Western United Dairymen Calls on Congress to Address Farm Labor Crisis

Call to Address Farm Labor Crisis, along with E-Verify Legislation

Together with the Agriculture Workforce Coalition (AWC), Western United Dairymen (WUD) called on Congress TODAY to enact legislation that would address the farm labor crisis faced by American agriculture before implementing a mandatory E-Verify system.

The call came via the testimony of Chuck Conner, president and CEO of the National Council of Farmer Cooperatives (NCFC), a member of the AWC, during a hearing of the House Judiciary Subcommittee on Immigration and Border Security. Subcommittee Chairman Trey Gowdy (R-S.C.) called the hearing to examine The Legal Workforce Act (H.R. 1772), legislation introduced during the previous Congress. The measure would mandate the use of the E-Verify system by employers to confirm the legal status of prospective employees.

“Mandatory E-Verify without addressing agriculture’s broader labor crisis would be devastating. As an industry, we recognize interior enforcement is needed; it just cannot be decoupled from addressing agriculture’s workforce concerns,” Conner testified. “Let me be very clear: the agricultural industry would be forced to oppose any E-Verify legislation that does not also address the agricultural workforce crisis.”

Conner noted that an estimated 70 percent of hired farm workers lack proper authorization to work in the United States, despite providing authentic-looking documents to employers. In addition, the only guest worker program available to agriculture, H-2A, is so cumbersome and divorced from the market-based needs of agriculture, that it provides just 7 percent of the workers needed by farmers and ranchers.

The vast majority of America’s farmers fully comply with the law. But the system created by Congress in 1986 is vulnerable to the use of false documents. “Employers, including farmers, are not experts in spotting false documents,” Conner said. “So long as a solution is in place to ensure access to a legal and stable workforce, including our current, experienced workersboth year-round and seasonalfarmers would welcome a verification system that is simple, efficient and certain.”

WUD is a voluntary membership organization representing more than 60% of the milk produced in California. Membership benefits include resources in labor law, environmental regulations and pricing issues. Members decide the direction of state and federal legislative efforts affecting the dairy industry.

The Agriculture Workforce Coalition (AWC) unites over 70 organizations representing the diverse needs of agricultural employers across the country. AWC serves as the unified voice of agriculture in the effort to ensure that Americas farmers, ranchers and growers have access to a stable and secure workforce. Western United Dairymen is a key member of the AWC steering committee.

Patrick Cavanaugh2016-05-31T19:30:32-07:00February 4th, 2015|

Why Almonds Belong in Your Diet

Almond Nutrition

Source: Alissa Fleck, Demand Media

Natural, unsalted almonds are a tasty and nutritious snack with plenty of health benefits. Loaded with minerals, they are also among the healthiest of tree nuts. Just a handful of nutrient-rich almonds a day helps promote heart health and prevent weight gain, and it may even help fight diseases like diabetes and Alzheimer’s.

Nutrition

Eating about 23 almonds a day is an easy way to incorporate many crucial nutrients into your diet. Almonds are rich in vitamin E, calcium, magnesium, minerals and potassium. Additionally, almonds are a significant source of protein and fiber, while being naturally low in sugar. One 23-almond serving packs 13 grams of healthy unsaturated fats, 1 gram of saturated fat and no cholesterol or salt. Of all tree nuts, almonds rank highest in protein, fiber, calcium, vitamin E, riboflavin and niacin content by weight. There are 160 calories in 23 almonds. While many of these calories come from fat, it is primarily the healthy unsaturated fats and not the unhealthy saturated kind.

Almond Hull-split

Heart Health

According to the FDA, eating 1.5 ounces a day of most nuts, like almonds, may reduce the risk of heart disease. Many of the nutrients in almonds help contribute to increased heart health. For one, almonds are rich in magnesium, which is critical in preventing heart attacks and hypertension. Several clinical studies have also shown almonds can be effective in reducing bad cholesterol and preserving healthy cholesterol, which plays a major role in heart health.

