On Oct. 4, the National Cattlemen’s Beef Association (NCBA) called on the EPA to pause their Waters of the U.S. (WOTUS) rulemaking after the U.S. Supreme Court heard oral arguments in Sackett v. EPA, a case that will determine the EPA’s authority to regulate bodies of water under the Clean Water Act.
“Since the passage of the Clean Water Act, cattle producers have experienced the regulatory whiplash of shifting WOTUS definitions – on average, a change every 3.8 years,” said Kaitlynn Glover, executive director of NCBA’s Natural Resources and Public Lands Council. “NCBA is hopeful that the court will support NCBA’s argument for clear and limited WOTUS definition. But in the meantime, we call on the EPA to suspend their rulemaking until the outcome of the case is clear.”
In April 2022, NCBA filed an amicus brief before the Supreme Court, which called for a new test for determining whether a water feature falls under the jurisdiction of the Clean Water Act. NCBA’s argument would allow the government to protect substantial bodies of water while hoping to prevent overreach on small isolated agricultural water features.
NCBA also filed comments on the Biden administration’s proposed Waters of the U.S. rule, calling for the rulemaking to halt until the Supreme Court issues a ruling on Sackett v. EPA.
Biden, USDA announce efforts to promote fair meat markets
At a Sept. 27 meeting of the White House Competition Council, President Joe Biden announced two new efforts by the USDA to support fair and competitive meat and poultry markets. The efforts include publishing the proposed Inclusive Competition and Market Integrity Rules Under the Packers and Stockyards Act to protect farmers and ranchers from abuse, as well as a new $15 million Agricultural Competition Challenge to ramp up collaboration with state attorneys general on enforcement of the competition laws, such as those against price-fixing.
The USDA has proposed these regulations under the Packers and Stockyards (P&S) Act’s provisions prohibiting undue prejudice, unjust discrimination and deception to provide for more effective standards to govern the modern marketplace. The Inclusive Competition and Market Integrity proposed rule would revise regulations under the P&S Act by prohibiting certain prejudices and disadvantages against covered producers in the livestock, meat and poultry markets. The regulations would prohibit retaliatory practices that interfere with lawful communications, assertion of rights and participation in associations, among other protected activities – such as retaliating against a farmer or rancher for blowing the whistle on price-fixing. The regulations would also identify unlawfully deceptive practices that violate the P&S Act with respect to contract formation, contract performance, contract termination and contract refusal.
This rule will soon be published in the Federal Register and made available for public comment. A preview of the rule is available at the USDA Agricultural Marketing Service website. Once published, stakeholders and other interested parties will have 60 days from the date of publication to submit comments via the Regulations.gov web portal.
