Senate Ag Committee Chair Debbie Stabenow of Michigan announced she won’t be running for reelection in 2024. 

“Inspired by a new generation of leaders, I’ve decided to pass the torch in the U.S. Senate,” Stabenow says in a statement. 

“I’m incredibly grateful for the trust the people of Michigan have placed in me.” 

The four-term senator says a big part of her decision was stepping aside to make room for new voices. 

Between now and 2024, Stabenow says she’ll concentrate on passing a new farm bill before she retires. “The farm bill determines our nation’s food and agriculture policies,” she says. 

“It’s also a key to protecting our land and water and creating jobs in rural and urban communities.” Stabenow has played a big role in several farm bills. Her decision will increase pressure to pass a new farm bill while she’s in office rather than extending the current legislation.

Senate Ag Committee Chair Debbie Stabenow of Michigan announced she won’t be running for reelection in 2024. “Inspired by a new generation of leaders, I’ve decided to pass the torch in the U.S. Senate,” Stabenow says in a statement. “I’m incredibly grateful for the trust the people of Michigan have placed in me.” The four-term senator says a big part of her decision was stepping aside to make room for new voices. Between now and 2024, Stabenow says she’ll concentrate on passing a new farm bill before she retires. “The farm bill determines our nation’s food and agriculture policies,” she says. “It’s also a key to protecting our land and water and creating jobs in rural and urban communities.” Stabenow has played a big role in several farm bills. Her decision will increase pressure to pass a new farm bill while she’s in office rather than extending the current legislation.

Senate Ag Chair not running for reelection in 2024

The United Auto Workers announced in a news release that they’ve decided to bring CNH Industrial’s “last, best, and final offer” to its striking workers for a vote. 

Farm Equipment Magazine says the workers are expected to vote on Saturday, January 7. 

However, Ag Equipment Intelligence reached out to CNH Industrial for comment but did not hear back. 

In 2021, when 10,000 John Deere employees went on strike, Deere referred to its third offer to the union as its “last, best, and final offer,” which James Cooney of Rutgers University said at the time that “this could signify Deere is at an impasse in negotiations. 

“That’s not an agreement with the company when saying, “Hey, this is our last, best, and final offer,’” Cooney says. “A union may take that back to the membership, but, on the other hand, it may choose not to, especially if it’s perceived as a threat.”

The United Auto Workers announced in a news release that they’ve decided to bring CNH Industrial’s “last, best, and final offer” to its striking workers for a vote. Farm Equipment Magazine says the workers are expected to vote on Saturday, January 7. However, Ag Equipment Intelligence reached out to CNH Industrial for comment but did not hear back. In 2021, when 10,000 John Deere employees went on strike, Deere referred to its third offer to the union as its “last, best, and final offer,” which James Cooney of Rutgers University said at the time that “this could signify Deere is at an impasse in negotiations. “That’s not an agreement with the company when saying, “Hey, this is our last, best, and final offer,’” Cooney says. “A union may take that back to the membership, but, on the other hand, it may choose not to, especially if it’s perceived as a threat.”

Union taking CNH’s last offer to striking workers for Saturday vote

Kansas, the country’s biggest hard-red winter wheat producer, is still very dry. USDA data says topsoil moisture in the state was little changed from January 1 through the end of November 2022. 

About 43 percent of the state was very short on topsoil moisture and 26 percent was listed short on January 1. 

Twenty-nine percent of the state had adequate topsoil moisture and only two percent had a surplus. 

That compares with 48 percent very short, 25 percent short, 26 percent adequate, and just one percent held surplus moisture on November 29, the last time the government issued a crop progress report. 

Oklahoma, the country’s number two HRW producer, only saw .16 inches of rainfall in the panhandle during December. Topsoil and subsoil moisture was listed as “mostly adequate to short.” 

Arkansas, one of the country’s key soft-red winter wheat growers, saw moisture conditions improve with 60 percent surplus topsoil moisture.

