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Organic watchdog sues USDA

(Monday, April 17, 2006 - CropChoice news) --

1. Organic watchdog sues USDA
2. The farm crisis & corporate profits
3. The politics of power

1. Organic watchdog sues USDA
Cornucopia Institute seeks records on lack of organic food standards enforcement

4/12/06

FOR IMMEDIATE RELEASE

Contact: Will Fantle, 715-839-7731
Gary Cox, 614-233-4850

CORNUCOPIA, WI: The Cornucopia Institute has filed a lawsuit in federal court seeking to compel the USDA to provide public records sought through several Freedom of Information Act (FOIA) requests. The Institute is a Wisconsin-based farm policy research group and organic food watchdog.

"We have gone into federal court because the USDA has been unwilling to provide us with important records that would help us and our farmer-members and consumers understand why the USDA has delayed enforcement of key federal organic farming standards for five years," said Will Fantle, the Institute's Research Director. "These are documents that they are obligated, by law, to share with the public."

At issue is the record of correspondence and discussions that have taken place at the USDA between USDA staff and corporate lobbyists, farm organizations, and the public, concerning the requirement that organic dairy cows have access to pasture and obtain a significant portion of their feed from grazing.

The lawsuit comes amidst a growing national debate occurring in the organic farming community over the rise of factory farms in organic dairying, milking 2000 to 6000 cows in confinement-type conditions, that provide little if any pasture for their milk cows. Public interest groups and farmers have accused the USDA of purposefully ignoring the matter for years-a fact that has allowed these gigantic farms to proliferate and gain a growing foothold in the booming organic marketplace.

"We know that powerful companies like Dean Foods, the owner of the Horizon organic dairy brand, spent hundreds of thousands of dollars lobbying the USDA last year," said Fantle. "This company and the factory farms they are procuring organic milk from are financially benefiting from USDA footdragging on this matter."

When the National Organic Standards Board was ready to close loopholes and tighten federal organic rules in August 2005, staff at the USDA unexpectedly and without explanation blocked action by their expert advisory panel.

"We smell a rat," said Fantle, "and we want to see if there are corporate fingerprints on the USDA's critical policy reversal."

Three FOIA requests, filed since August 2005, have never been complied with by the USDA. The agency released some documents in response to a fourth FOIA request but withheld several others, without explanation, prompting an appeal from the Institute that is also now part of the federal lawsuit.

"We expect USDA to honor the letter of the law in a timely fashion, something they have yet to do," said Gary Cox, counsel for the Institute.

"Transparency is important in government if the public is to have faith in its decisions," Cox added. "And transparency is doubly important in organic agriculture, where consumers care deeply about their food and how it is produced."

Fantle noted that frustration with USDA inaction led Cornucopia to more closely investigate the organic dairy industry and what goes into the dairy foods being sold to the consumer. Their recently released report, Maintaining the Integrity of Organic Milk, and accompanying scorecard, based on a year of research, ranks 68 different retail organic dairy brands and measures the organic ethics and integrity involved in their production.

"If the USDA is reluctant to enforce organic regulations, we believe consumers should know which brands represent their ethics and values," explained Fantle. "Our scorecard spotlights the heroes and identifies companies that are cutting corners."

The report is available on the group's Web page at www.cornucopia.org.

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The Cornucopia Institute, a nonprofit farm policy research group, is dedicated to the fight for economic justice for the family-scale farming community. Their Organic Integrity Project acts as a corporate and governmental watchdog assuring that no compromises to the credibility of organic farming methods and the food it produces are made in the pursuit of profit.

2. The farm crisis & corporate profits
A report by Canada's National Farmers Union

Date: April 8, 2006 11:39:57 AM HST
http://www.nfu.ca/new/corporate_profits.pdf

The farm income crisis has reached excruciating intensity. For Canadian farm families and their net incomes, 2004 was the second-worst year in history. But for agribusiness, 2004 was the best year in history. Is there a link? This report uses 2004 as a case study and takes a detailed look at the profitability of the dominant agribusiness corporations. This report follows the money.

These worse-than-the-Depression net incomes have driven farmers off the land -- cutting their number by 11% in the five years between the latest agricultural censuses (1996 and 2001). If this rate of loss persists (and it is probably accelerating), it will cut the current number of farmers in half by 2025. And the negative effects are not confined to our farms. Many rural communities are withering. After more than a century of developing and populating rural Canada, today we're boarding up stores, closing schools, and ripping up railway tracks. The Canadian economy suffers as it loses the profits from food production. Taxpayers suffer as they are made to pay four to five billion dollars per year to support farmers. And the country suffers as these billions are taken away from education, healthcare, environmental protection, the arts, and infrastructure. All parts of Canadian society suffer as a result of this unprecedented disintegration of the systems that previously returned adequate prices, revenues, and profits to the families and communities that produce our food.

