies, Exxon Mobil and Suncor Energy, the Canadian giant. The suit, filed in state court, argues that fossil fuels sold by the companies contribute to climate change, which in turn has exacerbated wildfires, droughts, severe storms and other symptoms of a warming planet that have far-ranging effects on agriculture and tourism.

“Dealing with these climate-related issues, the suit says, places a burden on local governments. ‘Our communities and our taxpayers should not shoulder the cost of climate change adaptation alone,’ said Suzanne Jones, Boulder’s mayor. ‘These oil companies need to pay their fair share.'”

The Times article noted that, “The earlier lawsuits have largely focused on the obvious link between climate change, namely rising sea levels and damage to infrastructure. This new climate suit, far from the coasts, suggests that more communities around the country might take on energy companies in court.  Each case could mean billions of dollars in damages.”

Mr. Schwartz explained, “The state-level climate lawsuits focus on the area of nuisance under common law, which allows courts to hold parties responsible for actions that interfere with the use of property.

“Attempts at the federal-court level to use nuisance in climate change litigation, in cases such as American Electric Power v. Connecticut, have been unsuccessful. In a unanimous 2011 decision, the Supreme Court said that the Clean Air Act displaced the federal common law of nuisance, leaving enforcement and regulation to the Environmental Protection Agency.

“The new wave of cases relies on the nuisance doctrine at the state level, working from the theory that state common law has not been similarly displaced. The companies, understandably, have tried to get the cases moved to federal court, with mixed success.”

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