Kansas, the country’s biggest hard-red winter wheat producer, is still very dry. USDA data says topsoil moisture in the state was little changed from January 1 through the end of November 2022. About 43 percent of the state was very short on topsoil moisture and 26 percent was listed short on January 1. Twenty-nine percent of the state had adequate topsoil moisture and only two percent had a surplus. That compares with 48 percent very short, 25 percent short, 26 percent adequate, and just one percent held surplus moisture on November 29, the last time the government issued a crop progress report. Oklahoma, the country’s number two HRW producer, only saw .16 inches of rainfall in the panhandle during December. Topsoil and subsoil moisture was listed as “mostly adequate to short.” Arkansas, one of the country’s key soft-red winter wheat growers, saw moisture conditions improve with 60 percent surplus topsoil moisture.

Country is still very dry

The United States and Taiwan will hold an in-person negotiating round for the U.S.-Taiwan Initiative on 21st-Century Trade in Taipei. 

The negotiations are under the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States. 

The next round of talks is scheduled for January 14-17. 

The U.S. Trade Representative’s Office will lead the U.S. delegation through Assistant United States Trade Representative Terry McCartin and include representatives from several other U.S. government agencies. The negotiation process started in June 2022, launching the U.S.-Taiwan Initiative on 21st-Century Trade. 

The initiative is intended to develop concrete ways to deepen the economic and trade relationship, advance mutual trade priorities based on shared values, and promote innovation and inclusive economic growth for our workers and businesses, including through new trade agreements. The two sides last met in November, holding two days of discussion in New York.

The United States and Taiwan will hold an in-person negotiating round for the U.S.-Taiwan Initiative on 21st-Century Trade in Taipei. The negotiations are under the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States. The next round of talks is scheduled for January 14-17. The U.S. Trade Representative’s Office will lead the U.S. delegation through Assistant United States Trade Representative Terry McCartin and include representatives from several other U.S. government agencies. The negotiation process started in June 2022, launching the U.S.-Taiwan Initiative on 21st-Century Trade. The initiative is intended to develop concrete ways to deepen the economic and trade relationship, advance mutual trade priorities based on shared values, and promote innovation and inclusive economic growth for our workers and businesses, including through new trade agreements. The two sides last met in November, holding two days of discussion in New York.

United States and Taiwan to hold trade negotiations this month

Agriculture Secretary Tom Vilsack welcomed the swearing-in of Jose Emilio Esteban as the Undersecretary for Food Safety at the Department of Agriculture. 

Vilsack says, “Dr. Esteban has a long and well-documented commitment to food safety and public health.” 

Esteban was appointed Chief Scientist of the USDA Food Safety and Inspection Service in August 2018. 

Esteban joined the Office of Public Health Science at FSIS in 2002. 

In 2008, he was appointed as the FSIS Science Advisor for Laboratory Services, where he harmonized the operation of all three FSIS laboratories. Before joining FSIS, Esteban worked in several positions at the Centers for Disease Control and Prevention. 

Esteban received his Doctorate in Veterinary Medicine from Mexico’s National University. Vilsack adds, “I am confident that Dr. Esteban’s leadership and experience is the right combination to advance our commitment to maintaining public health and reducing foodborne illness.”

Agriculture Secretary Tom Vilsack welcomed the swearing-in of Jose Emilio Esteban as the Undersecretary for Food Safety at the Department of Agriculture. Vilsack says, “Dr. Esteban has a long and well-documented commitment to food safety and public health.” Esteban was appointed Chief Scientist of the USDA Food Safety and Inspection Service in August 2018. Esteban joined the Office of Public Health Science at FSIS in 2002. In 2008, he was appointed as the FSIS Science Advisor for Laboratory Services, where he harmonized the operation of all three FSIS laboratories. Before joining FSIS, Esteban worked in several positions at the Centers for Disease Control and Prevention. Esteban received his Doctorate in Veterinary Medicine from Mexico’s National University. Vilsack adds, “I am confident that Dr. Esteban’s leadership and experience is the right combination to advance our commitment to maintaining public health and reducing foodborne illness.”

