Here is a brief look at the news affecting dairy producers for the week of May 28 – June 3, 2023.

Natzke dave
Dave Natzke
Editor / Progressive Dairy

Digest highlights

U.S. Supreme Court limits WOTUS authority

On May 25, the U.S. Supreme Court issued a unanimous decision limiting the Environmental Protection Agency’s (EPA) authority to regulate U.S. waterways under the Clean Water Act (CWA).

Under the “Waters of the U.S.” (WOTUS) rule, the EPA sought to regulate any water "adjacent" or with a "significant nexus to" a navigable water. The case (Sacket v. EPA, et al.) concerned a landowner's filling of a wetland and subsequent EPA enforcement against the landowner. The Supreme Court ruled for the landowner, establishing the definition of a "water" covered by the CWA only includes those wetlands which are "indistinguishable" from navigable waters. 

The scope of federal regulatory authority through the CWA has been controversial for many years and the subject of multiple lawsuits. In more recent times, the Obama administration expanded the federal government’s reach by issuing the WOTUS rules. WOTUS was revised through the Navigable Waters Protection Rule, implemented in 2020 by the Trump administration.

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The Biden administration then moved to restore WOTUS to pre-2015 conditions with modifications and additional regulations released in January 2023.

With this Supreme Court ruling, portions of the new regulations are no longer applicable.

Decisions in two other recent lawsuits have also gone against the EPA.

In March, the U.S. Court of Appeals for the Fifth Circuit issued a preliminary injunction against WOTUS rule enforcement in Texas and Idaho.

In April, a North Dakota federal district court issued a preliminary injunction in 24 other states.

The EPA has appealed the Texas lawsuit but has not yet taken action on the North Dakota decision.

More dairy co-ops support NMPF petition

More dairy cooperatives and producer organizations have joined in support of a request for a Federal Milk Marketing Order (FMMO) hearing and proposed reforms from the National Milk Producers Federation (NMPF). See the hearing request and supporting stakeholder letters on the USDA Ag Marketing Service FMMO petition page.

The USDA AMS received the NMPF request on May 2 and has 30 days to either deny, issue an action plan or request additional information for any petitions seeking to amend a current FMMO.

SNAP adjustment part of debt ceiling plan

A preliminary deal between the White House and House Republicans will raise the national debt ceiling and avoid default for two years in exchange for limiting future federal spending. Whether the Fiscal Responsibility Act of 2023 can make it through Congress and to President Biden by June 5 remains to be seen.

Among highlights, summarized by Michael Best Strategies, the proposal:

  • Raises the debt ceiling through the end of calendar year 2024, pushing off future debt fights until after the 2024 elections. 
  • Raises defense spending to $868.34 billion in the next fiscal year, then to $895.21 billion in fiscal year 2025.  
  • Holds overall spending on non-defense domestic priorities like education, transportation, health and energy relatively flat at $703.65 billion in fiscal year 2024. The deal would also allow only a small increase for non-defense spending in fiscal year 2025 to $710.68 billion.
  • Increases the maximum age for childless able-bodied adults to have to work to get Supplemental Nutrition Assistance Program (SNAP) benefits from 49 to 54. Veterans, homeless and adults just aging out of foster care would be exempt from these work requirements. The bill also restricts states' discretion to exempt more individuals from SNAP work requirements. 

Dairy campaigns seek to benefit children, schools

Some efforts and campaigns to highlight June Dairy Month:

  • Midwest-based DARI LLC will donate $1 to a Children's Hospital for each social media post by people experiencing the new MOO’V ultra-filtered, lactose-free, high-protein, low-sugar, naturally flavored, whole milk beverage. The goal of the MOO’V taste challenge, "Approve of MOO’V", is to provide $25,000 to specific Children's Hospitals throughout the Upper Midwest by the end of June 2023. 
  • The Chef Ann Foundation has launched “Bulk Milk,” a grant program to help schools receive equipment, materials and training needed to implement a bulk milk serving system. According to the organization, schools serve approximately 275 million single-serve cartons of milk to K-12 students every school day. One early adopter of serving milk from a bulk dispenser into reusable cups eliminated approximately 50% of its school lunch waste volume and led to a 91% reduction of milk packaging waste volume. Further, schools using bulk milk dispensers found that students are consuming more milk, supporting improved nutrition. The Chef Ann Foundation was one of several organizations to receive USDA funding through the Healthy Meals Incentives Initiative. An allocation of $7.8 million is provided to the Chef Ann Foundation as part of The School Food System Transformation Challenge. Grant applications are being accepted until July 31.
  • The dairy checkoff is bringing a new approach to building trust with students by helping U.S. high school curriculum writers incorporate accurate science behind dairy farming. The “On The Farm STEM” (science, technology, engineering and math) experience is co-funded by National Dairy Council and Midwest Dairy. It is bringing leading science educators and curriculum directors to dairy farms to discover ideas that can fit into high school curriculum. Ultimately, the program – created in partnership with the American Farm Bureau Foundation for Agriculture – will offer a science-based counterbalance to misunderstanding about how dairy is responsibly produced by farmers and its contributions to health and wellness. The curriculum is expected to be implemented in several states by early 2024.