Tag Archives: Nebraska

A Vision for Nebraska: Build a Cornhuskers monument

My wife Elizabeth and I are on our way out of Nebraska, work having summoned us once again to the southwest. In parting from this stalwart state, I want to share a vision.

The Lincoln Journal-Star, the paper of record for the state’s capital city, recently published an article about the intention of some local developers to establish an “iconic” building in Lincoln’s Haymarket district. That article prompted me to recall an iconic vision I had nearly a decade ago when I first moved to this Cornhusker State.

At that time my office window had a direct view of the Nebraska State Capitol, a 400-foot tall building graced at the top with an iconic image of The Sower—a universal and greathearted figure hard at work, purposefully sowing seeds across the land that we might have the food and fiber that sustains us all.

The Sower is an indisputably handsome and worthy icon for an agrarian state. I was always inspired looking out my window and up at his powerful figure. But then I began to think: Nebraska is The Cornhusker State, not The Cornsower State. Where was a statue depicting The Huskers: the people who husked, or harvested, the crops rising from the seeds?

With memory of that vision activated, I wrote a “comment”—basically a digital letter to the editor—and posted my comment at the end of the Journal Star story.

Here’s an updated version of my comment:

“Here’s my idea for an icon they can put on the roof of the proposed Haymarket building: a monumental statue of The Huskers. By that I mean a 20-25 foot high sculpture in the style of The Sower, using similar materials.

“Sculpt The Huskers as a man, woman, daughter, and son working their way (husking) through a field of sculptural corn 20′ or more high. Build the monument so that the four figures are universal human beings (as The Sower appears to be) bringing in the goodness of what The Sower has sown. Build the monument so that it’s facing The Sower, and is a pubic attraction with its own access and egress, so as not to disturb the businesses in the building.

“A monument like that would bring honest pride, dignity, and joy for all Nebraskans (and visitors) as they might walk among the sculptured people and their giant sculptural corn field. The two monuments (Sower and Huskers) would tell children and adults in a glance the story of the plains and the grains and the people. Such an epic sculpture of The Huskers would express the heart of the state, and thus would be ICONIC indeed.

“I’ve always felt that such a monument would be fitting for the north end of Lincoln’s Centennial Mall, but the Haymarket would also be fitting in many ways.

“The Cornhuskers” monument could complete what might be thought of as a sculptural yin and yang, bringing a visual and energetic dynamic into perpetual play. The moral lesson would be both implicit and explicit: you reap what you sow.”

A monument for The Huskers in combination with The Sower would distinguish Nebraska in a way the Gateway Arch marks St. Louis, the Statue of Liberty accents New York, and the Golden Gate Bridge signifies San Francisco.

Our Responsibilities to the Animals We Eat

animalsweeatlEach year more than nine billion animals go to slaughterhouses in the USA to be killed, processed, and packaged into the beef, pork, lamb and chicken that eventually find their way onto our dinner plates. It is an industrial process on a staggeringly vast scale, and it has some fundamental problems.

While the number of animals fated to pass through industrial processes has continued to grow in recent decades, the number of independent family farmers who care for them has continued to decline due to high-efficiency corporate mechanical processes and confinement strategies that optimize profit. The animals have been relegated to “units of production.” The population of human beings in our rural regions in the heartland of America has, meanwhile, been decimated as family farmers have steadily fallen victim to vertical integration and the relentless economic demands of corporate bottom lines.

On Friday of last week I journeyed to Omaha – Gateway to the West – to be part of the annual conference of the Nebraska Sustainable Agriculture Society (NSAS). The primary emphasis of the gathering was on local, sustainable community food systems. But the conference also featured a keynote address from Wayne Pacelle, the director of the Humane Society of the United States (HSUS). Mr. Pacelle is regarded with fear and loathing among industrial livestock titans who, with their mammoth Concentrated Animal Feeding Operations (CAFOs) have made Nebraska into a dominant force providing meat for our tables.

In this context over the last few years, HSUS and NSAS, partnering with the Nebraska Farmers Union, have established an innovative Ag Council to promote humane husbandry of farm animals. While Nebraska was the pioneer in this progressive action, eight other states have now formed similar Ag Councils, and more are coming.

So perturbed are corporate livestock barons about the specter of humane animal husbandry, that they’ve established phony “public interest” front groups to wage a proxy campaign against HSUS. According to many observers, that animus has also been reflected in the actions of Nebraska’s Land Grant University. UNL has by and large cast its lot with industrial chemical agriculture and corporate livestock monoliths* while severing ties with NSAS because of its partnership with HSUS. As critics have noted, land grant universities in general have since the 1980s become less oriented to serving the human beings who are citizens of their states, and progressively more dedicated to serving the corporations that do business in their states. That’s where the money is.

Wayne Pacelle at the NSAS conference. "Farmers should be leading the way in the humane treatment of the animals we eat. (Author photo)

Wayne Pacelle at the NSAS conference. “Farmers should be leading the way in the humane treatment of animals.” (Author photo)

“Animal welfare should not be a controversial subject,” Pacelle told the conference. “It’s a natural thing. We have been in relation with animals for millennia.”

