ARC Yield Lawsuits Possible

published in DTN/Progressive Farmer | February 9, 2016

Jeff Todd, co-chair of McAfee & Taft’s Agriculture and Equine Industry Group and a trial lawyer who has litigated numerous federal crop insurance cases across the United States, was interviewed by DTN/Progressive Farmer about legal action being considered by farmers who believe the Farm Service Agency did not properly calculate final county yield totals as required for the Agriculture Risk Coverage Program.

“We’ve had a lot of inquiries, a lot of questions from producers in eastern Colorado, Kansas and other states as well where they believe FSA did not follow the proscribed procedures in determining county yield,” said Todd.

According to Todd, the yields used by the FSA in many counties are way too high, leading to no payments or deflated payments to farmers participating in the ARC-County program. An even closer look at the data shows a number of neighboring counties within a particular region of a state with identical yields – a statistic, he says, that is virtually impossible.

“I think you can look at the FSA data and identify issues in nearly every state; whether or not that results in producers wanting to take action in every state, that has yet to be determined,” said Todd. “Obviously, folks who didn’t get a payment, when all the data indicated they were going to receive a payment, you can imagine they probably feel like the FSA numbers are inflated.”

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