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In this appeal, we consider whether Appellee Federal Crop Insurance Corporation acted arbitrarily or capriciously in denying federal crop insurance coverage for corn that Appellants planted in on newly broken, non-irrigated acreage in Baca County, Colorado.
The agency determined that coverage should be denied because Appellants failed to follow good farming practices by planting on this newly broken land without first allowing a fallow period.
After they each received an unfavorable good farming practices determination, Appellants filed the instant action in the district court.
The district court affirmed the agency's unfavorable GFP determinations as to Appellants, and this appeal followed. There were two other plaintiffs involved in the proceedings below, but, unlike Appellants, their negative GFP determination was not based on planting on newly broken land.
Rather, the agency issued an unfavorable GFP determination against them because they did not apply any fertilizer to their corn acreage, which the plaintiffs explained was due to the fact that their corn crop did not emerge in the first place as a result of the severe drought in The district court held that the agency's negative GFP determination as to these plaintiffs was arbitrary and capricious and accordingly granted relief to these plaintiffs.
Their claims are not at issue in this appeal. Appellants are five farmers who planted corn on newly broken, non-irrigated acreage in Baca County, Colorado, in the spring of Some of this land had previously been subject to the USDA Conservation Reserve Program, while other land had previously been utilized for a grass crop.
Before planting corn on this newly broken land, Appellants each applied for Group Risk Income Protection coverage. Under a GRIP policy, the insured is indemnified if the county average per-acre revenue for the insured crop falls below the insured's trigger revenue.
This trigger revenue is determined by multiplying the expected county revenue by the insured's chosen coverage level, with the expected county revenue being determined based on expected prices and historical county average yields published by the National Agricultural Statistics Service.
It has come to my attention that some farmers in Baca County Colorado think they have a way to milk crop insurance out of a fortune using the GRIP program for corn in their county The rumor is that they are breaking out pasture land and intending to insure it on the first year it is cultivated.
Appellee's Supplemental App. An RMA representative responded:. Thanks for the information. We're looking in to [sic] this and other counties that may have similar GRP issues and are planning to make some changes for the crop year.
Although the GRIP policy does not have the new breaking provisions of [other types of policies, it] does contain a requirement that good farming practices be followed.
I'm attaching a memo that was recently issued reminding Insurance Companies of this requirement. Thanks again for the information.
I am going to pass this along to others in the agency. Various RMA employees discussed this potential problem in several internal emails sent in May In response, another RMA employee stated:.
We do have a nonirrigated practice for corn for [actual production history] purposes in this county A blanket good farming determination is no way to handle this issue.
However, we must assess the conditions at planting and the growing season to determine the necessary man[a]gement practices so that those individual decisions can be made.
In addition, allegations that the producers are not following good farming practices have been reported. The letter then advised the AIPS that they were required to conduct crop year reviews and growing season inspections in order to determine whether the approved procedures and policies, including good farming practices, were being followed.
In addition, the RMA began researching good farming practices for non-irrigated corn production in Baca County, Colorado, and specifically as this related to corn production on newly broken land.
The document then summarized and quoted from various sources discussing dryland corn production in western Kansas and eastern Colorado, where Baca County is located.
If you're farming dryland don't expect a crop this calendar year unless you get a huge amount of spring moisture 5? Other sources quoted in the document discussed corn's water needs and the problems with converting former rangeland and CRP land to cropland.
Heartland stated that all of Appellants' acreage was ineligible for insurance coverage because Appellants failed to follow good farming practices by 1 planting corn on newly broken lands without a fallow period, and 2 failing to apply sufficient fertilizer.
In accordance with this conclusion, the RMA restored insurance coverage for more than fifty percent of each Appellant's acreage.
For both Agro Appellants, the RMA considered the documentation provided by Agro, the results of their growing season inspections, generally recognized published material, and the documentation provided by Appellants to support their claim that they followed generally recognized good farming practices.
The agency then concluded that Appellants failed to follow good farming practices by planting non-irrigated corn on acreage newly broken out of native vegetation, rangeland, or CRP.
Thus, the RMA concluded that Appellant Tom Jacobs was not entitled to coverage for the non-irrigated corn he planted on The record indicates that Appellants were all refunded the premiums they paid for the newly broken lands that the agency excluded from coverage based on its GFP determinations.
Appellants sought judicial review of the agency's partially unfavorable GFP determination as to each Appellant.
