The American Farm Bureau reports Tuesday that the U.S. Supreme Court will decide whether a lower court acted hastily and incorrectly by banning the cultivation of biotech alfalfa despite extensive scientific evidence documenting the safety of the crop. 

A coalition of agricultural organizations, including the American Farm Bureau, filed on March 8 a joint friend-of-the-court brief to the Supreme Court in support of the petitioners in “Monsanto Co. v. Geertson Seed Farms.”

The brief was submitted by the American Farm Bureau Federation, Biotechnology Industry Organization, American Seed Trade Association, American Soybean Association, National Alfalfa and Forage Alliance, National Association of Wheat Growers, National Cotton Council and National Potato Council.

According to Farm Bureau, the groups urge that the lower courts’ decision to approve an injunction without adequately hearing the key evidence must be reversed “to protect the farmers who choose to grow genetically-engineered crops, as well as the public benefits that agricultural biotechnology brings to producers and consumers around the world.”

Last year, Nebraska ranked 7th in the nation in alfalfa production with 3.61 million tons of production. According to the USDA, the value of hay receipts in 2008 was nearly $130 million making it the fourth largest crop commodity in Nebraska behind corn, soybeans and wheat.

In the lower court case, environmental groups and individual organic alfalfa farmers sued the United States Department of Agriculture (USDA), claiming that USDA’s decision to grant deregulated status to glyphosate-tolerant (or “Roundup Ready^®”) alfalfa violated the National Environmental Policy Act, according to Farm Bureau.

The courts in the Ninth Circuit determined that USDA should have done an environmental impact statement (EIS) before it decided to deregulate, and the court ultimately enjoined almost all planting and sale of Roundup Ready^® alfalfa pending the issuance of the EIS. 

Farm Bureau said that the lower court’s injunction against biotech alfalfa, however, was made without the court conducting a thorough review of evidence that precluded a finding of irreparable harm, according to the brief. In addition, Farm Bureau said the brief explains that the lower courts failed to consider the public benefits of agricultural biotechnology, which already is adopted widely in the United States for a number of key crops such as corn, soybeans, cotton, sugar beets, and in 2005, USDA’S Animal and Plant Health Inspection Service (APHIS) concluded that there is no significant impact on the human environment due to granting non-regulated status to Roundup Ready^® alfalfa. 

In Nebraska, last year, the USDA reported that 91 percent of all the corn planted in the state was of a biotechnology variety and 96 percent of all soybeans were of a biotechnology variety. More than 13 million acres of corn and soybeans were harvested last year in Nebraska.

Following the lower court’s ruling, APHIS completed a 1,400-page document as its draft EIS, and again has recommended that Roundup Ready^® alfalfa be deregulated and that farmers be allowed to grow it. This is an important case because it will be the first time the high court has weighed in on the risks of genetically engineered crops, Farm Bureau  said.

Of the more than 10,000 cases appealed to the Supreme Court each year, only about 1 percent is accepted for review on the merits and oral arguments. This matter is scheduled for oral argument on April 27. A decision is expected from the Court by June.

Rain is soaking south Central Nebraska, bringing an inch or more of rain throughout the area with rainy and possibly snowy conditions forecast through the weekend.

The National Weather Service in Hastings reported area rainfall mounts as of this morning:

— Grand Island airport, 0.80 of an inch.

— Hastings airport, 0.94 of an inch.

— Kearney airport, 0.71 of an inch.

— Aurora airport, 0.75 of an inch.

— Greeley, 0.63 of an inch.

— Loup City, 1.12 inches.

— Ord airport, 0.80 of an inch.

— Osceola, 0.57 of an inch.

— Wolbach, 0.75 of an inch.

— Wood River, 0.94 of an inch.

As of this morning, Grand Island has had 1.34 inches of rain for March. Average March precipitation is 2.04 inches.

Much of south Central Nebraska, including Grand Island, remains under a flood watch until later tonight, according the National Weather Service in Hastings.

With rain continuing through the day and into tonight, the flood potential is enhanced as soils are saturated and the ground is frozen in many locations, increasing the likelihood of heavy runoff into streams and creeks.

In addition, the National Weather Service reported that ice jams are still occurring along some area rivers and streams, amplifying flooding in some areas.

But much of the potential flooding will be minor and located on lowlands near creeks and streams and low-lying rural areas. The National Weather Service reports that the lower Loup River basin downstream of St. Paul has an enhanced risk of flooding due to the combination of ice jams and rainfall runoff.

