American Farm Bureau Federation

Supreme Court Rules Against EPA in WOTUS Case

Tue, 08 Aug 2023 20:10:09 GMT

The U.S. Supreme Court sided with an Idaho couple in a significant environmental case against the Environmental Protection Agency (EPA) over a plan to develop a small lot near Priest Lake. This decision has national implications for water quality, ag, development and the Waters of the U.S. (WOTUS) rule.

The court was unanimous in finding that the land owned by the Idaho family was not subject to the Clean Water Act. The court was split 5-4 on the court’s new “test”, which stated that only wetlands with a continuous surface connection to a body of water are covered by the law.

Related story: What’s Wrong with the Current Waters of the U.S. Rule?

The case focused on the interpretation of the 1972 Clean Water Act and asked for a clearer definition of what the law intended by giving the EPA authority to regulate WOTUS.

Michael Regan, EPA administrator, shared in an EPA press release that he’s “disappointed” by the Supreme Court’s ruling that “erodes longstanding clean water protections.”

"[The administration] worked to establish a durable definition of ‘waters of the United States’ that safeguards our nation’s waters, strengthens economic opportunity, and protects people’s health while providing the clarity and certainty that farmers, ranchers, and landowners deserve,” Regan said. “These goals will continue to guide the agency forward as we carefully review the Supreme Court decision and consider next steps.”

What Supreme Court justices have to say on the WOTUS ruling

Court Justice Samuel Alito, joined by four conservative justices, wrote the opinion stating that the federal government could regulate water that has a “continuous surface connection” to major bodies of water. This ruling overturns a previous decision by a federal appeals court that supported the EPA.

Alito said the EPA’s interpretation of its powers went “too far.”

“We hold that the Clean Water Act extends to only those wetlands with a continuous surface connection to bodies that are ‘waters of the United States’ in their own right, so that they are ‘indistinguishable’ from those waters,” Alito wrote, quoting from past court opinions.

Justice Elena Kagan wrote for the court’s liberals, comparing the ruling to last term’s decision limiting the EPA’s ability to combat climate change.

“The vice in both instances is the same: the Court’s appointment of itself as the national decision-maker on environmental policy,” she wrote, joined by Justice Sonia Sotomayor and Ketanji Brown Jackson.

Justice Brett M. Kavanaugh wrote separately to object to the majority’s reading of the law. He wrote that the majority’s new test “departs from the statutory text, from 45 years of consistent agency practice, and from this Court’s precedents” and will have “significant repercussions for water quality and flood control throughout the United States.” Kagan, Sotomayor and Jackson joined Kavanaugh.

What the ag industry has to say on the WOTUS ruling

Rep. G.T. Thompson (R-Pa.) calls the ruling a “victory” for farmers, ranchers and landowners.

“The decision reaffirms the rights of property owners and provides long-needed clarity to rural America. In light of this decision, the Biden Administration should withdraw its flawed final WOTUS rule,” Thompson said. “It is time to finally put an end to the regulatory whiplash and create a workable rule that promotes clean water while protecting the rights of rural Americans.”

Zippy Duvall, American Farm Bureau president, echoed Thompson, saying the EPA “clearly overstepped” its authority under the Clean Water Act.

“The justices respect private property rights. It’s now time for the Biden administration to do the same and rewrite the Waters of the United States Rule,” Duvall said. “Farmers and ranchers share the goal of protecting the resources they’re entrusted with, but they deserve a rule that provides clarity and doesn’t require a team of attorneys to properly care for their land.”

Background on the WOTUS case

The case began when Michael and Chantell Sackett purchased a vacant lot in a residential subdivision in Idaho in 2004. They acquired the necessary county permits to develop the site, but the EPA argued that the land was subject to its review because it contained wetlands about 300 feet from Priest Lake.

Related story: What Bodies of Water are Considered WOTUS?

This case, having returned to the Supreme Court for the second time, was closely monitored by environmentalists, developers, and farming groups due to the ongoing debate over the extent of the EPA’s jurisdiction beyond navigable lakes, rivers, and into smaller streams and wetlands.

What’s Next for WOTUS?

A court decision against the EPA, said Attorney Rafe Petersen, who represents miners, offshore wind developers and others seeking EPA permit, likely leaves the Biden administration to start all over again from scratch.

“I don’t see how they get away from that,” Petersen said. “The Biden administration is really boxed into the corner.”

The ruling trims the jurisdiction of EPA to regulate waters under the Clean Water Act to interstate and navigable waters and immediately adjacent wetlands. It is a return to the traditional understanding of what Congress passed in the early 1970s.

Ag Teachers: 4 Free Classroom Lessons Available Through Farm Bureau

Fri, 05 May 2023 15:41:01 GMT

Four free Applied Digital Skills lessons were launched by the 2023 Farm Bureau Foundation Fellows on Wednesday to help students learn about food, fuel and fiber.

According to American Farm Bureau Foundation’s press release , the 40- to 90-minute courses focus on four themes:
1. Careers
2. Celebrating local food events
3. Pollinators
4. Regenerative ag

Powered by Google, the lessons were designed with a focus on rural classrooms and will be offered free of charge, along with a stipend and Chromebooks.

“Our Foundation Fellows have done an outstanding job crafting these unique and engaging lessons,” said Daniel Meloy, executive director of the Foundation for Ag. “Whether you’re a teacher in a rural, urban or suburban classroom, these lessons can be used to teach a broad variety of technical skills while fostering understanding of ag.”

The first two lessons were released on March 21. The full suite is now available in Google’s lessons collections .

What Teachers Can Learn from the Farm Bureau Courses

Students weren’t the only ones in mind when creating the software. Meloy breaks down the vision for teachers’ learning in the program:

“Digital skills are increasingly becoming a prerequisite for jobs in today’s economy, yet students in rural areas in particular often don’t have access to the resources that will set them up for success, such as broadband access and program instruction,” he said. “We hope this program empowers teachers to introduce their students to the exciting world of agriculture, while also teaching them an array of technical skills.”

