EEUU: Idaho potato growers lawsuit to go ahead

The growers are seeking to end a quarantine after the discovery of a microscopic pest that caused some countries to initially ban Idaho spuds.

The Agriculture Department argued that the Idaho farmers didn’t have standing under federal laws to bring the lawsuit and that the lawsuit wasn’t specific enough. But U.S. District Court Judge Edward J. Lodge in a 22-page ruling earlier this month rejected both of those arguments.

William Myers, an attorney representing about a dozen potato growers, said his clients are pleased to move ahead to argue "where we think there are flaws in the agency decision making."

Lodge in his ruling dismissed Idaho officials from the lawsuit, noting state court was the proper venue concerning potential violations of state law. Myers said they were still analyzing whether to file a lawsuit in state court against Idaho officials.

The discovery of the pale cyst nematode in Bingham and Bonneville counties in 2006 was the first detection of the pest in the United States, and authorities have been trying to eradicate it ever since. The plan includes quarantine and treatment of infected fields as well as special regulations for some associated fields.

Federal and state officials say the pale cyst nematode has infested some 10,000 acres in Idaho. Another 7,500 acres are being regulated because they might also be infested.

That’s a tiny fraction of the land growing potatoes in Idaho — about 324,000 acres in 2015, according to the USDA’s National Agricultural Statistics Service. The agency says Idaho led the nation in 2015 by producing 13 billion pounds of potatoes, about 30 percent of the nation’s potato crop, with an estimated value of $900 million.

Specifically, the lawsuit deals with the process of how the quarantine was put in place in Idaho. If it’s successful in lifting the quarantine, the pale cyst nematode would still be classified by in the U.S. and some 30 countries as a pest requiring quarantine. It’s not clear how other states or countries would react if the lawsuit succeeds. Japan, for example, still refuses to import Idaho potatoes after the initial discovery.

Source: idahostatesman.com