“It’s not about animal rights, but rather it’s about our human responsibility to our animal relatives. We have duties,” Pacelle said. “Animal life does not exist solely for our exploitation. How do we handle that responsibility? Ultimately there is no escaping the moral issue. Farmers should be leaders in fulfilling our basic human responsibility to the animals who give up their lives that we may eat.”

Billions of animals suffer needlessly in confinement because they are bound up in corporate economic activity. The economics of industrial efficiency have spawned what might be termed a race to the bottom, not just for the animals, but also for the underpaid human beings – the farm workers and packing-house employees – who are charged with managing them.

As NSAS Board member Kevin Fulton noted during the conference, “There’s a direct correlation between moving the animals off the land and into the vertical integration of industrial confinement operations, and the socially destructive process of moving people off the land. We need fewer animals, and more farmers.”

If industrial food-production corporations continue to regard animals as just dull, dumb commodities – units of production to be fattened with genetically modified grains grown in oceans of glyphosate and pumped up beyond natural reason with hormones and antibiotics – then we are failing at our basic responsibility to be in right relationship with them.

* The University of Missouri has calculated the share of production held by just four firms in different sectors. In total beef production, for example, the share of the top four firms (Cargill, Tyson, JGF, and National Beef) increased from 69 percent in 1990 to 82 percent in 2012. The story is the same in poultry, pork, flour milling, and other sectors. Fewer firms control bigger and bigger shares of total production, making it progressively harder for other farmers to get fair prices or earn a living from their production.

Big Bills and Big Chills for Honest Organic Inspector

Evrett Lunquist and wife Ruth Chantry, parents of five children, own and operate Common Good Farm. One of two Demeter-certified Biodynamic farms in Nebraska, Common Good produces for their CSA and for the market: herbs, vegetables, free-range eggs, grass-fed beef, and pork. Lunquist is an organic farmer and inspector, but he acted as a citizen in this case. Photo courtesy of Open Harvest Coop Grocery.

Evrett Lunquist and wife Ruth Chantry, parents of five children, own and operate Common Good Farm in Nebraska. They produce for a CSA and the market: herbs, vegetables, free-range eggs, grass-fed beef, and pork. Photo courtesy of Open Harvest Coop Grocery.

On December 7, 2011 the USDA’s National Organic Program (NOP) inadvertently violated its own policies and released the name of a Nebraska man who had accurately reported a farmer who was flouting the legally binding organic rules.

In so doing, the NOP unleashed upon Evrett Lunquist a multi-year plague of legal pleadings, and a barnload of  legal expenses to defend himself.

After his name was released in response to a request under the Freedom of Information Act, the man who correctly reported the violations, Biodynamic farmer and part time inspector Evrett Lunquist, was sued for $7.6 million in a Nebraska Court by Paul A. Rosberg, the vengeful farmer who had violated organic rules. Later in the proceedings, International Certification Services was added as a defendant.

After more than 18 months of tedious hearings and a numbing cascade of motions filed by the plaintiff, Lancaster County Judge Paul D. Merritt finally in August 2013 issued a summary judgment dismissing the case.

not-organic-After the expensive ordeal of defending himself against the allegations unleashed by the NOP’s procedural error, Lunquist, who followed the letter of the law acting as a private citizen when he initially reported the violations, had racked up more than $43,000 in legal expenses. While he received no support or acknowledgement of responsibility from the NOP, he and his family did find generous support from their church and their community. I have previously reported on this case both here and here.

logoThis convoluted case calls into question the ability of the USDA and its National Organic Program (NOP) to stand behind citizens and inspectors who report violations of organic standards. Consequently, the case has sent a palpable chill through America’s network of organic inspectors, and may thereby compromise consumer confidence in the integrity of the USDA’s “Certified Organic” label. Meanwhile, another kind of food certification — Certified Naturally Grown — is emerging.

Through its Agricultural Marketing Service (AMS), which supervises the organic program, the USDA said it was unable to comment on the case. AMS and NOP were also apparently unable to find a way to support Lunquist in this lawsuit, as requested by Nebraska Congressman Jeff Fortenberry at an Ag Appropriations subcommittee hearing April 18, 2013.

AMS Administrator David Shipman responded at that hearing: “We made a mistake…It is really regrettable. I have looked at this case a number of times and sat with legal counsel trying to figure out how we can in some way help that individual…but the avenue to actually help in a financial way, I have not found a path forward on that yet. It is an extremely regrettable situation, and we aware of it.” Shipman has since retired.

A year earlier, as the case against Lunquist dragged on, organic program Administrator, Miles McEvoy published a policy statement on how the agency handles complaints about organic certification.

“Organic integrity relies on the ability of inspectors to register complaints without fear of reprisal. A ‘chilling effect’ from the threat of disclosure and retaliation could make it much less likely that individuals will report to the NOP suspected fraud, misconduct, or other actions that undermine organic integrity.”  — Margaret Scoles, IOIA

Posse Comitatus Rides Again?