Teachers who choose to use the program will be offered 1:1 instruction from Google experts.

Ag Groups File Lawsuit to Challenge EPA's "Vague" New WOTUS Definition

Fri, 20 Jan 2023 22:27:35 GMT

A group of 17 organizations are challenging the new Waters of the U.S. (WOTUS) definition through a lawsuit against the EPA, filed Thursday.

“The EPA’s new rule doubles down on the significant nexus test, which is this unworkable test for jurisdiction of when the federal government regulates farms and ranches,” says Travis Cushman, Farm Bureau’s deputy general counsel. “We filed our lawsuit to stop it.”

The lawsuit comes as the EPA published its final definition of WOTUS on Dec. 30, which gives federal protection to large waterways, such as interstate rivers and streams, and adjacent wetlands.

Ag Policy Whiplash

In a press release on the lawsuit, Farm Bureau President Zippy Duvall says the rule is “vague” and puts farmers and ranchers in a position where they will have to hire lawyers and consultants to establish the boundaries of farming, which “isn’t what clean water regulations were intended to do.”

Ethan Lane, NCBA’s vice president of government affairs, echoed Farm Bureau, saying the “unjust” ruling hits too close to home.

“I’m from the state of Arizona. The ‘significant nexus’ test that determines a dry stream bed from some kind of runoff area is describing my entire home state, depending on the definition you use,” he says. “We need clarity.”

Why Rule on WOTUS Now?

The new definition and lawsuit come as the Supreme Court is evaluating a decision on another WOTUS case that could significantly impact WOTUS rulemaking, which is set to be ruled on later this year.

Can You Now Repair Your Own John Deere Equipment?

Tue, 10 Jan 2023 15:28:13 GMT

The “right to repair” issue has been a topic of debate both in and outside of agriculture. A memorandum of understanding signed by Deere & Co and the American Farm Bureau Federation (AFBF) means farmers will be able to repair their own equipment.

The MOU was announced during AFBF’s annual meeting in Puerto Rico on Sunday. According to both Deere and AFBF, the MOU formalizes the availability and access to parts, tool, software and documentation to perform repair and maintenance.

“This will enable you and your independent mechanics to identify and fix problems,” Farm Bureau president Zippy Duvall said during his AFBF address. “You will have access to the diagnostic tools and information you need. And you’ll get it at a fair and reasonable price.”

“The says the agreement with the American Farm Bureau Federation formalizes the longstanding commitment Deere has made to ensure our customers have the diagnostic tools and information they need to repair their machines,” Deere stated. “We look forward to working alongside the American Farm Bureau and our customers in the months and years ahead to ensure farmers continue to have the tools and resources they need to diagnose, maintain and repair their equipment.”

With the MOU, farmers can either repair equipment on their own or go to an independent technician. It also helps dodge legislation around the issue. Several states had introduced their own “right to repair” legislation, but as stated in the MOU released this week, the agreement will happen “through a voluntary private sector commitment to outcomes rather than legislative or regulatory measures.”

The Association of Equipment Manufacturers (AEM) represents agriculture equipment manufacturers. The association says it welcomes the MOU between Deere and AFBF and supports their goal of having issues like “right to repair” resolved without legislation.

“The Association of Equipment Manufacturers and its member companies have always supported a farmer’s right to safely maintain, diagnose, and repair equipment,” says Curt Blades, senior vice president of AEM. “We remain committed to helping farmers reduce downtime and maximize productivity through solutions that keep them safe and protect our environment. The success of the agriculture industry is also the success of the equipment manufacturing industry, and we welcome every opportunity to work together to secure the future of American agriculture. The agreement between Deere & Co. and the American Farm Bureau Federation is a positive step in resolving a long-standing issue and reinforces our belief that successful resolution does not require onerous legislative action.”

The Complicated Issue of “Right to Repair”

The issue of “right to repair” is one the entire industry has faced, but John Deere is the equipment manufacturer who is typically the target of both news coverage and policies introduced. As one equipment industry source stated, John Deere is the company with the most to lose.

“Right to repair” is a complicated issue with no easy solution. The latest models of equipment come with sophisticated and high-tech combinations of hardware and software. While the technology allows farmers to be even more precise, one of the downsides is it can be more prone to breakdowns or issues than older models without technology. This can cause more downtime during critical times of the year, such as planting and harvest.

At the same time, protecting the software and intellectual property is of high importance, especially with the r ise in cyberattacks in agriculture. If an agricultural company hasn’t built the proper cloud-based or offline systems, then it puts farmers- and the entire agriculture industry- at risk.

The MOU is aimed to protect the software, while also aiding farmers’ efforts to repair their own equipment as quickly - and efficiently - as possible.

MOU Protects Safety or Protocols

The MOU states equipment owners and independent technicians cannot compromise any safety measures and protocols on the equipment, which includes Deere’s intellectual property, including its software, are protected from infringement; and no federal and state emissions control requirements can be compromised because of modifications made to the machinery.

The MOU also states this access will not be allowed for the purpose of overriding safety features or emissions criteria.

“This MOU shall not be interpreted or construed to require a Manufacturer to: a) divulge trade secrets, proprietary or confidential information; b) allow owners or Independent Repair Facilities to override safety features or emissions controls or to adjust Agricultural Equipment power levels; or, c) violate any federal, state, or local laws or regulations,” states the MOU.

Will More Equipment Manufacturers Sign On?

While the initial MOU is just with John Deere, Duvall invited other equipment manufacturers to also sign on. He also said Farm Bureau officials will meet at least semi-annually with John Deere to discuss the “right to repair.”