A flood warning remains in effect for the Loup River near Genoa in Nance County. At 6:15 a.m., the river stage was 9.3 feet. Flood stage is 9 feet. Minor flooding is forecast as the river is expected to rise to nearly 9.4 feet by early Wednesday afternoon, with the river falling below flood stage by early Friday afternoon. The National Weather Service said the flooding is caused by a combination of ice action in the river, thawing ice and rain runoff.

Rain will continue through the weekend, though the heaviest precipitation is expected to end tonight, but temperatures will be cooler.

On Wednesday, there’s a 30 percent chance of rain with a high near 42 degrees. On Wednesday night, there’s a chance of rain before midnight, then a chance of rain and snow as the low is expected to be around 31 degrees.

There’s a chance of rain and snow Thursday with a high near 41 degrees. It will be breezy, with a north wind between 20 and 25 mph, with gusts as high as 35 mph. There’s also a chance of rain and snow Thursday night with a low around 30.

There’s a chance of rain and snow Friday before noon with a high of near 41 degrees. The weekend looks to be precipitation-free with highs in the upper 40s Saturday and the low 50s Sunday.

Calving season is under way, and the wet, cool weather and muddy conditions have added a degree of difficulty for producers. The wet conditions are also hampering feedlot conditions.

The U.S. Department of Agriculture reported recently that cattle and calves condition were rated 0 percent very poor, 4 percent poor, 27 percent fair, 67 percent good and 2 percent excellent, below last year. Calving progressed to 23 percent complete.

According to Lester Brown of the Earth Policy Institute, harnessing of solar energy is expanding on every front as concerns about climate change and energy security escalate, as government incentives for harnessing solar energy expand, and as these costs decline while those of fossil fuels rise.

Brown said one solar technology that is really beginning to take off is the use of solar thermal collectors to convert sunlight into heat that can be used to warm both water and space.

Using China as an example, Brown said it’s now home to 27 million rooftop solar water heaters.

“With nearly 4,000 Chinese companies manufacturing these devices, this relatively simple low-cost technology has leapfrogged into villages that do not yet have electricity,” Brown said.  ”For as little as $200, villagers can have a rooftop solar collector installed and take their first hot shower.”

He said the technology is sweeping China like wildfire, already approaching market saturation in some communities. Beijing plans to boost the current 114 million square meters of rooftop solar collectors for heating water to 300 million by 2020.

Brown said the energy harnessed by these installations in China is equal to the electricity generated by 49 coal-fired power plants.

“Other developing countries such as India and Brazil may also soon see millions of households turning to this inexpensive water heating technology.” he said. ”This leapfrogging into rural areas without an electricity grid is similar to the way cell phones bypassed the traditional fixed-line grid, providing services to millions of people who would still be on waiting lists if they had relied on traditional phone lines. Once the initial installment cost of rooftop solar water heaters is paid, the hot water is essentially free.”

Ted Schroeder, a Kansas State University agricultural economist, said to feed a world population projected to exceed 9 billion people by 2050, technology that can enhance food production will be a significant asset.

 Schroeder, university distinguished professor of agricultural economics, said dramatically increased food prices around the world in recent years, social unrest over food scarcity in countries like Argentina, Bangladesh, Egypt, Mozambique and many others — combined with a growing world population — are raising the question what will it take to feed the world’s population 40 years from now.

Schroeder said that technology isn’t a magic wand to make these problems disappear, but it can contribute significantly to increasing food production. He cited how Iowa’s corn yields sped past Italy’s when Iowa farmers embraced yield-enhancing, genetically modified corn varieties that have been shunned by Italy and much of the European Union.

 ”It shows so starkly what technology can do to increase food production with the same fixed resource base,” Schroeder said. “Technology discovery, technology development and technology adoption are huge in terms of food prices, who will produce the food and how we’re going to feed the world.”

 Genetically modifying crops certainly isn’t a new technology, Schroeder said, but advanced abilities for DNA gene mapping — especially in animal populations — is a promising area of development.

 ”Any technology that increases our ability to understand and predict how an animal or plant is likely to react to a stimulus or environmental factor, or technology that targets managing specific food product attributes produced from crops and livestock, is going to make a substantial difference in providing affordable, high-quality, safe food to the growing base of global consumers,” Schroeder said.