Plaintiff Paul Rosberg represented himself pro se in this case, as he has represented himself often. According to court records, Rosberg has filed several dozens of lawsuits in Nebraska over the past 30 years.

Stack-of-foldersThe plaintiff’s legal attack in this case, and in others, closely parallels the philosophies and strategies of the Posse Comitatus, a loosely organized far-right social and survivalist movement. The movement has pioneered the use of false liens and other forms of paper terrorism.

After having been found to be out of compliance with organic standards, Rosberg threatened to bankrupt Lunquist. Then in a March 5, 2012 letter with an ominous subtext, Rosberg wrote: “Please let me assure you I WILL NOT do any physical damage to you or your family. I am a Christian and I have a wife and 16 children.”

As someone who has been involved in dozens of lawsuits, Rosberg proved adept at disruptive strategies. In pursuing Lunquist – who acted carefully within the law to protect the public from fraud — Rosberg filed over 30 pleadings, motions or objections, drastically dragging the case out over time before his complaint was finally dismissed this summer.

In an interview before one of the many hearings in Lancaster County Court, Rosberg told me that he owned 260 cows and 240-acres of farmland, and that he leased two thousand more acres of land for farming. “I’m a sharecropper,” he said.

Meanwhile Back at the Farm: Hiring a Hit Man

During the stretch when Rosberg was pressing his suit against Lunquist, he and his wife Kelly were indicted by a federal grand jury on a separate but related matter: six counts of fraud for selling misbranded meat through their company, Nebraska’s Finest Meats, to the Omaha Public Schools. If convicted they face fines and prison terms.

hitOn Friday the 13th of September, 2013, just days before yet another hearing to assess legal fees in the dismissed suit against Lunquist, Rosberg was arrested and taken into federal custody. He is incarcerated under contract at the Douglas County Jail in Omaha, Nebraska.

According to the Lincoln Journal Star Rosberg is accused of trying to hire two hit men to murder two witnesses in his federal meat trial. According to an affidavit, on Monday September 1, just one month out from the date of his trial for violations of the Federal Meat Inspection Act, Rosberg asked a man and his brother if they would kill two government witnesses. The accuser, who had worked for Rosberg for six weeks, said Rosberg twice asked him to kill two witnesses scheduled to testify for the government at his federal trial.

Rosberg will be arraigned on charges of solicitation to commit a crime of violence.

The Big Chill

Because he was in jail, Rosberg did not appear in court on Monday, September 16 for yet another hearing, this one on assessing legal fees in the lawsuit he filed against Lunquist. The hearing involved a marked measure of paper shuffling and box checking by the judge, to insure his ruling would not be vulnerable to the appeals Rosberg had previously vowed he would file.

After processing the thick stack of exhibits and motions in order, the judge said he would look at everything, and then later rule on the matter of attorney fees. No matter how the judge rules, it seems unlikely Paul Rosberg will have the wherewithal or the inclination to pay Lunquist.

Realizing his situation, Evrett Lunquist long ago asked the NOP to make things right for him, since it was their mistake that brought on the lawsuit. The NOP declined to help with legal costs or to issue a public apology. Over the course of the lawsuit, the agency had been slow to provide documents needed by the defense, thereby driving up legal expenses. The NOP did, however, ultimately provide an official Declaration corroborating the validity and accuracy of Lunquist’s original complaint. At that time the agency stated it would take precautions to ensure this never happens again.

chillLunquist told me his motivation for filing a complaint in the first place was to preserve organic integrity. “If people run roughshod over it,” he said, “then organic will have no meaning. In my mind I was doing the right thing by submitting information. This turn of events has been stupefying.”

In an interview after the September 16 hearing on attorney fees, Lunquist said that the lengthy legal ordeal had been not only expensive, but also nerve wracking. “It should have been a much shorter course of events,” he said.

Last March Lunquist and his attorneys, Gene Summerlin and Marie Jensen, traveled to California to participate in a training conference of the International Organic Inspectors Association (IOIA), the professional organization of organic inspectors. Lunquist’s attorneys spoke at a workshop on managing the legal risks faced by official inspectors and by private citizens.

IOIAA main point that came across at the meeting is that if you file a complaint outside of the government mandated responsibilities of an inspector, maintaining your anonymity scrupulously is the only way you can assure your name is not released. If your name is released, you are thereby exposed — vulnerable to lawsuits from disgruntled farmers and processors accused of violating the rules. That harsh reality is true whether you are an official organic inspector or an independent citizen, as Lunquist was in this instance.

The USDA said that it was unable to comment on the judge’s dismissal of Rosberg’s suit against Lunquist. While Lunquist has had to defend himself, he has had strong backing from family, church and community.

Onward to Higher Ground

This apparent vulnerability to personal lawsuits has had a chilling effect through the community of organic inspectors, and it threatens to undermine consumer confidence in the integrity of the USDA “organic certification.”

Participants at the inspectors training program earlier this year generally agreed that it is naive to think that your name and contact information will remain confidential if you file a complaint. Almost anything can be ferreted out by virtue of the Freedom of Information Act (FOIA), and by data mining strategies as made apparent this year through the extensive revelations about government or business intrusions into private communications.