“This is a positive step in the right direction. NAEDA will be working to learn more about how the MOU will affect dealers and state legislation going forward and will continue to keep dealers informed,” says Kim Rominger, CEO of the North American Equipment Dealers Association (NAEDA).

Read the complete MOU here .

Many Farmers Support “Right to Repair” Laws

John Phipps: In Right to Repair, Farmers May Be Watching the Wrong Battle

Farm Bureau Seeks ‘Unified’ Farm Bill of Ag and Nutrition Aid

Fri, 14 Oct 2022 19:35:41 GMT

American Farm Bureau Federation (AFBF) released its general new farm bill recommendations on Thursday.

Farm Bureau’s Agenda

First on the AFBF’s list : “protect farm bill program spending,” followed by “maintain a unified farm bill that keeps nutrition programs and farm programs together.” They also want a robust federally subsidized crop insurance system and “adequate” staffing and funding of the USDA’s technical assistance programs for farmers and ranchers.

The AFBF suggested three minor changes to public nutrition programs, including one to allow food banks to buy fruits, vegetables, and other specialty crops directly from farmers.

“It makes perfect sense” to combine commodity supports and SNAP (food stamps) in the same piece of legislation, said president Zippy Duvall in announcing the group’s farm bill priorities on Thursday.

Farm Bureau also said more milk should be eligible for the Dairy Margin Coverage subsidy program.

Lock-in Rates

The AFBF called for higher reference rates and loan rates, at a still-to-be-determined level and cost, and more emphasis on stewardship on working lands rather than long-term idling of cropland.

“We believe that because of the higher cost of production, it justifies the increase in the reference prices for Title I commodities to ensure farmers remain economically viable,” said Duvall.

Farm Bureau knows full well not to be too specific ahead of their January annual confab.

On the Conservation Reserve Program

The enrollment cap for the Conservation Reserve Program (CRP) should be lowered from its current 25.5 million acres, Farm Bureau said, and landowners should be encouraged to return prime cropland now in the reserve to production.

“We believe that the right way to do it is through working land projects,” he said. Land set-asides limit the land available for new and beginning farmers and constrict crop production in a hungry world, said Duvall.

Farm Bill Math

Around 85% of all farm bill spending is on food and nutrition programs, primarily food stamps. So, there is usually a concerted battle by various groups and lawmakers over the remaining 15%. That process has begun.

Total funding beyond food and nutrition spending should be increased for adequate farm policy support. One of the ways, but by no means the only way to do that, is via a large boost in maximum spending for the Commodity Credit Corporation (CCC).

More on farm bill 2023:

What’s Your Take on the 2018 Farm Bill?
5 Conservation Needs to be Met in Farm Bill 2023
New Farm Bill, but Same Debate on Food Stamps

Farmers Who Gain From Tax Bill Wary of Losing Subsidies Later

Wed, 21 Sep 2022 06:23:35 GMT

(Bloomberg) -- Farm lobbyists are warily watching the tax-overhaul legislation moving through Congress, which comes with some favorable terms for them now but may have a big catch later: Less money for farm programs crucial to producers dealing with lower commodity prices.

The farm groups are looking beyond the tax debate to a new farm law due in 2018 that could get squeezed if a bigger deficit caused by tax cuts makes less money available for farmers.

Multiple independent analyses of the Republican tax plan anticipate it would boost the federal budget deficit by as much as $1.5 trillion over 10 years. A Congressional Budget Office report released last week concluded that it would trigger automatic spending cuts of as much as $136 billion in the current fiscal year. One of the programs at risk in that scenario is $9.5 billion in farm subsidies, according to the National Farmers Union, the second-biggest U.S. farmer group.

“By far our biggest concern is what does this do to the deficit, and how does that impact upcoming farm bills,” said Roger Johnson, president of the National Farmers Union in Washington. “If we blow a $1.5 trillion hole in the deficit, will people be saying a month later, ‘We need to scale back the farm bill?’”

Some provisions of the tax bill are popular across farm groups that have quietly lobbied for favorable treatment. Both the House and Senate packages allow for faster depreciation of farm equipment, and neither would subject rental income to self-employment tax, an early House provision agriculture fought against.

Right Direction

The bill isn’t perfect for agriculture -- both plans repeal a tax deduction used by agricultural cooperatives to help finance a corporate tax-rate cut. But overall, the plans in Congress are moving in a direction the farmers can get behind, said Farm Bureau Federation President Zippy Duvall. According to federal lobbying data, the sector is the 10th-largest in the U.S. and larger than transportation.

“America’s farmers and ranchers are ready for a tax system that recognizes their hard work and the unique challenges they face while reducing the tax burden that threatens their livelihoods,” Duvall, who heads the largest U.S. farmer group, said in a statement.

But deficit-boosting tax legislation may mean less money for other programs -- bad timing for farmers seeking to boost federal aid when passing a new farm law due Sept. 30. The law reauthorizes all U.S. Department of Agriculture programs, including the Supplemental Nutrition Assistance Program and farm subsidies.

SNAP, also called food stamps, is protected from deficit-reducing cuts under congressional rules. Farm payments are not.

Farm profits have fallen for the past three years, with corn, the biggest U.S. crop, selling at less than half its record price in 2012. Land value gains have stagnated after a decade-long run-up, and debt levels have risen. That may make federal spending a bigger priority for many farmers than tax cuts, according to Harwood Schaffer, an agricultural economist at the University of Tennessee in Knoxville.

Farmers are an important part of Republican tax-cut messaging because they’re sympathetic representatives of American business to the general public, he said. But the package proposed may not be as important to farmers facing extreme financial pressure from low prices as a generous farm bill would be, he said.

“It’s hard to benefit from a tax cut on your profits when you don’t have a profit,” he said.