The district court affirmed the agency's decision, and this appeal followed. On appeal, Appellants do not debate the merits of the agency's determination that planting non-irrigated corn on newly broken land without a fallow period is not a good farming practice.
Rather, Appellants simply argue that we should overturn the agency's determination as arbitrary and capricious because 1 the agency predetermined this result and made its decision based on bias and other improper motivations, and 2 the agency failed to follow its own procedures relating to the issuance of GFP determinations.
Wild v. Forest Serv. We first consider Appellants' argument that the agency's negative GFP determination should be overturned because the agency's conclusions were predetermined and were based on bias and other improper motivations.
We are not persuaded by any of these arguments. First, the record does not support Appellants' assertion that the negative GFP determination was predetermined.
At most, the materials in the record support the conclusion that RMA employees hoped they would be able to exclude at least some of the non-irrigated corn acreage in Baca County from insurance coverage.
However, the record indicates the RMA exercised its agency expertise by examining scientific evidence relating to various types of farming practices on non-irrigated lands and determining that this specific practice—planting non-irrigated corn on newly broken land without a fallow period—was not a good farming practice.
Even if RMA employees subjectively hoped the scientific evidence would allow them to reach this determination, such a subjective hope does not invalidate the objective scientific evidence supporting the agency's conclusion.
Nor does this subjective hope demonstrate improper bias on the part of agency decisionmakers. Unlike the evidence in the cases cited by Appellants, the evidence here does not suggest any type of personal bias or animus against Appellants.
We see no merit to Appellants' argument that we can find bias based on the agency's allegedly inconsistent treatment of non-GRIP policies that contained significantly different GFP language.
The differences between these policies' GFP provisions is sufficient to explain any inconsistent treatment, and nothing in the record suggests that the agency's determination was based on personal bias or animus instead.
We further note that Appellants have not cited to any cases invalidating agency decisions based on bias outside of the context of adjudicative proceedings such as administrative hearings.
Appellants suggest that cases discussing the right to a fair tribunal in adjudicative proceedings, see, e. City of Mission, Kan.
Since we reject Appellants' bias argument based on the lack of any evidence of personal animus or bias in this case, we need not decide the merits of this argument.
As for Appellants' argument that the negative GFP determination must be overturned because the agency was improperly motivated by financial concerns, Appellants cite to no authority for the proposition that an agency acts arbitrarily and capriciously by making a decision that is partially motivated by the desire to limit the expenditure of government funds, and we are not persuaded we should adopt such a rule in this case.
Similarly, Appellants cite to no authority for the proposition that an agency's decision should be overturned if a critical internal report by an investigative arm of the same government department could potentially have pressured the agency into taking some type of responsive action.
Appellants cite to a few cases holding that an agency action should not be motivated by extraneous pressures put on agency decisionmakers by individual members of Congress.
I have wondered why I do not remember stress or anxiety in feeding mouthes or in some cases doing dishes for days?
Why what I remember most is the joyous and treasured time we have spent around it? I can remember specific tears and specific laughter.
I remember specific meals and menus. Faces and family and babies and children. I remember more than I remembered that I did at first.
And it brings so much thankfulness to my father in heaven for always giving us more than we have deserved. For preparing us to be people who love and desire to share.
There have been questions from others too in the past about the amount of people we have in our home on a regular basis.
How do you afford the food alone? Don't we get tired? Don't we need to be alone? The questions go on and on. The answer to this is maybe more complicated than not.
I have shared before how we feel about our home in relation to others. I have shared our vision for our home and the like.
I can tell you that we have been provided for over and over again to share even more each and every time I feel like it may be tight.
Sure we get tired sometimes, never resentful though. There have been nights that I catch myself putting on an evening pot of coffee while I pray for the spirit to be present in our home, reminding myself through prayer that I do not need to be the one to carry the evening, all I am doing is providing a place for others to receive.
As Jagers we have found that although alone time can be good and beneficial, we feel extremely and wholly called to a life of togetherness, a life of shared community.
We want our children to grow up with a noisy house full of people that we love knowing that they can be loved amongst what is sometimes organized chaos.
There is something quite magical that can happen when you share a meal. There is so much sharing that can go on when you are all able and sometimes forced to sit around a table and stare at one another.
There is so little time to do that these days. And I believe that it becomes more sacred all the time. We have opportunity in our homes to share what we have so sweetly been given.
There are very lovely things that can happen when you invite others into to your home with Jesus in mind. Two themes I pray over when people are in our home, receive and experience.
