Farm Bureau Sues Agencies

September 29, 2000

The California Farm Bureau Federation has filed suit against a group of state and federal agencies seeking an immediate halt to land and water purchases by the agencies, known as the Cal-Fed Bay-Delta Program. Farm Bureau says Cal-Fed has not addressed adequately the program’s significant negative environmental impact on the state’s agriculture.

In addition, the suit alleges, Cal-Fed’s program does not recognize the contributions to wildlife and habitat that are already made by many working farms.

Plaintiffs in the suit are the California Farm Bureau Federation and Fresno County Farm Bureau members Ted Sheely of Lemoore and Debbie Jacobsen and Don Laub of Fresno. The suit was filed in U.S. District Court in Fresno, and names as defendants the heads of the federal and state government agencies comprising Cal-Fed. The program was created to find long-term solutions to environmental and water problems in the Sacramento-San Joaquin Delta and San Francisco Bay.

"California farmland is an environmental resource with worldwide importance," said California Farm Bureau President Bill Pauli. "Cal-Fed seeks to acquire approximately a million acres of farmland and hundreds of thousands of acre-feet of water. Both actions will cause significant environmental impacts in our state's rural areas, often with very few positive contributions to the preservation of endangered species."

The lawsuit says both federal and state environmental laws require government agencies to consider significant impacts on agriculture but that Cal-Fed has not done so.

"We really didn't want to file a lawsuit," Pauli said, "but it is our only chance to prevent a massive and unnecessary loss of farmland. Farm Bureau offered specific suggestions for reducing the loss of farmland while preserving water resources that are vital to all Californians. The Cal-Fed plan simply doesn't recognize the environmental benefits of maintaining farmland in production."

Cal-Fed filed a "record of decision" in late August, an action that certified federal and state environmental reports and precluded further public comment on the Cal-Fed plan.

The Farm Bureau lawsuit points out that agricultural land and water are critical environmental resources which produce food and fiber, and that they have a value at least equal to those of open-space land and wildlife habitat.

"All Californians benefit from continued agricultural productivity. Many benefit directly because their jobs are tied to farm production, and others enjoy the fruits of the land through lower food bills," Pauli said. "And we must remember that well-managed farmland provides habitat for many creatures. Farmers stand ready to enhance the habitat benefits of their land in partnership with Cal-Fed and its member agencies."

Such partnerships, he said, would avoid unnecessary harm to farmers whose land would be directly or indirectly affected by ecosystem-restoration work.

The individual farmers joining Farm Bureau in the lawsuit claim they face the prospect of less reliable and more expensive water as a result of Cal-Fed actions. Ted Sheely farms pistachios, cotton, tomatoes and garlic in Kings and Fresno counties. Debbie Jacobsen and her father Don Laub grow grapes in Fresno County.