May 1, 2015
CapitalPress.com
13
High court justices voice doubts about raisin program
By SAM HANANEL
Associated Press
WASHINGTON
(AP)
— A post-World War II-era
program that forces raisin
producers to give part of their
annual crop to the govern-
ment could soon be a relic of
history.
Several Supreme Court
justices expressed doubts
April 22 that federal officials
can legally take raisins away
from farmers without full
payment even if the goal is
to help boost overall market
prices.
Two California farmers
claim the program is prohibit-
ed by the Constitution, which
forbids the taking of private
property without “just com-
pensation.”
During a one-hour argu-
ment, most of the justices
seemed to agree. Justice An-
tonin Scalia compared it to
old-style Russian central plan-
ning, while Justice Elena Ka-
gan called it a “weird historical
anomaly.”
Chief Justice John Roberts
noted that most other farm reg-
ulatory programs try to limit
how much of a crop farmers
can grow, as opposed to taking
away produce already harvest-
ed.
“This is different because
you come up with the truck
and you get the shovels and
you take their raisins, probably
in the dark of night,” Roberts
said to laughter.
The seeds of the case were
sown in 2001 when Marvin
and Laura Horne, raisin farm-
ers in Fresno, California, de-
cided they had had enough
of a program they viewed as
outdated and ineffective. The
U.S. Department of Agricul-
ture had been authorized by
law in 1937 to keep commod-
ity prices, including those for
raisins, steady by managing
supply.
A marketing order issued in
1949 allows a Raisin Admin-
istrative Committee to decide
how much of the crop raisin
handlers must turn over each
year. What the government
takes, called reserves, are sold
outside the open market or do-
nated to federal agencies, char-
ities or foreign governments.
Profits from reserve sales
are used to fund the costs of
running the committee, and
any excess goes back to the
producers.
The Hornes tried to evade
the regulations by setting up
their own packing program
instead of selling their crop to
a middleman. But the depart-
ment said they violated the
rules and fined them $695,000.
The 9th U.S. Circuit Court
of Appeals sided with the
government, finding that the
farmers benefited from the sta-
bilization of market prices and
did not lose the entire value of
their crop.
But the Hornes’ lawyer,
Michael McConnell, argued
that the program was unconsti-
tutional because “the govern-
ment literally takes possession
of the raisins.”
“My clients are certainly
not better off,” he said. “They
lose money.”
Deputy Solicitor General
Edwin Kneedler, arguing for
the government, stressed that
the Hornes benefit from in-
creased raisin prices. He said
they voluntarily put their crops
into the stream of commerce,
so authorities can subject them
to market regulations.
But Roberts called it a
“classical, physical taking.”
In the two years at issue in
the case, raisin handlers were
required to give up 47 percent
of their crop in in 2002-2003
season, but received far less
than their costs of production.
The committee demanded 30
percent of the crop in 2003-
2004 and paid nothing.
Kneedler said the last time
the marketing order was used
to take raisins away from
farmers was in 2009. He es-
timated that eight to 10 other
commodities are regulated in
the same way, though the vast
majority are not.
The Hornes have won sup-
port from conservatives and
business groups that say the
program amounts to needless
government meddling in the
free market.
A ruling is expected by
June.
Dozens view first legal UAV ag flight in S. Idaho
By SEAN ELLIS
Capital Press
Organic Valley
Dairy farmers Steve and Susan Pierson, left, and other organic
farmers and advocates meet with Rep. Kurt Schrader, D-Ore.,
right, during the recent Organic Fly-In. They talked with members
of Congress and USDA officials about issues related to organic
farming. The Piersons are from St. Paul, Ore.
Organic farmers
celebrate growth,
visit Capitol
By CAROL RYAN DUMAS
Capital Press
More than 200 organic
producers flew to Washing-
ton, D.C., last week to mark
the 25th anniversary of the
passage of the Organic Foods
Production Act and celebrate
the growth in the U.S. organic
industry.