We invite people in so they can share and receive in what we have been given, not just in our things or our food but in our salvation too.
We invite people in so they can experience the great love we have been given and share out of response to our redemption.
That doesn't mean that things are ever perfect, in fact that isn't even the benchmark we are shooting for. It means that it is real and often raw.
If you are at my table I am loving you the same as I love my little family, that means you are welcome to all I have to give.
You are not a guest you are family! There are no orphans here. The things that hold us back from sharing are often rooted in our belief that we are fatherless.
The belief that things need to be a certain way. That are homes need to be spotless, that we need to be able to cook, that we need to have time to prepare, that we need to have more money, that we need a bigger house or space.
But I can tell you after many years of having my house full to the brim more times than not in many different financial situations, in small houses and in big ones, when housekeeping wasn't a strength and when it was more of a possible priority, that the spirit is not picky.
He need nothing more than what you have already been given to work with. Waiting may provide you with the things you think you need but your heart will not change on its own.
You will need a savior for that job. You will need a realization of all of the gifts you have been given and death to your own needs and wants and desires.
Because when people come into your home they won't always be gracious or helpful, they will break things and make messes and you will have the opportunity to love them anyways.
And not because you yourself are naturally kind, or humble or gracious but because you have been loved and cared for by someone who made great sacrifice to do so.
And that is when the true blessing will be felt. I love our table, I love our home but more importantly I love the one who gave us all of it!
Happy Thanksgiving Friends! I am thankful for each of you and pray that your home or the one you are invited to this year is full of the spirit.
That you can enter into it with less expectation and more gratefulness, less need and more to give, with a posture that is ready to receive and experience from the one who gave it all.
Posted by Jessica at PM No comments:. Wednesday, November 19, I walk in, I walk out. A few times a year I have an appointment.
And appointment to talk about my body. Over the years I have learned that if I don't bring something to keep my eyes and ears and mind and fingers busy I will work myself into a tizzy while I wait.
Name, birthdate, fill out the aches and pains questionnaire, answer questions such as-do you have trouble getting yourself dressed? Do you have difficulty getting out of bed in the morning?
On a scale of one to ten how do you feel your diagnosis affects your daily life? Before I walk into the office I am a 32 year old woman, who lives life without much complaint, is thankful for all that she has, a woman grateful that she can cling to a savior instead of her own understanding.
I don't identify myself with my diagnosis, I am in pain everyday period When I walk into the office though I am faced with my reality, I am surrounded by folks usually at least 30 years my senior, white hair, canes, hobbling, all of the things I feel but do not say, do not speak because they are true for me too but I very much would rather pretend that they are not.
I walk out of the office stifling tears, speaking disgust to myself and resenting the truth. I deny love for myself in that area and by the time I reach the car I have convinced myself that in order to move forward I will just be stronger, work harder, stand taller.
I am a shover by nature, things that hurt, things that are uncomfortable, things that make me feel weak or out of control are often shoved.
Shoved and hidden. Some of this comes out of my past need to survive, some comes from my need to appear strong, some is because i hate being taken care of, and some or a lot of it comes from pride.
And the cause of these appointments is one of things I shove very well. There hasn't been a day in the last 9 years that I haven't been in pain.
My original diagnosis was Rheumatoid Arthritis. The name or label didn't really matter to me because I wasn't going to rest in it.
I wasn't going to let myself simply just live with that "opinion" I was going to fight it. Because if I acted as if the pain wasn't there, if I lived a life that was healthy and "good" than surely I could escape the reality.
And so I ran, and I threw out a freezer worth of packaged foods and I learned to cook well and proper.
And the denial, it worked partially, inflammation is very effectively treated with diet and exercise and in the beginning those things provided a very great amount of relief.
But then I got injured a few times and my Dr. And so I would run 6 miles instead of 10 and I continued to eat well and that carried on for some time.
Every time I went for my check up the Dr. Denial became comfortable and resting in my own understanding became easy. I continually refused all treatment, stating that when it became a need and the side effects were outweighed by my condition we could explore it more fully.
I became my own hero. Than the past year happened. My lower spine and hips began to hurt something furious, I couldn't sit or stand or lay down without pain.
And pushing through, pretending became more difficult. Sleep was non existent, I was feeling the pressure of my inability to accept myself.
I had reached a point of taking mg of Ibuprofen every 4 hours and that was just taking the edge off. I had reached the point I had spoke of so many times and although I had told myself I would be ready and that I would take care of myself, the truth in that was hard to stomach and the pattern of fighting continued.