Esteban sworn-in as USDA Undersecretary for Food Safety

At the Consumer Electronics Show this week, Steve Koenig of the Consumer Technology Association showcased new potential trends to the media before the start of the show. 

One potential trend, according to Koenig, is automakers charging extra for AM/FM radios in cars. 

Koenig says automakers may move to a Features as a Service offering for AM/FM radios, allowing automakers to enable or disable features based on whether the car owner is paying for the services. 

Automakers claim AM radio signals face electromagnetic interference generated from electric cars. Radio Ink reports, "Automotive companies are salivating at the opportunity to capitalize on car features as services that will be subscription based.”&nbsp;&nbsp;

In December, Senator Ed Markey, A Massachusetts Democrat, urged automakers to maintain free broadcast radio in future electric vehicles. 

Markey said, “AM/FM broadcast radio remains the most dependable, cost-free, and accessible communication mechanism for public officials to communicate with the public during times of emergency.”

At the Consumer Electronics Show this week, Steve Koenig of the Consumer Technology Association showcased new potential trends to the media before the start of the show. One potential trend, according to Koenig, is automakers charging extra for AM/FM radios in cars. Koenig says automakers may move to a Features as a Service offering for AM/FM radios, allowing automakers to enable or disable features based on whether the car owner is paying for the services. Automakers claim AM radio signals face electromagnetic interference generated from electric cars. Radio Ink reports, "Automotive companies are salivating at the opportunity to capitalize on car features as services that will be subscription based.”&nbsp;&nbsp;In December, Senator Ed Markey, A Massachusetts Democrat, urged automakers to maintain free broadcast radio in future electric vehicles. Markey said, “AM/FM broadcast radio remains the most dependable, cost-free, and accessible communication mechanism for public officials to communicate with the public during times of emergency.”

AM/FM radio in vehicles: A pay to play feature?

The National Corn Growers Association Tuesday expressed disappointment regarding the final Waters of the United States rule under the Clean Water Act. 

The Environmental Protection Agency and Army Corps of Engineers released the final rule on December 30. 

NCGA says the rule was released as the U.S. Supreme Court prepares to decide a case, Sackett vs. EPA, which will provide more clarity on the issue. 

NCGA President Tom Haag says, "The Court's ruling could negate major elements of this WOTUS rule and will create even more uncertainty for farmers.” NCGA submitted comments to EPA and encouraged corn growers to do the same as the rule was being considered. 

The group also participated in regional hearings held by EPA. Haag says that as farmers, “we are the ones who will feel the impact of this rule,” adding, “Yet, it appears that our comments fell on deaf ears.”

The National Corn Growers Association Tuesday expressed disappointment regarding the final Waters of the United States rule under the Clean Water Act. The Environmental Protection Agency and Army Corps of Engineers released the final rule on December 30. NCGA says the rule was released as the U.S. Supreme Court prepares to decide a case, Sackett vs. EPA, which will provide more clarity on the issue. NCGA President Tom Haag says, "The Court's ruling could negate major elements of this WOTUS rule and will create even more uncertainty for farmers.” NCGA submitted comments to EPA and encouraged corn growers to do the same as the rule was being considered. The group also participated in regional hearings held by EPA. Haag says that as farmers, “we are the ones who will feel the impact of this rule,” adding, “Yet, it appears that our comments fell on deaf ears.”

NCGA expresses disappointment in EPA WOTUS rule

National Milk Producers Federation President and CEO Jim Mulhern calls the new Waters of the U.S. Rule "cumbersome, unclear and overly complicated." 

NMPF released the response Tuesday following the end-of-year announcement of the WOTUS final rule by the Environmental Protection Agency last week. 