Anything submitted to the government can – and very well may be – released. The NOP was legally bound to release a copy of the complaint to Rosberg, but it should have redacted Lunquist’s name, contact, and other identifying information.

Lunquist acknowledged that many observers regard his legal travails as part of pattern that has created the chilling effect for organic inspectors. He told me that several inspectors approached him at the meeting and said they have filed similar complaints, and might well have gotten caught up in similar costly lawsuits.

Lunquist said there was general agreement on the need to act within the USDA mandate for organic inspectors, or to protect your anonymity if you are not acting in that role. If organic inspectors and citizens want to remain private, they must take pains to remain anonymous.

Demeter-USAThe farmers of Common Good have established a website to keep people informed about the case, and to try and raise money to cover the cost of Lunquist’s legal defense. “We have received donations amounting to about half of our legal bills,” Ruth Chantry told me. “That support from our church, our community, and many wonderful people has meant a lot to us.”

Evrett Lunquist and Ruth Chantry’s stories are told in Higher Ground, a documentary film about their Common Good Farm, one of only two Demeter Certified Biodynamic farms in Nebraska. The documentary, produced by Open Harvest Co-op, is posted on Youtube.

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AUTHOR’S DISCLOSURE: I serve on the board of the consumer-owned Open Harvest Co-op in Lincoln, Nebraska. Common Good Farm is among 110+ local farms that do business with our co-op. The co-op has donated money to help cover the cost of Lunquist’s defense.

wheat-for-harvest

Organic Entanglements: Costly Case with a Big Chill

*entanglementsAt a court hearing in Lincoln, Nebraska this week, a judge granted a continuance, again pushing back the date for resolving a controversial legal matter that is having an ongoing chilling impact upon US organic inspectors. The first case of its kind, it involves an organic farm inspector and a farm claiming to be organic.

The plaintiff claims the organic inspector conspired with the US government and the inspection company to prevent his business from having a valued organic certification.

Plaintiff farmer Paul A. Rosberg is suing organic inspector Evrett Lunquist (and International Certification Services, Inc.) for $7.6 million. Judge Paul D. Merritt of Lancaster County Court set March 20, 2013 as the date for a hearing on summary judgment of this entangled matter. A summary judgment could end the case without a full trial.

Judge Merritt had no choice but to grant the continuance and postpone. The plaintiff will be on trial in a criminal case scheduled to start January 28, and would likely be unable to appear in Merritt’s court on January 29 for the hearing that had been scheduled for that date. Rosberg’s criminal case involves federal grand jury indictments on six counts stemming from his alleged sale of non-inspected meat to the Omaha Public Schools.

Defendant Lunquist and attorney have filed motions requesting summary judgment dating back to May, 2012 and again in October.  But a steady flow of motions filed by Rosberg has kept the matter unsettled, and the meter running on Lunquist’s attorney. As the case drags on into its second year – and the severe drought gripping The Great Plains intensifies — Lunquist’s legal bills continue to mount. The latest entanglements in the case have driven the defense costs over $30,000.

My original story on this case, with background details, can be found here.

At the hearing in Lancaster County Court on January 15, the judge read off a numbingly long list of motions in the case, including Rosberg’s latest motions asking for sanctions on the defendant’s attorney, and for further delay in resolving his case against the inspector.

Rosberg, who represents himself pro se, has been involved in dozens of lawsuits over the past 28 years.  He said his impending federal case in Omaha will involve 70 witnesses. If the federal judge allows that many witnesses, that criminal case could drag on for weeks and thus Rosberg would be unavailable to press his latest lawsuits.

This $7.6 million lawsuit in Nebraska is sending a piercing legal chill through the nation’s network of organic inspectors. The case calls into question the willingness of the USDA and its National Organic Program (NOP) to stand behind inspectors.  After inspector Lunquist acted independently and notified NOP of his concerns, the NOP investigated and found that Rosberg’s operation indeed failed to qualify for organic certification. Lunquist’s complaint should have been kept confidential under NOP policy. But they inadvertently released his identity, leading directly to this lawsuit.

Although the NOP has provided a Declaration corroborating the accuracy of Lunquist’s original complaint, they have declined to help with Lunquist’s ballooning legal costs or to issue a public apology.

Judge Merritt granted plaintiff Rosberg a continuance until March 20, but said this was the last delay. In the interim, he allowed Rosberg to compel inspector Lunquist to provide further documentation, an action that will inevitably drive the defense legal bill even higher.

Lunquist, himself a Biodynamic CSA farmer with his wife and family at Common Good Farm, has established a website to keep people informed and to try and raise money to cover the cost of his legal defense

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AUTHOR’S DISCLOSURE: I serve on the board of Open Harvest Co-op in Lincoln, Nebraska. Common Good Farm is among 110+ local vendors that do business with our co-op. The coop has been helping to raise funds to cover the cost of Lunquist’s defense.