The summer before last I was still traveling back and forth across the state to my previous rheumatologist. At my last appointment my Dr.
I came back to spokane and I made an appointment with a new Dr. On my first visit he looked through my chart and looked at me and said you are a brand new patient today, we are going to start completely from scratch.
Over the last months I have learned that i do not in fact have RA. I have a genetic abnormality that causes issues in my lower spine and sacrum.
It is in fact very much part of me. It is very much something that I can not change stop or get rid of. There is no pretending, it is in my genes.
And I resent the hell out of that. Most days I do not have a great outlook about it, most days I do not want people to know I struggle with chronic pain, most days I do not want to go to the Dr.
I've been so incredibly good at taking care of my body, I don't do drugs, drink to much or smoke, I eat properly and stay active, I'm not overweight or lazy.
I've been good! But the truth is I was created this way from the day I was born I had this abnormality. And so no amount of my striving or justifying why I should not be experiencing this will provide me with a different outcome.
This past summer though that had to change. I had a very real appointment with my Dr. Things are continually getting harder for me to hide, there are more days that getting out of bed hurts and hurts bad, if I sit for any amount of time I resemble that of one of those people in the Dr.
I've had to cancel plans on occasion to sit in the tub or just lay on the couch. So the question has come up, Is it worth it. Is pretending that I've got this more important than treating my body with medication?
Were my choices actually doing me more harm? What was going to win my pride or my need to care for my body? So I walked into that office and asked my Dr.
And so we formed a treatment plan I agreed to follow, I was prescribed a medication and agreed to take it. And it hasn't been easy, and I still catch myself fighting it.
I still catch myself trying to claim a different reality. I have a friend, the farmer, she has been telling me for years that the tree of life is not self-pruning.
I have rejected her statement, knowing full well its true but not wanting it to be true for me. Hoping that I would be the exception not the rule.
My prayer though lately would be that I would accept that truth that I preach in every other area of my life in this area too.
I don't get to be in charge of my weakness, I can not combat it on my own, my sin is not solved on its own, and I can't simply ignore it and be a good girl as I walk away.
I have many options thats true. There is one though that is actually going to provide relief. I can lay this resentment, this weakness at the foot of the cross and I can take my eyes off it and look up in order to see the face of a creator who loves me and accepts me wholly and completely.
I can move forward boldly knowing that it is part of me of me but it doesn't define me any more than the red hair upon my head. That someone died for me specifically so I would not have to be self absorbed in worry and resentment.
And so the cats out of the bag. I am in pain daily. My body hurts and I often feel weak. I am currently waiting to get prescriptions for a weekly series of shots that will combat that pain, inflammation and weakness.
And my dealing with it signifies a love for a creator that made me with a plan and a purpose. He is strong so that I am able to be weak.
And when my resentment takes over I can remind myself that I am free from a need to prove my worthiness for good things.
I will never be worthy on my own right. Jesus died so that I would know that I am so very loved and accepted for who I am, And out of that I can love and accept myself for who I am.
I walk forward as I do when I was pretending there was nothing wrong a 32 year old woman, who lives life without much complaint, is thankful for all that she has, a woman grateful that she can cling to a savior instead of her own understanding.
A woman who can be bold and transparent. And admit that sometimes stuff is tough and acceptance for myself is a struggle but I am not alone.
I am free from striving, free from proving, free from earning. Loved, broken and completely renewed. Walk in love friends- You too have been set free from your earthly woes.
You have a way out that is so far beyond your own understanding. You are worth it. Those 4 words would make a difference in most kids life.
They would have made a difference in mine. They make a difference for my kids. And they are very much Gods heart for each of us.
I was a weird kid. I was a weird kid that never fit in. That was separated by my life experience at a very young age.
Wounded and broken. Serious and intense. Wise beyond my years. Those were the polite words that people would use to describe me or my situation as a child.
And for most of my life I believed that it was just me. That my experience was what set me apart. I tried hiding from myself, hiding my story, "acting normal", keeping silent, being invisible.
What I realize now is that people use those words for things they do not understand. They make up phrases to cover their misunderstanding, their judgement, their own guilt for how they really feel.
I was not set apart in this. I was not a victim of my life experience, I was not a victim at all. In fact there was nothing that happened to me that was not seen by my Father in heaven.