The organization says that because the EPA's most recent iteration fails to resolve a 50-year struggle to define a water body subject to federal regulation under the Clean Water Act, NMPF members will face continued uncertainty as they attempt to comprehend and comply with unclear regulations. 

Mulhern says it's important to note that EPA's latest iteration is not a complete return to the unworkable rule adopted in 2015. Depending on the outcome of the Sackett case this spring, Mulhern adds, "it may be time for Congress to step in in a bipartisan manner to provide clarity regarding which bodies of water are under the jurisdiction of the Clean Water Act."

National Milk Producers Federation President and CEO Jim Mulhern calls the new Waters of the U.S. Rule "cumbersome, unclear and overly complicated." NMPF released the response Tuesday following the end-of-year announcement of the WOTUS final rule by the Environmental Protection Agency last week. The organization says that because the EPA's most recent iteration fails to resolve a 50-year struggle to define a water body subject to federal regulation under the Clean Water Act, NMPF members will face continued uncertainty as they attempt to comprehend and comply with unclear regulations. Mulhern says it's important to note that EPA's latest iteration is not a complete return to the unworkable rule adopted in 2015. Depending on the outcome of the Sackett case this spring, Mulhern adds, "it may be time for Congress to step in in a bipartisan manner to provide clarity regarding which bodies of water are under the jurisdiction of the Clean Water Act."

NMPF: WOTUS unclear and overly complicated

The first of seven satellites for agriculture launched into space Tuesday by SpaceX. 

Built by Dragonfly Aerospace, the satellite is part of the Transporter-6 mission for customer EOS Data Analytics. 

The remaining six satellites of the constellation will be deployed over the next three years. 

The EOS Data Analytics project is the world's first agriculture-focused satellite constellation providing the industry with high-quality data to support efficient and sustainable practices. 

Images obtained from Dragonfly's EOS SAT-1 will deliver information for harvest monitoring, application mapping, seasonal planning and assessments that analyze information such as soil moisture, yield prediction and biomass levels. 

The data will support growers with reducing carbon dioxide emissions and help them to develop sustainable agricultural methods. The company says the information will have important environmental benefits for the planet and help prevent natural habitats from being diminished for crop growth and maintain biodiversity.

The first of seven satellites for agriculture launched into space Tuesday by SpaceX. Built by Dragonfly Aerospace, the satellite is part of the Transporter-6 mission for customer EOS Data Analytics. The remaining six satellites of the constellation will be deployed over the next three years. The EOS Data Analytics project is the world's first agriculture-focused satellite constellation providing the industry with high-quality data to support efficient and sustainable practices. Images obtained from Dragonfly's EOS SAT-1 will deliver information for harvest monitoring, application mapping, seasonal planning and assessments that analyze information such as soil moisture, yield prediction and biomass levels. The data will support growers with reducing carbon dioxide emissions and help them to develop sustainable agricultural methods. The company says the information will have important environmental benefits for the planet and help prevent natural habitats from being diminished for crop growth and maintain biodiversity.

World’s first agri-focused satellite launches

The National Cattlemen’s Beef Association responded to the newly-Published Waters of the U.S. Rule. 

The group says farmers and ranchers have dealt with the whiplash of shifting WOTUS definitions for far too long. 

“While the new rule retains longstanding exclusions for certain agricultural features, it still creates new uncertainty for farmers, ranchers, and landowners,” says NCBA Chief Counsel Mary-Thomas Hart. 

NCBA previously asked the Environmental Protection Agency to retain agricultural exclusions for small, isolated, and temporary water features that commonly appear on farms and ranches. 

The new rule fails to clearly exempt isolated and ephemeral features from federal jurisdiction and relies on “case-by-case” determinations to assess whether a feature is federally regulated. 

Hart says the timing of the rule couldn’t be worse as the Supreme Court is currently considering Sackett v. EPA, which would provide much-needed clarity to the WOTUS definition. “Today’s rule seeks to directly preempt the Supreme Court,” she says.