The best of times

Clearly, our family farms are in crisis. But to understand this crisis, we must understand these farms in their economic context -- as the central link in an agri-food chain that reaches from energy, fertilizer, seed, and chemical companies and banks at one end, to processors, packers, retailers, and restaurants at the other. Our agri-food chain extends from the oil well to the drive-through window. Compared to our family farms, the profit picture for the other links in the chain could not be more different. For the agribusiness corporations dominant in Canada, 2004 was the best year in history; overall, profits hit record highs. Of the 75 companies profiled in the following pages and for which profit data is available, 41 posted record profits, and another 16 had near-record profits or their second- or third-best year ever. Thus, 57 of 75 companies -- 76% -- had their best year, or nearly their best. None of the listed corporations experienced a record or near-record loss. No other sector experienced losses overall, and certainly none experienced losses comparable to those of farmers. 2004 was as good for agribusiness as it was bad for farmers.

Farmers' 2004 Return on Equity from the markets was negative 5.09% (see "Farmers' profits" sidebar on page 3). Their ROE rate was similarly negative in 2003, and will be again negative in 2005. And farmers' ROE from the markets has been negative in every year of the last 20. Overall, Canadian farmers have not earned a single dollar of profits from the markets since 1984. Over the same period, agribusiness has accumulated profits almost certainly reaching into the trillions.

How their good times create our bad times

"The free market is a myth. Everybody knows that. Just very few people say it . . . . [I]f I'm not smart enough to know there's no free market, I ought to be fired. . . . You can't have farming on a total laissez-faire system because the sellers are too weak and the buyers are too strong." --Dwayne Andreas, CEO of Archer Daniels Midland Corporation.

In 2004, agribusiness posted record profits while farmers shouldered near-record losses. How come? In the past, the NFU has said simply that the farm crisis is caused by an imbalance in market power that creates a parallel imbalance in the allocation of profits within the agri-food chain; farmers are making too little because powerful corporations are taking too much. This report goes further -- listing and analyzing many of the mechanisms that agribusiness uses to extract ever-increasing revenues and profits at the expense of farmers. Such an analysis of mechanisms is essential to any process of public policy reform that seeks to restore farm profitability.

Many economists dead wrong about farm crisis

To some economists, what we call the farm crisis is just the normal evolution of the sector -- better technology leads to larger and more efficient, but fewer, farms. In this view, the expulsion of farmers is unavoidable short-term pain leading to long-term gain.

This view might be defensible if the restructuring led to prosperity for the large, high-tech farmers who remain. But it does not. Figure 1 shows that net farm incomes for the past 20 years have been far below "normal" levels -- essentially zero. Economists' "evolution of the sector" assessment fails to predict or explain the massive shift in profitability from farmers to agribusiness.

This shift in profitability begs explanation because it came at a time of rapid farm expansion, efficiency gains, and technology adoption. Economists should ponder whether getting bigger and purchasing more technology will move farmers out of the crisis, or deeper in.

As noted earlier, farmers' marketing agencies are under attack in the marketplace and at the trade table. The World Trade Organization agreement and other trade agreements are entrenching Intellectual Property Rights (IPR) protections -- patents, trademarks, and Plant Breeders' Rights -- around the world. At the same time, though, the dominant nations at the trade tables (spurred by the agendas of the dominant corporate players) seem bent on using the talks and agreements to destroy farmers' collective- marketing agencies, such as the Canadian Wheat Board and our supply-management systems for poultry, eggs, and milk. Thus, global trade agreements are focused on the seemingly contradictory ends of destroying farmers' single-desk selling agencies and proliferating comparable single-desk powers for the dominant seed, gene, chemical, and veterinary drug companies. Monsanto's gene monopolies must be respected everywhere, while the Canadian Wheat Board's monopoly powers must be terminated.

The reason given for attacking farmers' collective-marketing agencies? They create "market distortions." But with OPEC at one end of the agri-food chain and Wal-Mart at the other end, the task of eradicating market distortion would seem a daunting one. And with farmers' prices and profits at all- time lows and agribusiness prices and profits at all-time highs, the question is: In the virtuous crusade to rid our markets of all distortions, must our first task be to make farmers surrender their marketing agencies? Might we not better start with Monsanto's patents or OPEC's cartel? A cynic might even suggest that the surest way to predict whether a trade agreement will entrench or target a given "market distortion" would be to ask whether that distortion adds to or subtracts from the profitability of the world's dominant corporations.