Weight Maintenance

Nuts, like almonds, are also beneficial for maintaining a healthy weight. The fiber, protein and fat content of almonds means it only takes a handful to keep you feeling full and satisfied so you won’t have the urge to overeat. According to “Fitness” magazine, the magnesium in almonds helps regulate blood sugar, which is key in reducing food cravings. Almonds may even be able to block the body’s absorption of calories, making them the ultimate weight-loss-friendly snack. Because almonds are naturally high in calories, it’s important to limit your serving size to the recommended 1 ounce, or 23 nuts.

Other Health Benefits

Almonds may also promote gastrointestinal health and even combat diabetes. The high fiber content of almonds gives them prebiotic properties, which contributes to health in the gastrointestinal tract. Prebiotics are non-digestible food substances, which serve as food for the good bacteria in the intestinal tract and help maintain a healthy balance. According to a study by the American Diabetes Association, a Mediterranean diet incorporating nuts, such as almonds, helps fight diabetes even without significant changes to weight, physical activity or caloric intake.

Patrick Cavanaugh2021-05-12T11:06:01-07:00January 2nd, 2015|

Understanding California’s Groundwater

California’s Groundwater Is in Crisis

Source: Janny Choy and Geoff McGhee; Water in the West

California’s groundwater is back in the spotlight. Largely invisible, lightly regulated and used by 85% of California’s population and much of the state’s $45 billion agriculture industry, groundwater is a crucial reserve that helps stave off catastrophe during drought periods like we’ve experienced over the past three years.

Unheralded, Underegulated and Overused, California’s Groundwater Is in Crisis

But after more than a century of unregulated use, California’s groundwater is in crisis – and with it the state’s hydrologic safety net. This carries profound economic, environmental, and infrastructure implications. How did it come to this, and what do we do now?

6 Million Californians Rely on Groundwater

Over 6 million Californians rely solely or primarily on groundwater for their water supply. Many of them reside in towns and cities in the Central Valley and along the Central California coast, where communities generally have limited local surface water options or don’t have the ability to finance other water supply sources.

For Others, Groundwater Complements the Surface Water Supply

Generally, though, groundwater is used alongside surface water to meet the state’s needs, which range from urban and industrial uses to irrigating roughly half the fruits and vegetables grown in the United States.

In normal and wet years, groundwater provides 30 to 40% of the water supply. It supplements surface water that is collected from snowmelt and rainfall then is stored and conveyed by a vast system of state and federal dams, reservoirs, and aqueducts.

During droughts, surface water availability can be sharply reduced, leaving water users to pump water from local wells. At times like these, groundwater can surge closer to 60% of water used statewide, and even higher in agricultural areas like the Central Valley.

When Rain and Snow Don’t Fall, Groundwater Prevents Disaster

This year, the third consecutive year of an extreme and extensive drought, state officials have warned that little or no surface water will be made available to most consumers. In turn, water providers are advising large users to pump their own groundwater.

As bad as this drought is, it is not uncommon. Droughts are a part of life in California, as anyone who has lived here long enough knows. But what most may not know is that groundwater has been getting us through droughts, including the last big one in the 1970s, and it is getting us through the one today.

In fact, 5 million acre feet of additional groundwater will be pumped in the Central Valley alone to make up for the 6.5 million acre feet in surface water reductions for agriculture in 2014. Even so, the economic loss for the Central Valley from this drought is expected to be $1.7 billion.

By Overusing Groundwater Today, We Are Living Off Our ‘Savings’

Writers often turn to financial metaphors to explain the importance of groundwater. As Tom Philpott of Mother Jones magazine wrote recently, “To live off surface water is to live off your paycheck … To rely on groundwater, though, is to live off of savings.”

Another metaphor frequently applied to groundwater is that of mining. In fact, “groundwater mining” is exactly what experts call nonrenewable groundwater use, where farmers “mine” water to grow almonds, alfalfa or grapes. You could even say they are “mining” those commodities themselves.

Recommendations for Groundwater Reform

Through numerous hearings, workshops, and consultations with experts and interest groups, recommendations by groups such as the California Water Foundation are coalescing around the concept of local groundwater management with the state serving as a backstop authority if local action has not occurred or is insufficient.

Next steps might include creating and empowering local groundwater management entities; requiring groundwater management plans; and defining the state’s role for assistance, oversight, enforcement and funding. Read more in the California Water Foundation’s report with recommendations for sustainable groundwater management.