The National Cattlemen’s Beef Association responded to the newly-Published Waters of the U.S. Rule. The group says farmers and ranchers have dealt with the whiplash of shifting WOTUS definitions for far too long. “While the new rule retains longstanding exclusions for certain agricultural features, it still creates new uncertainty for farmers, ranchers, and landowners,” says NCBA Chief Counsel Mary-Thomas Hart. NCBA previously asked the Environmental Protection Agency to retain agricultural exclusions for small, isolated, and temporary water features that commonly appear on farms and ranches. The new rule fails to clearly exempt isolated and ephemeral features from federal jurisdiction and relies on “case-by-case” determinations to assess whether a feature is federally regulated. Hart says the timing of the rule couldn’t be worse as the Supreme Court is currently considering Sackett v. EPA, which would provide much-needed clarity to the WOTUS definition. “Today’s rule seeks to directly preempt the Supreme Court,” she says.

Group reacts to new WOTUS rule

The Environmental Protection Agency and the Army Corps of Engineers announced a final rule establishing the definition of “Waters of the United States.” 

They say the rule reduces uncertainty from consistently changing regulatory definitions, protects people’s health, and supports economic opportunity. 

The final rule restores essential water protections that were in place before 2015 under the Clean Water Act for traditional navigable waters, the territorial seas, interstate waters, and the upstream water resources that significantly affect those waters. 

“Following extensive stakeholder engagement, EPA is delivering a durable definition of WOTUS that safeguards our nation’s waters, strengthens economic opportunity, and protects people’s health,” says EPA Administrator Michael Regan. 

“It also provides greater certainty for farmers, ranchers, and landowners.” Michael Connor, Assistant Secretary of the Army for Civil Works, says, “This definition provides clarity long desired by farmers, industry, environmental groups, and other stakeholders. It also allows for more effective rule implementation.”

The Environmental Protection Agency and the Army Corps of Engineers announced a final rule establishing the definition of “Waters of the United States.” They say the rule reduces uncertainty from consistently changing regulatory definitions, protects people’s health, and supports economic opportunity. The final rule restores essential water protections that were in place before 2015 under the Clean Water Act for traditional navigable waters, the territorial seas, interstate waters, and the upstream water resources that significantly affect those waters. “Following extensive stakeholder engagement, EPA is delivering a durable definition of WOTUS that safeguards our nation’s waters, strengthens economic opportunity, and protects people’s health,” says EPA Administrator Michael Regan. “It also provides greater certainty for farmers, ranchers, and landowners.” Michael Connor, Assistant Secretary of the Army for Civil Works, says, “This definition provides clarity long desired by farmers, industry, environmental groups, and other stakeholders. It also allows for more effective rule implementation.”

EPA finalizes WOTUS definition

Ag Secretary Tom Vilsack is pleased that Alexis Taylor was finally sworn in last week as the U.S. Department of Agriculture’s Undersecretary for Trade and Foreign Agricultural Affairs. 

Vilsack says Taylor has had a deep-rooted and impressive career working on matters related to agriculture, trade, and enhancing as many export opportunities as possible for America’s farmers and ranchers. 

“She’s not only spent her career serving the American people through her work in American agricultural and trade policy but also as a veteran of the U.S. Army,” Vilsack says. 

“I am confident Alexis is the right person to lead as we continue to address global food security challenges, promote American exports to new and existing markets across the globe, and strengthen trade relationships with our partners.” 

The secretary also looks forward to working with Taylor to help the agency better serve farmers and ranchers and link America’s agriculture producers to expanded global opportunities.

Ag Secretary Tom Vilsack is pleased that Alexis Taylor was finally sworn in last week as the U.S. Department of Agriculture’s Undersecretary for Trade and Foreign Agricultural Affairs. Vilsack says Taylor has had a deep-rooted and impressive career working on matters related to agriculture, trade, and enhancing as many export opportunities as possible for America’s farmers and ranchers. “She’s not only spent her career serving the American people through her work in American agricultural and trade policy but also as a veteran of the U.S. Army,” Vilsack says. “I am confident Alexis is the right person to lead as we continue to address global food security challenges, promote American exports to new and existing markets across the globe, and strengthen trade relationships with our partners.” The secretary also looks forward to working with Taylor to help the agency better serve farmers and ranchers and link America’s agriculture producers to expanded global opportunities.