Agriculture groups are pushing to largely keep current subsidies to growers of corn, wheat and other crops in place, while possibly adding new programs for dairy and cotton producers.

A deficit-boosting tax measure may be counter to meeting those goals, Johnson said.

“By far I’m most concerned about the deficit,” he said. “If tax reform goes nowhere, there will be enormous political pressure to pass a farm bill next year, just for Congress to show it can get something done,” he said.

“That pressure goes away if it passes, and it also could mean less money for a farm bill. That deficit could really destroy us,” he said.

©2017 Bloomberg L.P.

Zippy Duvall: Labor is Biggest Limiting Factor for American Agriculture

Wed, 11 May 2022 21:21:24 GMT

Zippy Duvall, president of the American Farm Bureau Federation (AFBF), weighed in on a number of President Joe Biden’s proposed policy shifts which were announced earlier today by the White House.

“We understand there’s going to be a need for more food because of what’s going on around the world, and we very much appreciate the administration looking for ways to help us increase production,” Duvall said during a conversation on AgriTalk with Host Chip Flory on Tuesday.

Biden’s three-part plan would include:

1. Doubling the funding for domestic fertilizer production to $500 million;
2. Providing greater access to farm management tools for plant and soil needs;
3. Increasing the number of counties eligible for double cropping insurance by up to 681 additional counties. That would bring the total number of counties where double-cropping qualifies for crop insurance to 1,935.

While Duvall thanked the Biden administration for trying to address would-be food shortages, he questions whether more double-crop acres is even a viable option for farmers. Concerns he cites include the later than average 2022 planting season and whether adequate soybean seed and other inputs would be available in those additional counties.

“You’ve got to look at the cost of production, whether we will be able to get enough money out of that second crop to meet the cost of producing it,” he says.

Observations On Immigration Reform And Work Permits
What could potentially put more money in farmers’ pockets is the ability to employ more labor.

Specifically, Duvall would like to see legislation to modernize the current guest worker program which would allow year-round, documented workers who could supply U.S. agriculture with manpower.

“Labor is the biggest limiting factor that American agriculture has,” he contends. “If (the U.S. government) wants us to be more productive, give us the workers to be productive with.”

Duvall told Flory he isn’t sure Congress has what it takes to do immigration reform.

“It surely doesn’t look like it, but we need to make sure that we secure that border,” he says.

He adds that the situation along the border between the U.S. and Mexico is concerning for the communities and residents located there.

“I’ve been to the border, and it is a mess,” he says. “Our farmers and ranchers have suffered terribly down there and think the federal government has abandoned them. They’re even fearful for their lives in a lot of cases.”

AFBF Criticizes Securities and Exchange Commission Proposal
The Securities and Exchange Commission (SEC) released a proposal in early April called the Enhancement and Standardization of Climate Related Disclosures for Investors, which the AFBF opposes.

The proposal would require public companies to report on Scope 3 emissions, which are the result of activities from assets not owned or controlled by a publicly traded company but contribute to its value chain. The AFBF says it has deep concerns the SEC is proposing a rule that would end up subjecting farmers to regulations that are intended for Wall Street.

“The SEC’s trying to get those companies traded on the stock exchange to follow their carbon footprint all the way back to the farm, and we don’t think they have the authority to do that,” Duvall says.

“We don’t need to add any more cost of regulation to our farmers,” he adds. “We’re already over-regulated. We just think this is a bad move, and it’s another area where the federal government is overreaching.”

The SEC has granted an extension until June for the comment period on the 510-page proposal. An analysis of the proposed SEC rule is available here .

Support For Climate-Smart Commodities Program
AFBF sent letters of support to five organizations that have submitted proposals for the USDA Climate-Smart Commodities program.

USDA is investing $1 billion in approximately 350 pilot projects to create market opportunities for U.S. agricultural and forestry products that use climate-smart practices and include innovative, cost-effective ways to measure and verify greenhouse gas benefits.

Duvall says an AFBF review committee placed a high priority on the projects that reflect objectives laid out by it and state Farm Bureaus during USDA’s request for information process.

Controversy Continues Over Waters Of The U.S. (WOTUS)
The EPA and the U.S. Army Corps of Engineers have proposed a Step 1 WOTUS rulemaking that would repeal the Navigable Waters Protection Rule and replace it with an updated version of what the AFBF calls “murky pre-2015 regulations.”

An AFBF press release says that once the Step 1 rule is complete, the agencies plan to work on a new rule that broadens the WOTUS definition even further.

The EPA and Army Corps of Engineers are in the process of holding regional “listening sessions” to gather feedback from stakeholders on the forthcoming Step 2 rule.

Duvall says he is concerned the stakeholders included in the listening sessions are not diverse enough as a group and do not adequately reflect farmers’ needs and concerns.

“We think (EPA and the Army Corp) limited the people and their experience with the WOTUS rule and they need a wider variety of people involved so they can make wise decisions as they move forward in rewriting this rule,” he says.

“We continue to ask our membership to communicate with EPA, to tell their concerns and their stories from their individual farms, and we’re going to continue that movement,” he adds.

Listen here for Duvall’s entire comments on AgriTalk:

The House passes BBB Act — Do the costs outweigh the benefits?

Mon, 22 Nov 2021 20:11:35 GMT

On Friday, Nov. 19, 2021 The U.S. House of Representatives passed President Joe Biden’s ‘Build Back Better’ plan, also known as the reconciliation package. This vote came after months of debate and countless rewrites to the plan.

“ The Bipartisan Infrastructure Deal is now law and we will reap its benefits of new job and economic growth and the ability to compete around the world. The American Rescue Plan continues to get our economy back on track as we recover from the pandemic. Together with the Build Back Better bill, we have a truly transformational opportunity to rebuild the physical, natural, and human infrastructure of our nation,” said Agriculture Secretary Tom Vilsack in a release.

