‘Operations are pushed out through what can only be described as death by a thousand cuts’

WASHINGTON, D.C. — The House Oversight and Government Reform Committee held a “Farming on Trial / Ag Lawfare” roundtable discussion on Tuesday, April 21. The nearly four hours of testimony moved from public policy to personal experience, as witnesses detailed years — even decades — of legal battles with federal agencies.

“American farmers and ranchers are the backbone of our great nation, and they deserve to be able to farm freely without fear of wrongful, politicized prosecution from state and federal leaders,” said Chairman James Comer (R-Ky.) “Through evolving regulations, costly litigation and, in some cases, criminal prosecution, the federal and state governments have waged an aggressive posture toward the farming community.”

Democratic Committee members did not participate. Ranking member Rep. Robert Garcia (D-Calif.) said the format lacked formal hearing structure and described it as “not real oversight.”

Testifying for American Stewards of Liberty, Margaret Byfield recounted her own family’s decades-long fight after her parents purchased a Nevada ranch, describing a prolonged conflict with federal regulators and repeated citations over minor issues.

“We spent 13 years basically handling combat with the three administrative appeals and 27 years in the federal courts,” Byfield testified. “We lost the Takings case. The cattle were confiscated without a court order. We were never compensated, and ultimately, we lost the ranch.”

Her account pointed to what witnesses described as a structural imbalance in the regulatory system.

“One of the fundamental problems is that the administrative agencies embody all three powers,” Byfield said. “They have the power to execute the law; they also write the law, or rather their handbooks; and they enforce the law.”

Though the hearing did not delve into greenhouse gas metrics or specific sustainability programs, witnesses repeatedly linked the pieces to long-term control of land use.

“Producers are put in a position so that it’s hard for them to produce food, hard for them to hold on to their property,” Byfield said, describing a pattern in which regulatory pressure is followed by conservation funding tied to ongoing obligations.

“In comes all of the conservation program funding, which comes with federal strings that are now also tied onto that property,” she said. “The mitigation requirements can extend this indefinitely, providing all of the funding needed for the management in perpetuity through conservation easements tied to permits.”

Colorado rancher Shad Sullivan for R-CALF described what he called a “self-reinforcing” system linking government agencies and eNGOs.

“Environmental organizations have become highly effective in driving these federal and state land grabs. The Nature Conservancy has been at the forefront of these efforts while the World Wildlife Fund (WWF), which has claimed that cattle are killing the planet, have also partnered with agricultural trade associations to influence policy,” Sullivan testified.

“Many eNGOs receive millions in federal and pass-through funding each year and use tactics like ‘sue and settle’ to shape outcomes. Overlapping leadership between these organizations, government agencies and universities creates a closed loop of influence that drives policy, messaging, and enforcement.”

He said the impact on producers is cumulative. “Across the country, we’re seeing the same pattern,” Sullivan said. “Operations are pushed out through what can only be described as death by a thousand cuts.”

Joining the discussion, House Agriculture Committee Chairman Glenn ‘GT’ Thompson (R-Pa.) emphasized the broader stakes.

“Ag lawfare happens with alarming frequency,” he said. “Farmers and ranchers wake up every morning worrying about weather, pests, animal health, workforce and markets. They should not have to wake up and worry about their government.”

Rep. Tim Burchett (R-Tenn.) echoed these concerns, saying he has seen similar cases in his district where producers have “gone through their family savings trying to defend themselves.”

Thompson pressed witnesses on what Congress can do.

“I think by having hearings like this begins the conversation,” said South Dakota Attorney General Marty Jackley who laid out several situations. “Many farmers and ranchers just want a fair playing field. There’s often government overreach making it more challenging and more expensive to produce.”

Rep. Scott Perry (R-Pa.) zeroed in on accountability, suggesting accountability should go beyond budgets to potential civil rights implications when property rights are infringed.

“It’s unimaginable that people have to deal with what you’re dealing with,” he said. “The people that were wandering around looking for one missing staple on a fence post in 25 miles of fence did that by design for a reason. They’ve got an ideology, and they’re imposing it with the awesome power of the government.”

While much of the testimony centered on Western ranching cases, witnesses and lawmakers said the concerns reach far beyond cattle operations.

“It’s important to everyone, not just a farmer and a rancher,” Byfield said.

Lawmakers pointed to potential responses, including stronger oversight of federal agencies, greater transparency around taxpayer-funded litigation under the Equal Access to Justice Act, and possible reforms to eminent domain authority.

They also raised questions about the cost of regulation, suggesting the need for better data on how those pressures flow through to consumers as higher food prices.

At the same time, Thompson and others emphasized that uncertainty in federal rules — including long-running disputes over water regulation — affects a wide range of agricultural sectors, with implications for food and national security.

The roundtable highlighted differing views on regulation, but testimony consistently returned to whether the current system strikes the right balance between environmental goals and the ability of producers to operate.

“Our story is actually just an example of thousands of stories going across America,” Byfield said. “We just had the chance to tell ours.”