Taylor sworn in as USDA Undersecretary

America’s ethanol industry saw its production margins get weaker late in 2022. MarketWatch says the ethanol industry outlook will depend on multiple factors. 

Margins have recently dropped below the same time last year. 

Iowa State University’s Center for Agricultural and Rural Development says the average return over operating costs at a typical dry-mill ethanol plant was 34.64 cents per gallon. 

That’s over one dollar lower than the same time last year when the center put the average margin at $1.38 per gallon. The university says the average ethanol price in Iowa was at $2.44 a gallon, 85 cents lower year to year, while the average price of corn was $6.82 a bushel, about $1.10 higher than a year ago. 

Some of the key issues for the U.S. ethanol industry to watch include Renewable Volume Obligations (RVOs), Carbon Capture Projects, the future of Small Refinery Exemptions, and fewer limits on E15 sales.

America’s ethanol industry saw its production margins get weaker late in 2022. MarketWatch says the ethanol industry outlook will depend on multiple factors. Margins have recently dropped below the same time last year. Iowa State University’s Center for Agricultural and Rural Development says the average return over operating costs at a typical dry-mill ethanol plant was 34.64 cents per gallon. That’s over one dollar lower than the same time last year when the center put the average margin at $1.38 per gallon. The university says the average ethanol price in Iowa was at $2.44 a gallon, 85 cents lower year to year, while the average price of corn was $6.82 a bushel, about $1.10 higher than a year ago. Some of the key issues for the U.S. ethanol industry to watch include Renewable Volume Obligations (RVOs), Carbon Capture Projects, the future of Small Refinery Exemptions, and fewer limits on E15 sales.

What 2023 will mean for ethanol margins

Baby formula imports into the U.S. will be subject to tariffs again in 2023 as the exemptions implemented during a nationwide shortage are scheduled to expire. 

Reuters says the shortage began during supply chain issues brought on by COVID, and those issues began to get worse in February of this year. 

During that month, the biggest U.S. supplier recalled some products and closed down a manufacturing plant after reporting bacterial infections. 

Responding to the crisis, American health regulators relaxed import policies, and President Biden invoked the Cold War-era Defense Production Act to rebuild lagging supplies. Congress made the tariff waivers temporary as part of a deal to pass the measure quickly. 

Last August, Walmart and Target Corporation, two of the nation’s biggest retailers, said supplies of baby formula were improving. The maker of the biggest brand in the market, Enfamil, says formula shortages will likely persist until the spring of 2023.

Baby formula imports into the U.S. will be subject to tariffs again in 2023 as the exemptions implemented during a nationwide shortage are scheduled to expire. Reuters says the shortage began during supply chain issues brought on by COVID, and those issues began to get worse in February of this year. During that month, the biggest U.S. supplier recalled some products and closed down a manufacturing plant after reporting bacterial infections. Responding to the crisis, American health regulators relaxed import policies, and President Biden invoked the Cold War-era Defense Production Act to rebuild lagging supplies. Congress made the tariff waivers temporary as part of a deal to pass the measure quickly. Last August, Walmart and Target Corporation, two of the nation’s biggest retailers, said supplies of baby formula were improving. The maker of the biggest brand in the market, Enfamil, says formula shortages will likely persist until the spring of 2023.

Baby formula imports face tariffs again in 2023

The USDA’s Foreign Agricultural Service released a report titled “U.S. Beef Exports to East Asia on a Record Pace.” 

Despite economic uncertainties brought on by COVID, continued global supply chain challenges, and a competitive global beef market, American exports to East Asia were outstanding in the first half of 2022 in terms of value and volume. 