The $1.7 trillion plan invests more than $90 billion in climate-smart agriculture, forestry, research, rural development, child nutrition and debt relief, according to the U.S. Senate Committee on Agriculture, Nutrition and Forestry .

Climate-Smart Agriculture: $27 billion to give farmers and ranchers the tools they’ve asked for to keep leading on climate. It’s the biggest investment in conservation since the Dust Bowl —reaching as many as 240,000 farms and 130 million acres of cropland per year;
Forestry: $27 billion to restore forests, fight wildfires and sequester carbon in trees – the biggest ever investment in forest restoration, wildfire prevention, and climate-smart forestry;
Research: $2 billion for agricultural climate research and agricultural research facilities;
Rural Development and Energy: $18.3 billion to invest in rural prosperity and help rural communities transition to cleaner energy;
Child Nutrition: $10 billion to invest in child nutrition programs to feed millions of additional kids during the school year and over the summer; and,
Debt Relief: $6 billion in additional funding to expand support to economically distressed borrowers and underserved farmers, ranchers and forest landowners in high-poverty areas.

“The Build Back Better initiative is a historic step forward. It’s going to enable us, once passed and signed by the President, to remain competitive and resilient in a global economy into the future. While at the same time helping American families cut costs in areas of health care, education, housing, and increase their ability to cope with any increased costs,” Vilsack said in a press briefing on Nov. 19 following the house approval vote.

Vilsack said in the briefing that the plan won’t prevent obstacles to farmers who want to pass on their operation to the next generation, noting that the estate tax code stepped up-basis would not be eliminated. He said corporations and rich individuals would pay more.

“Our corporations have made more than a billion dollars and didn’t pay any tax and individuals who make more than $25 million a year; they are going to pay a little extra tax, and I think they probably can afford a little extra.” Continue reading.

However, some organizations stand opposed to the legislation. The American Farm Bureau Federation sent a letter to the U.S. House of Representatives Tuesday, Nov. 16 stating, “After watching months of contentious, partisan debate surrounding the Build Back Better Act, AFBF stands in opposition to the legislation. While some elements of the reconciliation package would benefit agriculture, the massive amount of spending and tax increases required to pay for the plan outweigh the gains we would see in rural America.”

In the Nov. 19 press conference Vilsack replied, “with respect to the Farm Bureau… I just don’t think that’s that aligns with the terms and conditions of this bill. The initial proposal contained an elimination of stepped-up basis. And notwithstanding the fact that there was a provision in the initial proposal that would have exempted 98% of the farms in the country today from having to be concerned about this. There was still I think a level of concern that folks had. That provision is not in this bill.”

“I don’t see anything in this bill that necessarily compromises the ability of family farms to stay in business,” Vilsack said.

Ag Industry Leaders Congratulate Biden, Echo His Call for Unity

Wed, 20 Jan 2021 22:54:01 GMT

Following the inauguration of President Joe Biden, the 46^th President of the United States, agriculture industry leaders congratulated Biden and Vice President Kamala Harris. They also echoed Biden’s call for unity and a commitment for Americans to work together toward common goals.

In a statement, American Farm Bureau president Zippy Duval said addressing the needs of America’s farmers, ranchers and rural communities is important, including strengthening the farm bill, expanding trade, finding a fair solution to the farm labor shortage and expanding rural broadband access.

“We are also looking for partners in our efforts to achieve sustainability goals while ensuring climate policies remain market-based and voluntary. We have been meeting with President Biden’s nominees to discuss priority issues and today we shift into high gear to achieve these goals,” he said. “All of this can be done if we commit ourselves to working together for a better America. Agriculture is traditionally divided more by regional differences than by political parties. We urge our elected leaders to continue that tradition of bipartisanship in the agriculture committees and throughout our government. Our country faces some big challenges. Let’s get to work on solutions.”

Similarly, the National Milk Producers Federation CEO Jim Mulhern noted what he called the dawn of a new chapter in American history.

“Inaugurations represent new beginnings and new opportunities. This is especially important today, as we begin this journey at a time of turmoil that has intensified in recent months and weeks,” he said in a statement. “We in dairy offer our own commitment to work on a bipartisan basis for progress on issues important to dairy farmers, their cooperatives and the greater good. We also look forward to engaging with the broader agricultural community to meet our common challenges and build a thriving rural America that lifts the entire nation.”

Constance Cullman president and CEO of the American Feed Industry Association noted the need to curb COVID-19 and spur the economy.

“Now more than ever, we need a strategy that will curb the spread of COVID-19 and get our economy going and growing again; an efficient regulatory system that allows U.S. manufacturers to swiftly bring innovations that can improve animal health and nutrition to the marketplace; and trade policies that foster opportunities for growth and leadership abroad to maintain our competitive edge,” she said in a statement. “We also look forward to working together on a science-based strategy for tackling climate change and improving rural infrastructure, including improving the connectivity of the rural communities responsible for keeping us fed in times of calm and crisis.”

Emily Skor CEO of Growth Energy congratulated the president and vice president while noting President Biden’s campaign promise to “usher in a new era of biofuels.”

“We look forward to working with the President and his Administration to deliver on his promise and include biofuels as a big part of the climate strategy for decarbonizing the transportation sector immediately,” she said in a statement.

The Ag Retailers Association CEO and President Daren Coppock joined the other leaders in looking forward to working on issues critical to their trade group.

“The Biden transition team worked diligently to be inclusive of ag retailers from day one, and for that we are grateful. We appreciate the engagement we have already had with the leadership of the incoming administration and look forward to continuing those relationships for a bright future for American agriculture,” Coppock said.

Chuck Conner of the National Council for Cooperatives suggested a key piece of agriculture’s success under the new administration hinges on the confirmation of Tom Vilsack, President Biden’s choice for Agriculture Secretary.