Conclusion

Agribusiness corporations use a vast array of techniques to suppress competition and maximize their profits. This report documents their tremendous success: their profits are at record levels. But some policy makers and even some farmers may still resist the assertion that this aggressive extraction of revenues and profits causes the farm income crisis. Let's examine a few economic indicators:

  • Canadian farmers operate in one of the richest, most stable food economies in the world;
  • For over four decades, farmers have posted unmatched, economy-leading efficiency gains;
  • Farmers' costs-per-unit are at record lows;
  • Wages in the sector are at all-time lows (often zero, with farm families surviving on off-farm income);
  • Per-acre, per-worker, and per-farm production are all at record highs;
  • Canadian food exports (and worldwide demand for food imports) are at or near record highs;
  • Global demand is at a record level (food consumption and spending in 2004 hit all-time highs);
  • Supplies are tight and falling (we have drawn down global grain reserves by 42% in just six years);
  • Global per-capita food production is falling, and it has been since 1980, and
  • Non-agricultural food sources, such as fish, are also becoming scarcer.

Thus, amid record-high demand, economy-topping efficiency, record-low costs, and consumption outstripping production, farmers have posted their largest losses in history. And agribusiness corporations have posted their largest profits. These facts are compatible with only one explanation of the farm crisis: the rewards of farmer productivity, efficiency, and cost-cutting are being seized by more-powerful players in the agri-food chain. Farmers are being plundered and liquidated. Farmers' profits haven't just disappeared; they've been taken. The farm crisis didn't just happen; it was caused. The family farm isn't dying; it's being killed. And the perpetrations of this destruction are the agribusiness corporations who are using their market power to extract profits that would otherwise end up on our farms. Farmers can't make a living because agribusiness giants insist on making a killing.

In the hope that our elected leaders will begin to speak the truth about the causes of the farm crisis, in the hope that those leaders will have the courage to act in accord with that truth, in the hope that agribusiness will be restrained from its plunder of our farms and communities, and on behalf of farm families around the world, respectfully submitted by the National Farmers Union.

3. The politics of power:
Ethanol more on the minds of lawmakers

BEN SHOUSE
bshouse@argusleader.com
Article Published: 03/27/06

If ethanol is the poster boy for renewable energy, wind power is the red-headed stepchild.

Ethanol has support from feisty corn growers, virtually every Midwest political officeholder and any presidential candidate who cares to compete in the Iowa caucus. It even has a sinister archenemy: the specter of foreign oil dependency. Wind, though farmers usually support it, does not raise crop prices and faces complicated hurdles such as lack of electric transmission. Its competition is coal and natural gas, which are mostly produced in the United States. Partly as a result, ethanol is roughly 2 percent of the nation's highway fuel supply, but wind accounts for 0.2 percent of its electricity.

The political disparity continued last year: Congress enacted a national mandate for ethanol but rejected one for wind. Both energy sources get tax breaks, but Congress insists on extending wind's tax credit for only one or two years at a time - a policy one advocate calls "a good way to kill an industry." "Wind energy has a lot of political support, but it is not as widely scattered, it's not as strong as ethanol. Ethanol's real strong and has a lot of money behind it," said Jaime Steve of the American Wind Energy Association in Washington. Political support could invigorate the state's lagging industry and send renewable, relatively low-cost energy to the upper Great Plains. But some doubt that wind energy can ride the same farmland groundswell that propelled ethanol. Sen. John Thune, R-S.D., said the state's farmers could be "the sheiks and mullahs of wind." But he pointed out that the technology is not as mature and that dependence on foreign oil is more of a crisis than dependence on foreign fuel for electricity. He also said political support for wind is narrower. Legislation to support wind is "definitely on the wish list," but "I will be working very aggressively, as I have for some time, on the fuels issue."

Wind potential might pay off for farmers

The potential for wind has been demonstrated elsewhere. Germany and Denmark mandate a higher price for wind, and those nations get about 20 percent of their electricity from turbines. The benefits to U.S. farmers are clear. They get easement payments when they sign their land up for a new wind farm, and they get lease payments once it's built. Lease payments can reach $3,000 or $4,000 per turbine each year. And the turbine owners pay property taxes that benefit local schools and roads - $250,000 in the case of South Dakota's only large wind farm, a 27-turbine complex near Highmore. "What those seven turbines bring us in, in money, equates to renting out about six quarters of land," said LeRoy Ratzlaff, a rancher who is host to part of the wind farm. "It's something everyone would like to have. "The one downside we had is they affect our television reception a little bit when they run at very low speed. But we signed up for satellite TV." Ratzlaff said he's not sure how quickly his luck might spread to the rest of the state.

Many in the industry say a real surge would require a longer extension of the federal production tax credit, which gives most wind farms an extra 1.9 cents per kilowatt-hour. Sen. Tim Johnson, D-S.D., said "the politics of tax breaks" is behind the brief extensions that plague the wind credit.