Patrick Cavanaugh2016-10-14T19:45:06-07:00August 12th, 2014|

Could CDFA’s ACP Control Policy Devastate Our Citrus Industry Like Florida’s?

Citrus Industry is Fired Up Over Softened ACP Control Policy

By Patrick Cavanaugh

It seems that CDFA officials are giving up on controlling the Asian Citrus Psyllid (ACP) in Central California citrus growing areas! It sure looks like it.

Ever since the May 12 ACP trappings in the Lindsay area of Tulare County, there has been a major back-step in what has been an aggressive mandatory spray program to control any possible live psyllids within an 800-meter radius around the trap.

Now CDFA is suggesting that the spray programs should be voluntary and only 400 feet around the trap find.

According to Joel Nelsen, president of the Exeter-based California Citrus Mutual, “The conversation relative to the change in eradicating or treating for the ACP came about with a discussion between a few members of the scientific community and the department.”

“Frankly, the industry was unaware of this possible change in the program. When it was first released to the AG commissioner, it shocked everybody–is my understanding,” Nelsen said.

“And as a result, last Friday afternoon, the executive committee members from our pest and disease management committee had a very direct conversation with senior leadership of the CDFA. I understand that the conversation was extremely candid, somewhat emotional; if the industry to is going to be supporting a program to the tune of 15 million dollars, they want a say in how the program is run. And evidently, the Department of Agriculture is making some subjective decisions that we don’t believe are appropriate.”

“From my perspective, there were mistakes made at the onset of this program that we had to learn from; and if we don’t take seriously—psyllid control, psyllid control, psyllid control!—we’re going to end up in the same type of quandary that our colleagues in Florida, Texas, Mexico and even Brazil are in.

Too many psyllids, an endemic population, some of which will contract citrus greening disease and eventually contaminate citrus trees, could devastate central California’s $2 Billion industry. “If we even allow one psyllid to continue to foster a population, then we have failed at our effort. And so from the perspective of Citrus Mutual, we are in an eradication mode,” Nelsen said.

“We are in a position in which we can find isolated psyllids and treat, and we are in position where continuous trapping and tapping (with bats and trays in searching for psyllids) and intensive trapping is not finding an endemic population. So for the department to argue that the population is endemic, its a ‘what if’ scenario that we don’t think is appropriate.”

Nelsen said that the pushback by his pest and disease management committee might have made a difference. “I haven’t received anything, but I think that conversation last Friday afternoon yielded some intended results. There’s a reconsideration, and I give a lot of credit to the industry members who stood up the department; but until it happens, its not real,” he said.

Patrick Cavanaugh2021-05-12T11:06:01-07:00June 3rd, 2014|

Heat Illness Prevention: Warning for Farmworkers This Week

Heat Illness Prevention

Extreme Heat Wave Expected to Continue Throughout this Week

With really high temperatures throughout the Central Coast, Cal/OSHA will probably focus enforcement in coming days in these areas. Please remember the key points of compliance with the Heat Illness Prevention Standard:

* Water — 1 quart per worker per hour, with a plan for replenishment throughout the work shift

* Shade — enough for 25% of the crew working at the location; use of natural shade is acceptable if no shadow is cast; air-conditioned vehicles are acceptable; provided at all times when temperature exceeds 85 degrees

* Rest — allow workers to rest in shade if they feel the need for no less than 5 minutes

* Training — workers & supervisors must be trained about heat illness and emergency response procedures before being exposed to heat

* High-Heat Procedures — ensure effective communications in case of emergency; observe employees carefully for signs of heat illness; remind employees to drink water throughout the shift; closely supervise un-acclimatized employees for first 14 days of exposure to high heat

Patrick Cavanaugh2017-05-04T16:51:11-07:00May 14th, 2014|

Keeping a Watchful Eye on the Family Farmer: Suicide Prevention

By Laurie Greene, Editor

National Mental Health Awareness Month, in May 2014, is an opportune time to focus on eliminating the stigma of mental health in the California Farming Community and providing compassion and support to those who are struggling to cope.

Stress and anxiety that plague the family farmer during this crippling time of zero water allocations can lead to mental stress, which, in some cases, could lead to suicide. Last year, Tulare County had just over forty suicides from all walks of life, and some were from the farming community. In fact over the last few years, several California dairymen, specifically, have committed suicide.