“Key to ensuring that happens will be filling out the leadership team at the U.S. Department of Agriculture,” he said in a statement. “We urge the Senate to quickly take up and confirm the nominations of Tom Vilsack for secretary of agriculture and Jewel Bronaugh for deputy secretary of agriculture.”

Zippy Duvall on Battling COVID-19 In His Own Words

Tue, 17 Nov 2020 05:24:20 GMT

One of America’s most well-known agricultural leaders is back at work this week after battling the coronavirus.

To farm country, he’s known as Zippy Duvall, president of the American Farm Bureau Federation (AFBF).

Duvall, a farmer and policy leader, stands out for his optimistic attitude and uplifting conversations and speeches. He’s a man of positivity, just recently adjusting to a new title: a COVID-19 survivor.

AgDay National Reporter Betsy Jibben asks, “How are you feeling?”

“I’m feeling great now,” says Duvall. “It took about 16 days for the symptoms to go away. My temperature spiked about three different times. Right now, I’m focusing on trying to regain my strength.”

He noticed the disease symptoms pretty quickly.

“You may think your breathing is good, but you need to go get your lungs checked if you come down with it,” says Duvall.

Zippy will be the first to say it’s been a difficult 2020. He also lost his wife earlier in the year.

“Losing your wife after 40 years is probably the most difficult thing I’ve been through in my life,” says Duvall. “[She was] one of those women that would have followed me to the edge of the Earth, and I would have followed her, too.”

Dealing with the coronavirus without her has not made things any easier. He believes he may have contracted it through a family member who was visiting during the Fourth of July. During the visit, the family member found out a co-worker had tested positive who potentially contracted the virus at a baseball tournament.

“You never think about it coming to you through your family,” says Duvall. “We love our children, but we need to question them about where they’ve been and whether or not they’ve worn protective gear.”

Jibben asks, “Do you have a message for some folks who are experiencing the same thing you

went through?”

Duvall says, “COVID is a real thing. You know, it’s a pretty easy thing to wear a mask when you get around people, going to the grocery store or Home Depot.”

Duvall says the United States needs its economy back, and people need to return to work.

“The only way to do that is yield to (what) they’re telling us to do – wear protective gear and try to distance from folks,” says Duvall. “That’s a hard thing to do. I know. I’m trying to get out a little bit, but I still wear a mask.”

Duvall says he expects to make a full recovery.

“I’m getting up and feeling good,” he says. “A cup of coffee tastes good in the morning. My taste buds are going back to work!”

Picture/video courtesy: American Farm Bureau Federation and Zippy Duvall, Facebook

Wife of AFBF President Duvall Passes as Convention Gets Underway

Tue, 17 Nov 2020 05:23:44 GMT

Statement from American Farm Bureau Federation:

Earlier today, Bonnie Duvall, wife of American Farm Bureau President Zippy Duvall, lost her courageous battle with cancer. The following statement may be attributed to American Farm Bureau Vice President Scott VanderWal.

“It is with deep sadness that I share the news of Bonnie Duvall’s passing after a courageous battle with cancer. She was a special member of the Farm Bureau family, from being chosen for the 1982 National Young Farmer and Rancher Award with Zippy, to her travels with him 33 years later when he was elected president of American Farm Bureau.

“Zippy and Bonnie were partners in every respect for all of their 40 years together. She put her business degree to work keeping the books on their Georgia farm, enabling Zippy to turn his attention to serving his fellow farmers at the county, state and national levels.

“At moments like this our faith consoles us, knowing her soul is at peace, having gone on to our heavenly Father. We will forever be inspired by her sense of humor, love of farming and optimism in the face of adversity. She taught us all what it means to make every moment count.

“Our thoughts and prayers are with the entire Duvall family, including the four children Zippy and Bonnie have always been so proud of, Vince, Corrie, Zeb and Zellie, their dear son- and daughters-in-law, and their five beautiful grandchildren.”

End of statement.

News of Mrs. Duvall’s passing comes as the American Farm Bureau Federation Convention is underway in Austin, Texas. President Donald Trump is scheduled to speak at the gathering at 5 p.m. Central Sunday.

Texas Farm Bureau Clarifies Stance on Nike

Tue, 17 Nov 2020 05:22:12 GMT

Headlines have declared that the Texas Farm Bureau has banned all Nike apparel for its staff over the brand’s decision to feature controversial former NFL quarterback Colin Kaepernick in its advertising. The Texas Farm Bureau, however, says that’s not quite right.

“This is not a political statement on our behalf. This is not a judgement. This is not a social statement,” Texas Farm Bureau chief operating officer Si Cook says in a video statement.

Cook explains in the video that the organization has not placed a blanket ban on all Nike apparel. The ban is only on clothing that has both the Texas Farm Bureau logo and the Nike logo.

“We began to get reports from the field that some of our members were taking exception to employee apparel provided by the company that contained the Farm Bureau logo and the Nike logo,” Cook explains. “We made the collective business decision that we would phase that apparel out.”

Cook says Farm Bureau employees can continue to wear other Nike branded clothing as long as it does not also carry the Texas Farm Bureau logo and meets the organization’s dress code.

“We have members on both sides of this issue,” Cook says. “So we have simply made the business decision to take our companies out of the controversy.”

Nike sparked the controversy by selecting Kaepernick as the spokesman for its latest advertising campaign highlighting his sideline protests where he kneeled during the National Anthem while he played for the NFL.

Watch Cook’s complete statement in the video below.

Man’s Best Friend Earns Top Honors at AFBF’s 100th Convention

Tue, 17 Nov 2020 05:21:43 GMT

Four-legged Woody saved the day when Joe Sheeran’s life flashed before his eyes. Pinned beneath a cow, he thought it was all over until his 8-month-old Australian Shepherd came to his rescue.