In most of life we are only as different as we allow ourselves to be. Because we are unaware of what connects us all in the first place.
We are unaware that we were created on purpose, that God determined us worthy when we were merely only a thought in his mind, before were even born.
Being weird though in the worlds eyes or being seen differently has the ability to wreck you. It can easily typecast you.
It can easily stunt you if you believe in the category. It can easily become truth in your heart. My son Elliot has been viewed as the above.
Much if not all of his life. He has dealt with bullying, judgement, being left out, and the like on more than one occasion.
By kids, by teachers, by other parents, by strangers. Subsequently I have seen him deal with this in a number of ways. I have seen him cry, lash out, act in the way those expect simply to prove them right, remove himself from fun and I've watched him become as others describe I have heard him describe himself in ungodly ways, I have heard him repeat the description others have placed on him, I have heard him tell me that his life is not worth living.
He is But the good is equally real and over the last year I have seen beauty come from ashes. He is sensitive to the needs of others, willing to help the underdog, loving and kind beyond measure, and accepting of just about anyone.
He is smart and wise, tender and good. This isn't my rebuttal to the world or my declaration of my son as a victim.
It may be my declaration that we miss out. That when we judge some as different often times it becomes bad overnight.
We often times categorize these people as not worth the time, not worth the effort, exhausting, and unworthy.
And my favorite weird! I could give you the argument of weird people make the world go 'round. I could name countless "famous" folks that were considered weird or outcast.
I could tell you that we are missing out by typecasting the fortunate who are bold enough to be who God created them to be, but I assure most "weird" people would rather just fit in.
Because thats what society says we should do. But mostly I want to tell you that God has purpose in each of us, you were made on purpose.
And God sees your tears, he sees you when you are left out, he sees you when you are judged. He wants you to know that you belong, that you are wanted, and that you were worth the sacrifice of His son on the cross.
I went to my sons conference last night. We just finished a couple of years of tumultuous experience of schooling. Home was fine the public sector was less than.
I became shell shocked by the amount of complaints I heard about my son each week at school. It was hard. It was real. He did not fit in.
Some of it was on him, some of it was on others. Some of it was on me. So this year when we decided to put Elliot back in the school system I was more than worried.
I was petrified. Brian and I had prayed and pondered and prayed some more and felt led to send him and so we did. I have prayed until I have had no words left to pray each and every morning, that he would be loved, that he would be accepted, that he would be heard and seen and known.
And God has softened my heart to realize that Elliot was already loved, accepted, heard, seen and known and he is worthy.
Praise be to God. There weren't any complaints, in fact the words were Elliot is a perfect addition to our class, he is helpful and kind, the first one to offer a hand.
And my son beamed. I remembered and reminded myself that God is good in the good and the bad. He was good through the complaints and he was good when we received praise.
The difference of me expecting the worst last night compared to times in the past was I did not need those words from Elliot's teachers to validate how I felt about my son.
He did not need them to define his worth. God had taken care of my heart through the hard times. And had we not gone through the amount of judgement and hardship we have gone through over the years I am not sure that moment would have rung as sweet.
Because without the hardship I rest assured that there would have been far less talk of Jesus in our house, the credit would have been easier to accept as our own.
There would have been far less vulnerability and tears in my home, which would have left less room for God to dig in deep. And the healing There has been much.
And what I am left with is an immense faith in the one who truly heals. The one who determined our worth so long ago. God created us all weird, because we were all created incredibly different on purpose, but in that we can find that we have far more in common.
We have the same creator who looks at us and says you are beautiful, you are loved, you were created for good, on purpose, I see you, and you are worthy.
And that folks is our identity, those are the words we get to walk around with, that not only describe us but save us from the judgement of this world.
Wednesday, November 5, On Love and the Crazy that comes with it. The longer that I am married the more I realize that the times I feel most loved, the times when I feel like my husband is most for me are very rarely found in grand gestures or perfectly planned out romantic evenings Real life does not leave much time for those sorts of things to take place regularly.
I find the most love and the most acceptance in Brian knowing me and loving me anyway. We are all quite unlovable on our own right, aren't we?
We are most often selfish and self-seeking, it is easier to take care of ourselves than to allow our hearts to be loved by another because there is risk involved there.
I mean what if we are let down, hurt, mistreated, not thought of I have lived a lot of time in the what if.
It has at times made me a hard person at best. An untrusting, self protected, crippled woman. Much of that baggage and response was created from relationships with others too not my relationship with my husband.
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