Cheryl Lennon-Armas, LMFT, co-chair, Tulare-Kings County Suicide Prevention Task Force

Cheryl Lennon-Armas, co-chair of the Tulare-Kings County Suicide Prevention Task Force, notes that the subject of mental illness is something we all need to be aware of and talk about. “There’s a whole lot of people who are touched by suicide or attempted suicide or mental health issues. But there are not a lot of people who want to have a conversation about it.”

“So how do we make those topics easy to talk about?” Lennon-Armas wants the public to learn more so they are not afraid. “For example, say a farmer is talking to a lending company, and the lending company says, ‘Oh, I can’t loan you money,’ and the farmer says, ‘well that’s OK, I wont need it anyway.’ How do you get that lending company to say, ‘Whoa, Whoa, Whoa’?”

“’I won’t need it anyway,’ – that should be a red flag statement,” Lennon-Armas pointed out.

“But often, when people hear statements like that, they may become fearful and want to push it away,” Lennon-Armas explained. “We don’t want to have to look at that farmer and say, ‘Hey, I am worried about you, and I want to make sure you are OK. What can I do to help? Are you thinking of committing suicide?’”

“It needs to roll off the tongue of all of us in order to end the stigma,” she stated.

During the current debilitating water crisis and the possible loss of many farms, it’s more critical than ever to keep an eye on any farmer or farmworker who is grappling with understandably intense anxiety and stress. So, it’s important to know some of the signs that could indicate that someone in the farming community could be contemplating suicide.

Lennon-Armas, noted, “It’s really important to pay attention to the people around you and not make assumptions that their being quiet or not showing overt signs of being suicidal means they are OK.”

“Take notice if they are isolating themselves or you see a change in their routine, if they stop attending church, or they drop out of 4-H or FFA or other community organizations they might be involved in. If you start seeing some deterioration on the farm, how they are caring for their animals, an increase in farm accidents, these could all be red flags,” she said.

“An increase in farm accidents might mean that the farmer is depressed and not paying attention to the work they are doing, Lennon-Armas explained. “Maybe they are not sleeping well or they are increasing their use of alcohol or medications. It’s important to note that it is common for people to `self medicate’ themselves when they are depressed.”

“The farm worker population has the additional issues of cultural and language barriers and access to services or even awareness of services available,” Lennon-Armas explained. “While the stigma issues are slightly different, they are equally strong for farm owners and farm workers alike.”

“But at the end of the day, it is about providing support and access to information – saving just that one life,” she said. “We are not in the business of being popular when doing suicide prevention. Our job is to keep people alive long enough to where they are feeling more hope than despair.”

Resources

Tulare & Kings Counties Suicide Prevention Task Force:

Website

Facebook

Tulare County Health and Human Services Agency:

Website

Facebook

National Suicide Prevention Lifeline: 1-800-273-TALK (8255), suicidepreventionlifeline.org

Mental Health Crisis Line (WARM LINE) is 1-800-320-1616

In an emergency, you can always call 9-1-1.

In California, you can also call 211 for mental health and financial advice and support.

The American Association of Suicidology

California Crisis Centers

Additional thanks to: Tammie Weyker, Media specialist for Tulare County Health & Human Services Agency

Patrick Cavanaugh2021-05-12T11:06:01-07:00April 28th, 2014|

PLF On 9th Circuit Biological Opinion

PLF statement on 9^th Circuit Upholding Delta Smelt Biological Opinion

Last Week, a panel of the Ninth Circuit largely upheld the federal government’s 2008 “biological opinion” for the delta smelt, a regulation under the Endangered Species Act has that triggered draconian restrictions on water deliveries from the federal and state water projects to the San Joaquin Valley and Southern California.

Pacific Legal Foundation (PLF) attorneys represent some of the farmers in the case who are challenging the biological opinion as an abuse of federal power based on questionable science and shoddy regulatory procedures.

Damien Schiff, a principal attorney with PLF who represents farmers in the case, issued this statement today, in response to the Ninth Circuit’s ruling:

“The Ninth Circuit has done a reverse rain dance for California, practically guaranteeing that the impacts of our current drought will be more devastating,” said PLF Principal Attorney Damien Schiff.

