Nebraska

Farmers

Union

 

1305 Plum Street • Lincoln, NE 68502

www.nebraskafarmersunion.org

 

Contact John Hansen   Office:  402-476-8815,

Fax:  402-476-8859, Cell:  402-580-8815

john@nebraskafarmersunion.org

 

FOR IMMEDIATE RELEASE

April 6, 2006                                                                                        Lincoln, Nebraska


                                NEFU Says Support For I-300 Stronger Than Ever

Nebraska Farmers Union (NEFU) President John Hansen praised the overwhelming response by nearly 60 state and national organizations in strong support of Article XII, Section 8 of the Nebraska Constitution, commonly known as I-300.  Hansen noted that at least six Amicus, or Friend of the Court briefs have been or would be filed in support of Nebraska Attorney General Jon Bruning’s appeal to the Eighth Circuit Court of Appeals to reverse the U.S. District Court for the District of Nebraska December 2005 summary judgment ruling by Judge Laurie Smith Camp.  If that decision is allowed to stand, it would strip Article XII, Section 8 from the Nebraska Constitution, which was placed there with 56% voter approval of Initiative 300, known as I-300 in November of 1982. 

Hansen, a member of the original I-300 drafting committee said “Whether you agree or disagree with the public policy contained in Nebraska’s Constitution, I would hope every citizen of the state of Nebraska agrees that it should be up to the citizens of the state through either their elected officials or the citizen initiative process to chart their own public policy direction.  The impact of Judge Laurie Smith Camp’s decision, if allowed to stand, would erode and undermine any state’s right to chart its own course by inappropriately applying the dormant commerce clause to trump states rights.   States would find themselves disarmed and unable to give oversight or public policy direction to corporations generally.  This court decision, if allowed to stand, would reverse the traditional control and authority that states have used to achieve legitimate public policy objectives.  The impact of this court ruling is extremely far reaching.  It would not just negatively impact corporate farming laws in Nebraska and around the country, it would undermine the authority of states to regulate corporations in a manner consistent with the public good across the board,” Hansen said. 

Hansen said, “It is important to remember that citizens asked the Legislature to deal with the problems created by corporate farming for nearly 14 years.  They failed to respond or act.  As a result, citizens used the initiative process to set state policy supported by the overwhelming majority of citizens.  I-300 did not discriminate against anyone, or limit any activity.   Anyone who wants to farm in Nebraska can do that as an individual, a partnership, or as a member of a family farm corporation.  I-300 leveled the economic playing field by limiting the use of the corporate shield.  In our state, if you cause damages or incur expenses, you pay for it.  With I-300 in place, Nebraska has become the top red meat producing and processing state in the nation.  Our state is not only competitive, we produce our food and fiber in a more responsible fashion,” Hansen concluded. 

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