“She was on top of me, trying to kill me,” Sheeran explained to the American Farm Bureau Federation (AFBF). “Luckily, the little dog I told to stay right there came to the rescue. Woody got in that cow’s face and I was able to get up and walk off.

“If he wasn’t there I wouldn’t be here today.”

Woody spends much of his days on the farm herding cattle, sheep and ducks—a constant companion to Sheeran. He’s now eight years old and has a full resume of top honors in stock dog competitions around the nation.

“We’ve always had Australian Shepherds, but none like Woody,” Sheeran said. “He’s a very competitive and we’ve gone all over the country with him to stock dog trials. He’s taken it to the top and achieved about as much as you can achieve in stock dog trials.”

Now Woody has one more trophy to add: Farm Bureau Farm Dog of the Year. In addition to the trophy, his family received $5,000 in prize money, a basket of Purina products and a year’s worth of Purina dog food. Purina is the sponsor of this year’s prizes.

“You can’t beat an Australian Shepherd as a general farm dog,” he said. “I don’t really have to tell him a lot he understands the job and will just go do it.”

The AFBF contest awards the four runners-up with $1,000, a trophy and a basket of Purina products. This year’s runners-up include:

Clue, owned by Andrew and Cindy Deak of Florida
Shine, owned by Denny and Donna Ashcraft of Kansas
Finn, owned by Tim and Lisa Molinero of New Hampshire
Flint, owned by Rhett and Beth Crandall of Utah

Winners are selected based on their helpfulness to the famers and their family, playfulness and the role dogs play to make life better on and off the farm. To submit dogs to the contest, Farm Bureau members send in responses to a questionnaire, photos and video clips.

USMCA Passage Encouraged by 960+ Ag, Food Associations and Companies

Tue, 17 Nov 2020 05:20:54 GMT

A collation of U.S. food and agriculture associations and companies addressed a letter to Congress seeking quick ratification of the U.S.-Mexico-Canada Agreement (USMCA). The letter was sent on June 11 by more than 960 groups representing the U.S. food and agriculture value chain at the national, state and local.

An excerpt of the letter says:

“Over the last 25 years, U.S. food and agricultural exports to Canada and Mexico have more than quadrupled under NAFTA – growing from $9 billion in 1993 to nearly $40 billion in 2018. NAFTA has significantly helped create a reliable, high-quality supply of food products for U.S. consumers, while supporting more than 900,000 American jobs in food and agriculture and related sectors of the economy. USMCA builds on the success of the NAFTA agreement, and will ultimately lead to freer markets and fairer trade. This modernized trade agreement makes improvements to further enhance U.S. food and agricultural exports to our neighbors and would deliver an additional $2.2 billion in U.S. economic activity.”

The letter was signed by a number of national groups representing farmers and ranchers, including:

American Farm Bureau Federation
American Soybean Association
National Cattlemen’s Beef Association
National Council of Farmer Cooperatives
National Cotton Council
National Corn Growers Association
National Milk Producers Federation
National Pork Producers Council
National Sorghum Producers

Also signing the letter were food processing companies, along with state and local agriculture associations.

Discussions in Congress

A hearing was held by the House Agriculture Livestock and Foreign Agriculture Subcommittee the same day the letter was sent. The subcommittee was reviewing the state of U.S. agricultural products in international markets and following the hearing Subcommittee Ranking Member David Rouzer (R-NC) and Committee Ranking Member K. Michael Conaway (R-TX) both expressed the importance of getting USMCA passed .

“USMCA is a no-brainer for American agriculture. If the International Trade Commission’s (ITC) estimated $2.2 billion increase in ag exports doesn’t convince my colleagues, then all they need to do is talk to a local farmer or rancher. American producers have made it clear: the best thing we can do for our lagging agriculture economy is get this deal done. I urge my colleagues on the committee to join me in calling for Speaker Pelosi to bring USMCA to a vote in the House as soon as possible,” says Rep. Rouzer.

“Rather than spew platitudes about the importance of free trade to American agriculture, it’s time for the House Democratic Leadership to get serious about the clear win that sits before them – the USMCA agreement. Today’s hearing further underscored that ratifying USMCA is critically important to America’s farmers, ranchers, and dairymen. With the ITC report in hand, Speaker Pelosi should bring USMCA up for a vote as quickly as possible,” says Rep. Conaway.

Dairy Voicing Concerns

The dairy industry had already pushed for swift passage of USMCA just a day prior , on June 10, when three national dairy groups, including the International Dairy Foods Association (IDFA), sent a similar letter to members of the House of Representatives. IDFA released a statement regarding the latest letter expressing the importance of USMCA because of fixes to current trade policies with Canada and Mexico.

“USMCA meets the U.S. dairy industry’s top priorities to ensure a more level playing field, including preserving duty-free market access to Mexico, eliminating the unfair Canadian Class 7 pricing program and increasing market access to the Canadian market,” says Michael Dykes, DVM, president and CEO of IDFA. “The U.S. dairy industry, which supports more than 3 million jobs in the United States and pumps $620 billion into the U.S. economy, is making a strong appeal to Congress to vote to ratify this important trade deal. USMCA will ensure that our dairy industry grows valuable market share and continues to be viewed by our North American customers as a reliable supplier.”

USMCA is currently awaiting ratification from both the House and Senate. Rep. Ron Estes (R-KS) tells Farm Journal that ideally Congress will be wrapped up by August with USMCA.

For more on USMCA read the following articles:

Agriculture Reacts Angrily to WOTUS Rule

Tue, 17 Nov 2020 05:09:23 GMT

If the EPA thought that its latest version of the “Waters of the U.S.” rule might find favor with farmers and ranchers, the agency knows better now.