Organic Justice: An Update for the Common Good

The Court of Appeals for the Federal Circuit in Washington, D.C., has announced that on January 10, 2013 it will hear the appeal in a landmark legal case of critical importance to all who eat organic food: Organic Seed Growers and Trade Association (OSGATA) et al v. Monsanto.

This case is also, notably, of direct relevance to Evrett Lunquist, who was the subject of my November 14 report – America’s Organic Inspectors Chilled by Libel Case. In addition to that precedent-seting libel case, Lunquist and wife Ruth Chantry of Common Good Farm in Raymond, Nebraska are also among the coalition of organic farms and organizations which have banded together to press the class-action lawsuit against Monsanto.

The Organic Seed Grower’s lawsuit challenges the validity of Monsanto’s transgenic seed patents, and seeks preemptive court protection for farmers when Monsanto’s genetically engineered seed trespasses onto their farms and contaminates their natural, organic crops.

The plaintiff community of organic farmers asserts that this case is not just an academic dispute of patent law. Rather it is a critical issue affecting family farmers across the USA, with implications of global significance.

With the defeat of the GMO labeling proposition in California earlier this month, the OSGATA suit against Monsanto takes center stage in the national debate about genetically engineered food.

While the GMO invasion matter is being contested in court, this November the final report of the USDA’s Advisory Committee on Biotechnology & 21st Century Agriculture threw another hatchet at the roots of organic farming and food. The committee formally recommended that organic farmers be obliged to pay money to self-insure themselves against unwanted GMO contamination. The National Organic Coalition immediately issued a statement of opposition to this measure.

If the USDA implements such a requirement, it would be tantamount to  a mob “protection plan” — forcing farmers to pay protection money to insure that they are not ruined financially by the full-scale onslaught of the GMO Industrial Complex, Inc.

No amount of insurance, however, will protect the land, the farmers themselves, or the food they produce, from GMO contamination.

Rather than protecting clean land and farms, this recommended policy would place full cost and full responsibility for contamination not on the perpetrators, but instead on the farmers whose land and crops have been transgressed. It would, in effect, turn the common-sense understanding of justice on its head. In no way would such a policy serve the common good.

Organic Inspectors Chilled by Libel Case

Click here for an update – November 25 ,2012

“Organic integrity relies on the ability of inspectors to register complaints without fear of reprisal. A ‘chilling effect’ from the threat of disclosure and retaliation could make it much less likely that individuals will report to the NOP suspected fraud, misconduct, or other actions that undermine organic integrity.”   — Margaret Scoles, International Organic Inspectors Association (IOIA).

A $7.6 million lawsuit against Evrett Lunquist, an organic certification inspector, and International Certification Services (ICS), is sending a penetrating legal chill through the nation’s network of individuals tasked with ensuring that the organic label has a trusted meaning.

The case, the first known brought against an organic inspector by a farmer, calls into question the willingness of the USDA and its National Organic Program (NOP) to stand behind inspectors.

For the last 11 years, Lunquist, 42, has earned extra income working part time as an inspector of farms seeking USDA organic certification. He was acting on his own when, in 2008, he notified the NOP of suspicions about Paul Rosberg’s farm, near Wausau, Nebraska. Lunquist says he felt honor bound by the International Organic Inspectors Association (IOIA) Code of Ethics to report suspected fraud.

The NOP investigated independently, finding Rosberg’s operation indeed failed to qualify for organic certification. Lunquist’s complaint should have been kept confidential under NOP policy. But his identity was inadvertently released, leading directly to the lawsuit. “In my mind this is so simple,” Lunquist said. “I reported something I was concerned about. NOP looked at it and found everything to be true. My defense is to assert what is true and factual.”

Rosberg is representing himself, pro se, in the case. According to court records, the farmer has been involved in dozens of lawsuits in Nebraska the past 28 years. While pressing his suit against Lunquist, Rosberg and his wife have meantime been indicted by a federal grand jury on six counts of fraud for selling misbranded meat to Omaha Public Schools. They face fines and prison terms if convicted. That trial was set for November 26, but has been re-scheduled for federal court in Omaha on January 28, 2013 — just one day before the next scheduled hearing in the Rosberg-Lunquist libel case in Lancaster County Court (January 29).

The Lancaster County Court, however, granted Rosberg’s motion to amend his complaint against Lunquist, adding ICS and also “John and Jane Does 1-100” as defendants, alleging that they conspired together to deny him certification. The next hearing date in the case is January 29, 2013.

As Lunquist’s case drags on, his legal bills continue to mount—to over $27,500, as of October 2012.

Since the NOP violated their own confidentiality policy by releasing his name, Lunquist, with the support of the IOIA, asked the NOP to make things right. The NOP declined to help with legal costs or to issue a public apology, and was slow to provide documents needed for his defense, thereby driving up legal expenses. However, the NOP ultimately provided a Declaration corroborating Lunquist’s complaint. The agency stated it is taking precautions to ensure this never happens again.

Lunquist said his motivation for filing a complaint was to preserve organic integrity. “If people run roughshod over it,” he said, “then organic will have no meaning. In my mind I was doing the right thing by submitting information. This turn of events is stupefying.”