“The ruling gives judicial blessing to regulations that impose real punishment on people with only speculative benefits for a declining fish species. Under these draconian regulations, water is withheld from farms, businesses and communities from the Central Valley to San Diego based on sloppy science and ideological agendas.

“There’s a drought of common sense in the bureaucracies that impose these regulations – and in the perverse legal precedents that lead courts to uphold them. In one notorious precedent, TVA v. Hill, the U.S. Supreme Court said the Endangered Species Act gives absolute priority to species over everything else, including the general welfare of the human community.

“We must all hope that California’s water crisis – made worse today by the Ninth Circuit – can prod the U.S. Supreme Court to reconsider its past decisions that are leaving us so parched.

“Indeed, the one hopeful aspect of today’s ruling is there’s a possibility the smelt case could get to the Supreme Court. There, it might result in a decision that turns the tide of environmental law away from imbalance and zealotry, and back toward sanity.”

Patrick Cavanaugh2021-05-12T11:06:02-07:00March 17th, 2014|

Cotton ELS Prices Good, While Upland Cotton is Bleak

Upland Cotton Prices Down; Extra Long Staple Types Are Up

By Patrick Cavanaugh, Editor

Upland cotton prices are still bleak, falling 10 cents per pound over the last month, and are now in the .85 to .95 cents a pound range. However, there is a glimmer of good prices ahead for extra long staple (ELS) cottons on the open market.

Many growers forward contracted the just-harvested crop that might have returned a decent price, but the Pima and other ELS types are still holding a good price,” said Cannon Michael, V.P. Bowles Farming Co., in Los Banos Calif., who farms more than 11,000 acres of row and field crops, including cotton throughout Merced County.

“I know some guys that have booked some pricing of ELS for 2014 at $1.60 to $1.70, but that’s a market that operates in a different world,” said Michael. “There has been good demand, the world crop is down, and California does not have that much Pima this year due to an overall decline in cotton acreage.”

In 2013 California growers planted 90,000 acres of Upland cotton, down 37 percent from last year. ELS plantings in the West declined nearly 14 percent to 206,000 acres with largest decline -35,000 acres in California.

“There is more optimism on the ELS side due to higher prices,” said Michael. “But there is so much pressure on Upland cotton as far as what China and other areas of world can grow, so the prices are on the depressed side.”

Michael noted that farmers in his area grow the Hazera type of ELS, an Israeli hybrid type which is not as strong as Pima, but has the staple length and other properties. “It performs like an Upland type in terms of yield in the north end of the Valley, but pays about 10 cents less than Pima.

“While the Hazera seed is more expensive and does not have any Roundup Ready traits,” Michael commented, “it has a better quality fiber that the mills are looking for right now.”

Patrick Cavanaugh2016-10-05T13:35:38-07:00November 16th, 2013|

TREE NUTS, EXCEPT PECANS, REMAIN STRONG IN EXPORTS

Tree Nuts, Still the 800-Pound Gorilla

Crash of the U.S. Pecan Market a Cautionary Tale, Says Rabobank

The export market for U.S. almonds, walnuts, pistachios and pecans continued to grow in 2012, reaching $6 billion dollars and accounting for over 60 percent of U.S. production. In its most recent report, “Riding The Growth Curve – Can U.S. Tree Nut Exports Continue to Defy Gravity?,” Rabobank questions whether this growth will continue. The author of the report, Karen Halliburton Barber, senior analyst, Produce for the Rabobank Food & Agribusiness Research and Advisory Group, says that it should, but that the industry shouldn’t rest on its laurels. “Assuming water limitations will not significantly restrict U.S. production, the U.S. tree nut sector still faces the fundamental uncertainty of when supply and demand will stabilize,” said Barber. “That said, the U.S. tree nut sector is in a good competitive position given its leadership in production and trading history.”In the report, Barber examines the main commodities making up the U.S. tree nut sector:

Almonds – “Here, the U.S. is the 800-pound gorilla and accounts for over 78 percent of total global production. This is where the U.S. is clearly in a good competitive position but needs to beware of the oversupply spiral.”

Pistachios – “Iran is slowing down, but they are not out. Water scarcity and weather have caused declines in production in recent years. However, new growth areas are cropping up and competition may heat up in the medium term.”