The agriculture community reacted swiftly—and angrily—to the revised rule, which was released Wednesday morning.

“America’s farmers and ranchers deserve a government that will review and address their concerns,” said U.S. Rep. K. Michael Conaway, who chairs the House agriculture community, and U.S. Rep. Glenn Thompson, who leads the forestry subcommittee. “Instead, the process by which this rule was established ignored them. Even input from the states was ignored, clearly displaying the arrogant, ‘government knows best’ attitude ever-present in this Administration.”

U.S. Senator Pat Roberts (R-Kansas) didn’t hold back either. “Today, the Obama Administration released the damaging ‘Waters of the U.S.’ finalized rule – a regulation is opposed by virtually every farm organization, commodity group and other business interests in rural America. I am sorry to say, as expected, the rule is bad news for rural America,” he said. “As Chairman of the Agriculture Committee, I’m proud to champion agriculture. We will lead the charge in pushing back against EPA’s egregious federal overreach.”

Watch Sen. Roberts’ response here:

Fellow U.S. Senator John Hoeven (R-N.D.) didn’t like the newfound federal regulatory protection for water features like prairie potholes, which are shallow wetlands located in the Upper Midwest. Such designation “threatens these regions’ agriculture, construction, energy and other industries with new permitting requirements and litigation,” he said.

A recent article suggesting the EPA may have violated its own advocacy guidelines in its Waters of the U.S. efforts has only deepened the skepticism toward the rule amongst those in ag.

According to an article published May 18, 2015, in The New York Times , “late last year, the E.P.A. sponsored a drive on Facebook and Twitter to promote its proposed clean water rule in conjunction with the Sierra Club. At the same time, Organizing for Action, a grass-roots group with deep ties to Mr. Obama, was also pushing the rule. They urged the public to flood the agency with positive comments to counter opposition from farming and industry groups. The results were then offered as proof that the proposal was popular.”

That does not sit well with Bob Stallman, president of the American Farm Bureau Federation , which plans to look very carefully at the new regulations.

“Based on EPA’s aggressive advocacy campaign in support of its original proposed rule – and the agency’s numerous misstatements about the content and impact of that proposal – we find little comfort in the agency’s assurances that our concerns have been addressed in any meaningful way,” Stallman said in a statement. “…EPA’s decision to mount an aggressive advocacy campaign during the comment period has tainted what should have been an open and thoughtful deliberative process. While we know that farmers and ranchers were dedicated to calling for substantial changes to the rule, we have serious concerns about whether their comments were given full consideration.”

The resistance to the rule has been widespread in agriculture , from commodity crop farmers to ranchers and dairy farmers, and many sound a wee wary of this latest version.

“We voiced strong opposition to the original version, and while we are encouraged by the agency’s willingness to revisit the rule and potentially address farmer concerns, we are very much in a ‘trust but verify’ mode,” said Wade Cowan, the Texas farmer who is also president of the American Soybean Association. “ASA needs to establish that the rule does not affect everyday soybean farming operations, and we are now in the process of making that determination.”

The National Corn Growers Association took a similar approach.

“We cannot comment on the specifics of the revised rule until we have had a chance to fully review it,” said NCGA President Chip Bowling, who also farms in Maryland. “With the earlier round of proposed rules, NCGA was concerned that the earlier proposed rule represented a significant expansion of federal Clean Water Act jurisdiction relative to anything that has ever been in rulemaking before. We especially will look closely at how on-farm ditches, ponds and puddles are treated in the rule. As in the past, we will work with EPA as much as possible to ensure we have rules in place that are clear and workable for farmers.”

What do you think of the revised Waters of the U.S. rule? Does it address your concerns? Give your opinion on the AgWeb discussion boards.

Texas Farm Bureau Clarifies Stance on Nike

Tue, 17 Nov 2020 04:50:58 GMT

WOTUS is Back for 26 States

Tue, 17 Nov 2020 04:50:36 GMT

U.S. farmers thought they had seen the last of the beleaguered Waters of the U.S. (WOTUS) rule in January when the Trump administration moved formally to rescind the regulation and start over with a new version. That broadening of federal jurisdiction under the Clean Water Act, however, became the law of the land in 26 states as the U.S. District Court for South Carolina ruled that the administration did not follow the proper rulemaking process in rescinding WOTUS. The court ruled that the Environmental Protection Agency (EPA) did not meet requirements for public notice nor a sufficient comment period.

The ruling leaves a patchwork of regulation across the country as courts have issued stays blocking the rule in 24 states. Consequently, the South Carolina ruling only impacts those states that do not have a legal stay in place blocking WOTUS.

“Due to a misguided ruling by a single federal district court today, the overbroad, vague and illegal 2015 Waters of the United States Rule is now the law of the land in twenty-six states,” said American Farm Bureau Federation President Zippy Duvall in a statement. “To avoid widespread uncertainty and potential enforcement against ordinary farming activities in these already-uncertain times, we call on the administration to take immediate steps to limit the impact of this dangerous court decision. The U.S. District Court for South Carolina was wrong to invalidate the agency’s ‘applicability rule’ that had simply delayed the effective date of the 2015 WOTUS rule. The delay rule would have maintained regulatory certainty and stability while the administration completes its reconsideration of the 2015 rule and works to develop a new regulation to provide both clean water and clear rules. Today’s court ruling creates enormous regulatory uncertainty and risk for farmers, ranchers and others in the 26 states that are not already protected from the unlawful 2015 rule by previous court decisions.”

The proposed rule was a rallying cry for a host of agricultural organizations, because it broadened the enforcement scope of the Clean Water Act beyond the “navigable waters” outlined in the original act. It also created regulatory uncertainty as to how far that enforcement power could reach.

EPA has not yet indicated whether the agency will appeal the ruling.

American Farm Bureau Federation

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