For more information, or to make a donation, visit lunquistlegalfund.org  Of note: Evrett Lunquist, his wife Ruth Chantry, and Common Good Farm are featured in a new documentary film — Higher Ground — being produced by Open Harvest natural foods coop.

Evrett Lunquist at work in the field. With his wife, Ruth Chantry, and their children, Lunquist owns and operates Common Good Farm. They produce free-range eggs, grass-fed beef, pork, herbs, and vegetables. It is one of two Demeter-certified Biodynamic farms in Nebraska. Photo by Michael Thurber.

AUTHOR’S DISCLOSURE: I serve on the board of Open Harvest Co-op in Lincoln, Nebraska. Common Good Farm is among 110+ local vendors that do business with the co-op.  This story also appears in The Cultivator, newsletter of The Cornucopia Institute.

Lakota Draw a Line on the Land: Try to Block Keystone Pipeline Trucks

A series of events breaking along the border of the Pine Ridge Indian Reservation in South Dakota may well develop into a major news story with resonant consequences for the law, for the environment, for treaty rights, and for the land.

Lakota people attempt to block trucks carrying equipment for the Keystone XL Pipeline tar sands project. Photo by Carlin Red Blanket, Sr.

As of Monday, March 5, 2012 the Lakota Oyate* have taken a stand on their Reservation border, drawing a line in an attempt to block the passage of trucks carrying equipment for the proposed Keystone XL tar sands pipeline.

KILI Radio 90.1 on the reservation has broadcast an Action Alert, calling all Lakota men “to come stand in defense of their treaty-bound reservation land.”

According to KILI, the Pipeline trucks are refusing to turn around claiming they have corporate rights that supercede any other laws

The vast earth-changing Keystone XL pipeline project — ripping up the tar sands of the Northlands and then pumping the toxic goo thousands of miles over fertile but fragile land to the Gulf of Mexico — was supposed to be on hold. But TransCanada, the foreign-owned corporation, continues aggressively to shove, spurt and snake parts of the pipeline forward.

This developing confrontation between Native peoples — who from their traditions understand that they bear responsibilities as keepers of the earth — and the huge multinational corporate XL Pipeline complex, could become an international focal point.

Updates from the scene as of Tuesday report that the trucks are being allowed to pass, and that Lakota people were arrested late Monday as they attempted to halt the trucks from entering their sovereign territory.

Meanwhile, troubles on the South edge of the Pine Ridge Reservation (the border between South Dakota and Nebraska) came into a strange, fuzzy focus in today’s edition of The New York Times. The Times published a disturbing story about the alcohol-induced heartache and misery anchored in Whiteclay, Nebraska, a notorious town squatting on the south border of the Pine Ridge Reservation.

* Notes on Oyate from Wikipedia: In January 2008, the Lakota Freedom Delegation split into two groups. One group was led by Canupa Gluha Mani (Duane Martin Sr.). He is a leader of Cante Tenza, the traditional Strongheart Warrior Society, that has included leaders such as Sitting Bull and Crazy Horse. This group is called Lakota Oyate. The other group is called the “Republic of Lakotah” and is led by Russell Means. In December 2008, Lakota Oyate received the support and standing of the traditional treaty council of the Oglala Tiospayes.

Left Behind: Unraptured by the Transgenic Tsunami

When Stewart Brand spoke at the University of Nebraska-Lincoln in mid-January, he broadcast a vision of a Genetically Modified (GM) future toward which he felt we should all be charging with bright-eyed enthusiasm. “Get out there where it’s getting weird,” he exhorted, “and get weird with it.”

As I sat and listened to Brand talk of the future, I was carried in reverie not forward but backward to 1964. That’s the year my mom took my sister, my brothers and me to the New York City World’s Fair where we made a pilgrimage through the most celebrated exhibit of all, Futurama. Sponsored by another GM (General Motors), the exhibit offered a glimpse into what life would be like in the future — as GM engineers wanted to conceive of it. Of course, the future materialized its own way, not in accordance with immaculately engineered visions.

Likewise, Stewart Brand’s exhilarating vision of a corporately-owned, genetically-modified World of Tomorrow — a world subsisting on a diet of what he calls ‘Green Ag BioTech’ — seems to me unlikely and ill advised.

Stewart Brand

Founder of the famously countercultural Whole Earth Catalog back in 1968, Brand now styles himself as an “ecopragmatist.” He said that three global dynamics – climate change, urbanization and biotechnology – are causing people like himself to reverse long-held opinions and to embrace nuclear power and genetically modified food.

Brand is vivid and likeable on the stage, and his talk was expansive and entertaining. Because he is such a prominent convert to biotech, his philosophical reincarnation as an ecopragmatist advocate for nuclear power and GMO food might well have a measure of influence. But not with me.

His talk left me unconvinced and unraptured by the whole vast global laboratory experiment on nature and our food that is currently being executed with slam-bam systemic speed. I just don’t hear the call of the land as a plea for more industrially created, corporately owned genes and the petrochemicals necessary to sustain them. What I hear instead is a full-throated call for natural respect. Same as it ever was.

