WTE: You just can’t see him from the road

“He’s still out there ridin’ fences / Still makes his livin’ with his rope / As long as there’s a sunset, he’ll keep ridin’ for the brand / You just can’t see him from the road.” – Chris LeDoux

The MW Cattle Company near Newcastle is more than a business. It is a way of life. Despite our fast-paced world, the Hunt family still saddles up to go to work. This is not driven by nostalgia. It is driven by on-the-ground practicalities.

The Hunts are the kind of folk who make Wyoming what it is. They are rooted in a family and community that is invested in the land. Their ranch spans the border between Wyoming and South Dakota.

Recently, the Hunts joined the Ranchers Cattlemen Action Legal Fund United Stockgrowers of America (R-CALF USA) and a similarly situated rancher in South Dakota to file a lawsuit against the U.S. Department of Agriculture (USDA). It concerned a new “Factsheet” that was published on the Department’s website in April.

Just six years ago the USDA completed a tedious process of negotiation, legal review, public comment, revision and publication of “2013 Final Rule.” This rule governs branding and tagging requirements for livestock that are moved across state lines.

This rule is particularly tough on the Hunts because their operation spans the border. But it also impacts virtually every ranch in Wyoming. Since Wyoming has no meat-packing plants within her borders, most cattle grown in Wyoming will need to cross state lines at some point.

The “Factsheet” unilaterally changed the most important agreements reached in the 2013 Final Rule. Most notably, it requires many Wyoming ranchers to transition from brands, tattoos and ear tags to the new and untested technology of radio frequency identification (RFID). This technology had been discussed at length before the 2013 Final Rule and attempts to mandate its use were rejected.

If you are unable to understand why this rule has such an adverse effect on ranchers, don’t feel bad. You and I are in the same boat. In fact, so are most of the bureaucrats that work in Washington, D.C. at the USDA. That’s why the “public comment” process is so important.

Governmental regulations that are tone deaf to realities on the ground are more than a nuisance. They can force a family off the land. The lawsuit, filed by Harriet Hageman, a 2018 gubernatorial candidate, on October 3, 2019 alleges that the Factsheet violates the 2013 Final Plan and four other specific federal laws.

According to the filing, the USDA was told by expert witnesses that mandating RFID would cost producers “$1.2 Billion to $1.9 Billion.” Nevertheless, when it formed Advisory Committees to help write the Factsheet, it failed to include anyone representing ranchers that opposed mandating RFID. They did, however, include the manufacturers of the RFID tags.

Five days after the suit was filed, President Donald Trump issued two executive orders aimed at preventing such abuses. Government agencies are not allowed to impose legally binding regulations without following the legal, rule-making process.

On October 23, the “Factsheet” suddenly disappeared from the USDA website. The USDA made no announcement withdrawing the RFID mandate. It just disappeared. The lawsuit remains on file because the Factsheet could just as easily reappear.

Only a month ago, I told the story of how a similar bureaucratic bird’s nest threatened to bankrupt Andy Johnson’s family in Mountain View. This story from the opposite corner of the state drives home the point that care for our neighbors requires us all to be vigilant against government overreach.

The way of life that makes Wyoming what it is did not happen by accident. It was built by our forebears who worked hard to build a community. They left us not only infrastructure, but a legal structure where families can thrive. That legal structure is designed to keep policy-making local. Our ancestors knew that only those with boots on the ground know the land well enough to govern it.

Wyoming has an awful lot of land that you cannot see from the road. The coal miners, roughnecks and cowboys who work it may be out of sight, but they dare not be out of mind. We owe them a debt of gratitude for lighting our homes, fueling our cars and feeding our families. Not only that, we also owe them our support and help when they are threatened by out-of-touch bureaucrats.

We should instinctively trust and support our nearest neighbors and not defer to distant bureaucracies. The way of life that we love was handed us by people on the land, and we need them to help us pass it on to our grandchildren. Hats off to the Hunts, Harriet Hageman, and every unsung hero who is vigilant to preserve Wyoming’s families and communities.

Also published in the Wyoming Tribune Eagle on November 15, 2019.