Walnuts – “This is the only sector where the U.S. is not the predominant global supplier. Although China is a net importer because of its large domestic demand, its share of global production is greater than that of the U.S., providing competition for U.S. walnuts in the Chinese market. An added risk factor is that Chile has begun to compete with the U.S. on quality in key growth markets.”

Pecans – “This segment is the cautionary tale of the report, warning of what could happen if the right factors line up at the same time. In 2012, the U.S. pecan market crashed. Now largely dependent on the global export market, U.S. pecans were hit with competitive pressures from South Africa, while at the same time dealing with lower yields because of weather challenges. The result of these factors was a 50 percent reduction in grower prices for pecans from July 2011 to January 2013.”

The report concludes by noting that the U.S. tree nut sector’s overdependence on the Chinese market poses the greatest challenge. Yet, U.S. producers are poised for growth over the longer term—both in China and globally. The strategy employed by the almond, walnut and pistachio industries of a more balanced buyer/supplier parity approach can help continue to moderate the risk.

Patrick Cavanaugh2016-08-12T18:04:52-07:00September 25th, 2013|

ENDANGERED SPECIES ACT OVERREACHES HUMAN RIGHTS

The Endangered Species Act Turns 40

A Statement by Rob Rivett, President, Pacific Legal Foundation.

This year the Endangered Species Act turns 40. President Richard Nixon, on December 28, 1973, signed into law one of the nation’s most powerful environmental laws. The law vested authority in the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration to enforce a wave of new regulations, and create a new relationship between homo sapiens and other species.

Soon after its passage, the U.S. Supreme Court declared it the most comprehensive law ever passed for the protection of species and that ESA enforcement must occur “whatever the cost.” Federal officials have used their power under the Act to regulate private property as if it were public land.

The degree to which the ESA has been successful is a matter of debate. Of the estimated $3 billion of taxpayer funds necessary to fund the annual operation of the ESA, less than 1 percent of the species in North America have been recovered out of more than 1,400 that have been listed. One undebatable fact is the law has created a flood of lawsuits, those filed to seek government acts, and those filed to limit them.

Since its founding in 1973 — the same year the Endangered Species Act (ESA) was enacted — Pacific Legal Foundation has been America’s watchdog in the courts to check and reverse government abuse of this and other environmental laws.

PLF has enough experience with the ESA to know that a well-intentioned law can completely turn the tables on common sense, sound science, and the fundamental freedoms of people. PLF believes in responsible stewardship of our land, water, and air for the benefit of people, the environment, and the species that inhabit it. The trouble comes when a law designed to help species harms the people who care for the environment — including farmers, ranchers, and foresters — those living and working in America’s “environment.”

The protection of the environment is only one of many competing and important social values in America. In an orderly society, no single value can be exalted “whatever the cost.” Environmental laws can and must be administered so as to safeguard, and not thwart, fundamental human needs and rights. Therefore, Pacific Legal Foundation has assumed a leading role in protecting constitutionally established limits on governmental power and ensuring individual freedom.

Nearly 40 years after its enactment, the Federal Endangered Species Act remains one of the nation’s most potent threats to our constitutionally protected property rights. Crafted by the Congress with the noble goal of saving species from extinction, and helping them to return to health, the law today has led to controversy and regulatory creep across our nation’s landscape.

Because Pacific Legal Foundation supports a balanced approach to environmental regulations — like the ESA, we’re taking the opportunity in 2013 to examine aspects of the law, with particular emphasis on past and current cases we’ve litigated.

During the course of the year, this landing page will feature PLF opinion articles, videos, podcasts, and news and information about current PLF cases.  Whether you are part of the “regulated community” or just a concerned citizen who values liberty and a thriving environment, I invite you to check in regularly on this page to see our latest postings and to give us your feedback.

Of course, as a nonprofit legal charity, Pacific Legal Foundation welcomes your charitable donations.

If you believe, as we do, that in protecting our nation’s environment, our constitutional rights should not be threatened or endangered by government agencies and activist groups, I invite you to become a supporter of PLF’s legal program.

Patrick Cavanaugh2021-05-12T11:06:03-07:00August 22nd, 2013|