Special Pleading

Brand told the story of how on his way to Nebraska to speak he had flown over the Sierras. While in the air he saw that there was no snow pack at all on the mountains this year. This kind of ominous drought, he said, has not occurred since the 1880s. Climate change is catastrophically real, he then affirmed, saying it was a central motivating force for the work he does in the world.

In the context of our unfolding climate calamity, Brand asked rhetorically, “What is moral and ethical?” He answered his own question in the same breath, saying that nuclear power, genetically modified plants and animals, and geo-engineering are all essential ways to the future, and that we — corporations, universities, governments and amateurs — ought to go full steam ahead into a more fully nuclear-powered, genetically modified world.

Brand said that at this point in history environmentalists have only hand wringing to contribute to the future. He derided “enviros,” saying they are people caught up in a web of suspicions and superstitions. They are just “sad reactionaries,” he lamented.

Aflame with hot scriptures of material technology, Brand allowed his rap to devolve. He uttered a disheartening damnation of unbelievers. In the years to come, Brand warned from his pulpit on stage, the leading edge of biotech will not be here in America but rather far afield in China, Africa and the Third World. Those places lack opposition, and have minimal regulation. In places like America where there is opposition to these thrusts, he warned, people such as organic and sustainable farmers and their supporters will be “left behind.” Organic farming will be more expensive and will yield food with less nutritional value than patented transgenic crops. Organics will become irrelevant.

Brand tossed off several ad hominem slams to imply that opposition to a GM future arises not from authentic, evidence- and ethics-based concerns, but rather from irrational fear.

In that sense his presentation was a special pleading: a form of argumentation where a person excludes facts or details that would upend the case they are attempting to make. Enraptured with his subject, Brand stuck to sweeping generalizations, and neither acknowledged nor refuted the substantial body of legitimate concerns about GM corporate industrial farms and food. This struck me as a disservice to the debate.

Likewise, Brand said nothing about the ramifications of corporate ownership and monopoly over various life forms. He said nothing about informed choice or human free will, absolutely massive aspects of the GM miasma. He said nothing about the mounting studies and literature reviews documenting concern about the impact of GMOs on human health and the natural world over time. He said nothing of the Precautionary Principle. And he said not a word about the suicides in India of hundreds of thousands of farmers — the largest wave of suicides in human history — in consequence of the debt and suffering incurred by becoming involved with corporate biotech.

These matters — scientific concerns about GMOs, the free will of human beings, and a saddening, stupefying wave of suicides — must be addressed in any discussion of corporate industrial agriculture and GM seeds and food. To ignore them, or to gloss them over, creates a dangerous distortion of reality.

Sans Spectrum

At one point Brand showed a PowerPoint slide with a double-headed arrow to illustrate the spectrum of opinion on climate change: from total denial to full acceptance. But he made no allowance for a justifiable spectrum of opinion on GM food. In his view, at least as I heard him express it, there are only two stances: sanguine acceptance of corporate genetic manipulation of the food chain, or pitiful irrational fear of the future.

There are millions of people who, for sound ethical, scientific, and spiritual reasons, oppose GMO-chemical farms and food. And there’s a mounting library of research that should give any thoughtful person pause.

The health consequences of eating genetically modified organisms are still largely unknown. GMOs just have not been proven to be safe over the long term. Increasingly, studies are suggesting that grave health problems — for plants, animals and humans — may well be caused by GMOs. We’re all still guinea pigs. Make no mistake: the jury is still out.

Consider. Nearly 50 countries — including Brazil, China, South Korea and the European Union—already ban many genetically engineered foods altogether. They also generally require labeling of GMO products so their people will know what they are eating.

As expressed by UC Berkeley professor of microbial ecology, Ignacio Chapela, “…the fundamental truth stands that over the decades no real benefit has offset the proven harm caused by GMOs.”

Most Americans, however, are every day ingesting plate loads of lab-created DNA while having absolutely no idea about what they are doing, and no choice in the matter. There are no labels. Our free will has been rendered inconsequential, even though surveys show overwhelmingly (93%) that Americans do want labels. More than half a million people have already signed a petition to the FDA asking for the basic information and protection of labels.

For these and other reasons I have written about, I am altogether at peace with the idea of being left behind by the corporate GM onslaught. I remain unraptured. I’ll take my stand for the future on clean, organic land and food. Same as it ever was.

A Titanic Transgenic Courtroom Clash

The debate about GM food will amp up considerably this year, starting on January 31. That’s the day that the courts will hold a preliminary hearing on the lawsuit the Organic Seed Growers and Trade Association (OSGATA), and others have brought against Monsanto. The hearing will determine whether this landmark case goes forward.

Along with 83 family farmers and organic ag groups — a group totaling over 300,000 members — OSGTA is challenging Monsanto’s patents on genetically modified seed.  The plaintiffs are carrying a banner in a crucial courtroom stance for everyone concerned about GM transgenic food.