The event coincided with
the Organic Trade Associa-
tion’s annual policy days and
Capitol Hill visits, giving or-
ganic producers and proces-
sors the opportunity to meet
with USDA Secretary Tom
Vilsack, other USDA officials
and members of Congress,
said Adam Warthesen, gov-
ernment relations coordinator
for Organic Valley, the na-
tion’s largest farmer-owned
organic cooperative.
Since passage of the Or-
ganic Foods Production Act,
organic has grown to a $39
billion industry, he said.
“It’s really exciting,” he
said.
There are now 19,474 or-
ganic farms and processors
in the U.S., with more than
14,000 of those farming oper-
ations, he said.
Organic Valley flew in two
Oregon producers, Steve and
Susan Pierson of St. Paul,
Warthesen said.
Steve Pierson is an Organ-
ic Valley board member. The
Piersons transitioned their
operation to organic and are
now making room for the next
generation in the operation, he
said.
The Piersons operate Sar-
Ben Farms, a 350-cow oper-
ation and have been certified
organic since 2005.
“We’re in the process of
growing the enterprise and
bringing both of our sons
into ownership. They want
to farm, which we think is
great,” Steve Pierson said.
Discussions took place on
how USDA programs could
benefit organic growers and
how USDA can better serve
the organic segment, he said.
“We’ve got to be engaged,
and I believe farmers are some
of the best ambassadors for
promoting organic agriculture
and the benefits it provides for
families and the land.” Steve
Pierson said.
The Piersons participated
in numerous visits, includ-
ing meeting with Reps. Kurt
Schrader and Peter DaFazio,
Sen. Jeff Merkley and USDA
Deputy Secretary Krysta
Harden.
Meetings focused on organ-
ic sector growth, improving
outreach efforts for existing or-
ganic initiatives, and pilot pro-
grams that can spur additional
organic food demand.
CALDWELL, Idaho —
Dozens of eyes gazed sky-
ward April 22 as an unmanned
aerial vehicle flew slowly
over Bitner Vineyards, taking
images of the operation’s 15
acres of wine grapes.
The event marked the first
legal commercial flight of a
UAV for agricultural purposes
in Southern Idaho.
It was hosted by Empire
Unmanned, an Idaho busi-
ness that in January became
the first company to receive
permission from the Federal
Aviation Administration to fly
UAVs commercially for agri-
culture.
“Today, we are trying to
generate awareness of this
technology by a live flight op-
eration,” said Empire founder
and CEO Steven Edgar. “That
is critical to getting the word
out to people about what this
technology can do.”
Several dozen people at-
tended the demonstration,
including representatives of
Idaho’s potato, wheat, barley,
wine and sugar beet indus-
tries, as well as people from
the Idaho State Department of
Agriculture, USDA and agri-
businesses.
“People have heard about
(this technology), they’ve
read about it and now they’re
going to actually see it,” Em-
pire business relationship
manager Gary Smith said be-
fore the demonstration.
The UAV, which weighs
1.5 pounds, has five sen-
sors in its camera and takes
high-powered images of a
farm operation.
Those images are upload-
ed to “the cloud” and analysts
use data gleaned from them
to provide usable informa-
tion to the farmer, including
whether a crop is suffering
from water stress or nitrogen
or phosphorus deficiency.
“The farmer doesn’t need
a Ph.D. to figure out what
he’s looking at,” Edgar said.
“We give him a very sim-
ple product that shows him
where he’s short on water and
(other inputs).”
Smith said the technology
will help farmers maximize
their profits.
“Every farmer ... wants to
Photos by Sean Ellis/Capital Press
Empire Unmanned employee Gary Smith, white cap, explains the capabilities of an unmanned aerial
vehicle that flew over Bitner Vineyards in Caldwell, Idaho, on April 22. It was the first legal flight of a
UAV for ag purposes in Southern Idaho.