"I think the short duration is due chiefly to the fact that Congress - particularly the Republican leadership, to be very blunt - is trying to maximize the number of tax cuts that they can create," Johnson said.

Reliable tax credit could boost industry

The fickle tax credit has caused a striking boom-and-bust cycle in the industry. Since 1999, odd-numbered years have seen big jumps in new turbines, and even-numbered years have seen big dives. The industry predicts 2006 will be the first year to break that cycle, but the prospect for the five-year renewal it wants are sketchy.

"I've seen the movie four times. It always ends the same way. There are a number of reasons. ... Some of them are logical, most of them are illogical," said Steve of the American Wind Energy Association. "If Congress is investing taxpayer dollars, it makes sense for them to re-examine those policies every so often, because we don't want to waste them. That makes sense." But other reasons are mostly political, he said.

He agreed with Johnson's comment about maximizing tax cuts, for example. Plus he said a longer renewal could weaken support from activist groups such as his. "You're not showing up at their fund-raising events, you're not contributing to their campaigns."

There are other issues, especially with federal agencies that govern electricity transmission. But Rep. Stephanie Herseth, D-S.D., said the tax credit is the most important political issue facing wind development. "We're just not at the stage of having made such a significant commitment to wind yet that there can be any significant movement on the regulatory front," she said after a speech about energy last month in Sioux Falls. Still, some are starting to push federal agencies to take steps to open the nation's transmission system to wind.

Johnson, along with 19 other senators, wrote to the Federal Energy Regulatory Commission last month asking it to ban excessive charges that discourage wind energy more than conventional sources. These "imbalance charges" penalize a generating company if it deviates from its scheduled delivery of power. Wind, because it is much less predictable than coal or natural gas, is more vulnerable to these charges. In some cases, the penalty can be greater than the value of the energy being transmitted. Wind advocates call that "discriminatory," but some in the industry say it's necessary to prevent "gaming." For example, a generating company could schedule a power delivery, then intentionally fail to deliver. That would leave the system operator with an unexpected shortage and the company with a chance to sell power at an inflated price. Without substantial penalties, that could mean profit for the company at the expense of grid reliability.

Better lines needed for better access

Even if wind developers had better access to transmission lines, they would need improvements or even new lines in order to build new wind farms in South Dakota. One new federal policy could make that happen. Enacted as part of last year's Energy Policy Act, the policy lets the Department of Energy create "national interest electric transmission corridors." That might cut through the red tape of multistate projects, but it is not clear how aggressively the policy will be applied.

Another regulatory obstacle is the unresolved issue of who should pay for transmission upgrades.

Normally, any upgrades that benefit the entire transmission system may be passed on to consumers. But if an upgrade benefits only the developer of a new wind farm, for example, that developer would pay. A utility in Southern California tried to build a "renewable resource trunk facility" last year, arguing that it would benefit all users by opening up the windy Tehachapi region. But the Federal Energy Regulatory Commission denied the request to roll the costs into electric bills.

South Dakota laws support wind power

South Dakota state laws have recently turned favorable for wind, but some want politicians to go farther.

In the early years of wind energy, South Dakota charged full property taxes on wind turbines, while other states were promoting wind with tax breaks. That, along with their larger base of consumers, has so far spurred construction of 836 megawatts in Iowa and 744 in Minnesota. A megawatt of wind energy is enough to power 225 to 300 typical American homes.

The tax picture changed in 2003, and later that year, the Highmore wind farm started cranking out 40 megawatts of power. Developers have another 50 to 100 megawatts planned by 2007. Last year, the Legislature created an energy infrastructure authority, with the ability to build a new transmission line if necessary. This year, it allowed utilities such as Xcel Energy to more easily pass the cost of transmission upgrades on to customers.

Doug Sombke of Conde, president of the South Dakota Farmers Union, said the state still needs to do more. That includes requiring electricity generators to produce a minimum percentage of their energy from renewables and working with other states to build new transmission lines. But he said support for nationwide changes is crucial at this stage.

"Our nation hasn't done a project like upgrading our electric grid since the 1950s - since we had the hydro energy. And what you're going to find is everyone is going to tell you it can't be done, it's too expensive," he said. But even the Farmers Union's rival group, the South Dakota Farm Bureau, agrees that transformation is necessary.

"If South Dakota is going to get its fair share of what the Department of Energy says we need to be producing from wind, then we need to build 50 or 100 Highmore wind farms in the next 15 years," said Mike Held, the bureau's executive director. "A very tall order."

Perhaps the only force capable of filling that order is political unity among farmers. For proof that that can work, look no further than ethanol.

Reach Ben Shouse at 331-2318.

For other energy stories, go to: http://www.argusleader.com/apps/pbcs.dll/article?AID=/20060326/NEWS/603260345/1001