The 300,000 member plaintiff group will set their case out in opening remarks at the hearing: “Society stands on the precipice of forever being bound to transgenic agriculture and transgenic food. Coexistence between transgenic seed and organic seed is impossible because transgenic seed contaminates and eventually overcomes organic seed.”

The Plaintiffs say they are seeking relief from the court because organic, biodynamic, and other farmers need legal protection against contamination by Monsanto’s transgenic crops. They will present evidence to show transgenic food does not serve the public interest, nutritionally, environmentally, agronomically, or genetically.

This case is of resounding significance not just for farmers but also for consumers. There are far-reaching potential health consequences of transgenic food, particularly for future generations of plants, animals, and people. All this and more will arise for courtroom debate.

Futurama – GM at the 1964 World’s Fair

Overheard at the County Fair

Senator Mike Johanns (R-NE) faced a heaping dose of raw voter intensity last week, as news accounts told the tale. At a town meeting in the capital city of Lincoln on Monday, August 8, he heard from a variegated crop of angry Nebraskans venting from the right and the left about America’s dizzily declining economic prospects and the political ploys in Washington that provoked the most recent twists and downturns.

But when Johanns arrived at the Lancaster County Fair later that afternoon, the scene was serious and generally sedate. He came to the fairgrounds to talk about the farming outlook for the nation and for Nebraska. Because he is a former Secretary of the USDA (2005-07), and current member of the Senate Agriculture Committee, his words have potential for resonance. But he didn’t say much. He was smooth, polished, and adroit at skirting potential triggers of controversy. His main points of information:

  • The downgrading of USA debt rating, and the wobbly economy, mean the USDA budget will be drastically diminished. When he was Secretary, he said, about 63% of the USDA budget went to nutrition programs like SNAP and school meals; but now that figure is up to about 83% leaving only about 17% for actual farm programs. “Be prepared for further downgrades,” Johanns said. “The weak economy will inevitably have a huge influence on the next ag bill.”
  • “There will be no sacred cows,” Johanns said in reference to impending budget cuts. The USDA ethanol subsidies that have aided and abetted the spread of GMO corn across the Heartland is all but certain to be cut. “There just aren’t votes for it,” said Johanns, who has been a big supporter of the subsidies in the past. Undoubtedly the decline of support among other Senators is the basic realization that it takes more energy and money to produce a gallon of ethanol that you can get from it. It’s a losing proposition.
  • The 2012 Farm Bill is on its way, Johanns also noted, but he expects that nothing much will happen this year (2011). As he sees it, there is no momentum for action in either the Senate or the House. The key areas of debate for the 2012 farm bill will be around crop insurance, the safety net for farmers.

The meeting soon gave way to questions. Chuck Hassebrook stood to ask Johanns to take a good look at the Grassley Johnson Rural America Preservation Act. Proposed by Senators Chuck Grassley (R-IN) and Tim Johnson (D-SD), the act could close loopholes and make the existing subsidy limits real.

Hassebrook, who is not only executive director of the Center for Rural Affairs but also a Regent for the University of Nebraska-Lincoln, a major land-grant institution, said that it’s time to put an end to mega subsidies for mega farms.

He said we need to put effective and meaningful caps on payments to the nation’s largest farms because we cannot afford them, and they harm rural America since the payments are often used to drive smaller operations out of business.

In the late August afternoon at the county fair, though, the most heartfelt and insightful message came from Nancy Packard of Lincoln. She attended the listening session with her elderly mother. Ms. Packard introduced herself as a Nebraskan with deep roots. She noted the Heartland farming efforts of her father, her grandfather, and her great grandfather.

“It takes 10,000 years to make a prairie,” Ms. Packard said, “I know that because I have been working on re-establishing the prairie on a piece of our land for 20 years. It’s not easy…Now we are using this resource, this ancient beautiful prairie soil not to grow food but to grow GMO corn with toxic chemicals to supplement fuel for motor vehicle fuel. It’s very, very wrong.

“We need to go back to smaller, family scale farms,” she told Senator Johanns. “And we need to stop ripping up and destroying the earth for energy. We need to draw our strength from the land and our energy from the Sun.”

Sower & Harvester: Agrarian Apha and Omega

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The Harvester by Dale Nichols.

The Bone Creek Museum of Agrarian Art,  will host an educational event from 1-4 p.m. Saturday, July 16. The event will begin with Chief Curator Mark Moseman introducing this year’s Chautauqua on artist Dale Nichols, the renowned Nebraska artist.

Journalist Steven McFadden of Lincoln — author of Farms of Tomorrow and The Call of the Land — will offer a Chautauqua presentation on the theme, “The Sower and the Harvester: Nebraska’s Agrarian Bookends.”

The Chautauqua will conclude with Ruth Nichols sharing Reminisces, and then The Frontier Strings — 15 violins led by Dr. David Jasper — will close the afternoon out with a performance guaranteed to stir creative agrarian impulses.

Bone Creek – America’s preeminent agrarian museum — is located at 575 E St., David City, Nebraska.

The Sower - 20-foot high bronze statue by Lee Lawrie atop the Nebraska State Capitol in Lincoln.