An Empire Unmanned
employee uses a computer to
demonstrate the flight path of
an unmanned aerial vehicle
that flew over Bitner Vineyards
in Caldwell, Idaho. The UAV is
sitting on the table. It was the
first legal flight of a UAV for ag
purposes in Southern Idaho.
An unmanned aerial vehicle that flew over Bitner Vineyards in
Caldwell, Idaho, April 22, sits on a table after the event. It was the
first legal flight of a UAV for ag purposes in Southern Idaho.
get the most out of the land
he has and he wants to do
that for a lower price. This
technology will help them do
that,” he said.
After the UAV finished
its flight, Empire employees
demonstrated on comput-
er screens how the system
works and how the data can
be used.
“We think this is a re-
ally exciting technological
advance,” said Dennis Tan-
ikuni, Idaho Farm Bureau
Federation’s assistant direc-
tor of governmental affairs.
“We certainly think it’s going
to be a valuable tool as far
as field inspection and the
ability to measure chemical
uptake and monitor depreda-
tion.”
North Idaho farmer Rob-
ert Blair, a partner with Em-
pire Unmanned, said the
potential for UAVs in agri-
culture is vast.
“We have not even begun
to tap the potential,” he said.
“Right now we’re limited to
doing imagery and mapping.
Pretty soon, when the (FAA)
regulations come out, the sys-
tems prove themselves and
the technology gets better,
we’ll be doing more things.”
Edgar said the technolo-
gy will help farmers save on
water and other inputs while
maximizing yields and can
revolutionize the farming in-
dustry.
“If you integrate it with
the tractors and the planters
and the harvesters, now you
have a precision agriculture
system,” he said.
Farm groups favor power line scrutiny
Capital Press
SALEM — Construction
of transmission lines across
Oregon farmland would be
subject to greater scrutiny
under legislation that’s drawn
support from farm groups
and opposition from utilities.
Supporters of House Bill
2508 argue that utilities with
the power of eminent domain
don’t have a strong reason to
respond to landowner con-
cerns when siting transmis-
sion lines.
“There’s been very little
reception for our input,” said
Don Rice, manager of the
Boardman Tree Farm, which
is affected by a proposed
transmission line.
The bill would require
power utilities to show coun-
ty governments that trans-
mission lines are designed
to avoid highly productive
farmland or why crossing
such land won’t disrupt farm-
ing practices or the “agricul-
tural land use pattern in the
area.”
Higher costs would not be
sufficient to preclude alter-
nate routes and state land use
regulators would decide how
much weight such expenses
could have on siting deci-
sions.
With new renewable en-
ergy projects sprouting up in
rural areas, farmland is fac-
ing more pressure from such
transmission lines, said J.R.
Cook, director of the North-
east Oregon Water Associa-
tion.
Farmers want “legal side-
boards” to ensure that con-
flicts with agriculture are
minimized, he said during an
April 14 hearing before the
House Committee on Rural
Communities, Land Use and
Water.
Supporters of HB 2508
said that transmission lines
prevent the planting of trees,
create stray voltage that
harms livestock and interferes
with the functioning of center
pivot irrigation systems.
There are currently no
strong mechanisms for as-
sessing alternative sites or in-
put from growers, said Mary
Anne Nash, public policy
counsel for the Oregon Farm
Bureau, which supports HB
2508.
Growers need a meaning-
ful way to participate in the
process, particularly since
they may face future devel-
opment along rights-of-way
created by transmission lines,
she said.
“We don’t think this will
halt the ability to site trans-
mission facilities,” Nash
said.
Representatives of Port-
land General Electric, Pacif-
ic Power, Idaho Power and
Northwest Natural spoke
against HB 2508, arguing it
will further complicate an al-
ready burdensome process for
siting transmission lines.
Increasing the costs of
building power lines impacts
everybody who uses electric-
ity, said Varner Seaman, who
handles government affairs
for PGE. “That’s money that
ultimately comes out of the
pocket of rate payers.”
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