Judge: Government illegally quarantined Idaho potato fields

A federal judge ruled that the U.S. government illegally quarantined infested Eastern Idaho potato fields.

The federal government put these regulations into place in 2006 to prevent the spread of the pale cyst nematode, but these regulations were never discussed with the farmers themselves and ruined many of their businesses.

“Of the 20 or so farmers that were in the program at the time, and that are still there having land affected by this regulation, I would bet less than a handful of those are still actively farming,” said Stephanie Mickelsen of Mickelsen Farms. “Because it has made it so they can’t make a living doing it.”

The Department of Agriculture Animal and Plant Health Inspection Service put a quarantine on Eastern Idaho potato fields that were found with pale cyst nematodes. The pest, which is described as a microscopic worm, is currently on the world quarantine list.

“And you will never see it, you will never know it and it will never affect, it just affects the roots of the potato plant,” Mickelsen said. “If it got in really high numbers, which in Idaho it never did, and they don’t think it ever would for that matter.”

A federal judge ruled the agency did not follow the Federal Advisory Committee Act or the Administrative Procedures Act. They failed to include and inform the public on the new regulations, which affected their every day lives.

Farmers had two options, they could quarantine their fields for 30 years or follow the regulations and possibly get out of it in 10-15 years. They could not move a person or machine in or out of the quarantined field without being sanitized. The judge’s ruling gives the public more of a voice on the matter.

“Once it regulates or quarantines the field then there are things that have to happen to allow for that deregulation to occur to end the quarantine,” said Bill Myers, an attorney with Holland and Hart. “And the judge has said that the agency has to go back and go through the public process so the public has involvement in and understands what those regulations would be.”

Many farmers lost fields and their livelihood, having to get new jobs to support their families. A group of about 20 farmers joined together to sue the federal government. They consider the judge’s ruling a win.

“The big gain for them is that they’ll need to go back to the table,” Mickelsen said. “They’ll need to form an appropriate federal advisory committee and have those people that are affected be able to be stakeholders at the table to help craft regulation that will be livable for them into the future.”

The current regulations are still temporarily in place until new ones are decided on.