The report says, “During the first three quarters of 2022, U.S. beef exports to East Asia, including Korea, Japan, China/Hong Kong, and Taiwan, were a record $6.6 billion.” 

That’s a 22 percent increase on a value basis from last year’s exports worth $5.4 billion. “On a volume basis, the exports were up 6.4 percent,” the report says. 

“Despite surging food prices in recent months, higher-volume shipments indicate a continued demand for beef products.” It also shows that East Asia’s relatively stable middle class has high disposable income and is willing to absorb the rising costs.

The USDA’s Foreign Agricultural Service released a report titled “U.S. Beef Exports to East Asia on a Record Pace.” Despite economic uncertainties brought on by COVID, continued global supply chain challenges, and a competitive global beef market, American exports to East Asia were outstanding in the first half of 2022 in terms of value and volume. The report says, “During the first three quarters of 2022, U.S. beef exports to East Asia, including Korea, Japan, China/Hong Kong, and Taiwan, were a record $6.6 billion.” That’s a 22 percent increase on a value basis from last year’s exports worth $5.4 billion. “On a volume basis, the exports were up 6.4 percent,” the report says. “Despite surging food prices in recent months, higher-volume shipments indicate a continued demand for beef products.” It also shows that East Asia’s relatively stable middle class has high disposable income and is willing to absorb the rising costs.

U.S. beef exports to East Asia on a record pace

HUTCHINSON, Kan. — The major questions doctrine holds that courts should not defer to agency statutory interpretations that concern questions of "vast economic or political significance."

In late June, the Supreme Court issued a&nbsp;<a href="https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf">ruling</a>&nbsp;stating that the Environmental Protection Agency cannot put state-level caps on carbon emissions under the 1970 Clean Air Act, calling that a 'major question'.

Roger A. McEowen is the Professor of Agricultural Law and Taxation at Washburn University School of Law in Topeka. McEowen notes that this is a case where the administration at the time tried to make changes without asking Congress.

"What this was, was an attempt by the Obama EPA to basically rewrite and say, we're going to just shift to regulating out of existence coal-fired plants, fossil fuel generated electricity and we're going to regulate them out. They were doing this by regulation, so this would never come up for a vote in Congress and people wouldn't see it. It would just happen."

Now the follow up to the use of the&nbsp;major questions doctrine is, naturally, how do you define what a major question is?

"What the regulatory body is trying to do, when does it impact the entire economy?" McEowen said. "Of course, the Supreme Court doesn't tell us that. They just decide that on a case by case basis. Here they said that changing the manner in which energy is produced is national. That was kind of an easy one for them. There will be harder questions that will come up in the future, because the various administrations and agencies will try to push the envelope."

One area that will be constantly monitored by lawyers is that of the Waters of the U.S. rule, because the regulation of waterways will likely always be a source of contention for as long as humans need clean water to drink and plants and animals need water to survive. The two agencies tasked with figuring out how to interpret WOTUS are the EPA and the Army Corps of Engineers.&nbsp;

"There's a case before the U.S. Supreme Court on this out of Idaho," McEowen said. "That was also argued in October. We will probably see an opinion, I'm thinking February or March on this, to again try to define what a water of the United States is that gives the federal government jurisdiction to regulate it. It's a huge issue for agriculture, because we use a lot of water in agriculture for irrigation purposes, for livestock watering purposes. We don't want to have a puddle in a farm field defined as a wetland that the government can regulate, because that impacts farming activities."

In this particular case, the court appears to be looking to decide what test it should use to apply the WOTUS portion of the Clean Water Act, rather than calling it a major question that needs further clarification from Congress, even though almost every living thing uses water.

However, Congress could clarify future applications of law more generally if they would take up large concepts like air and water as a legislative body on a regular basis, at least once per Presidential Administration, rather than leaving it to courts and agencies to fight, or choose not to, based on who is in the White House.

<figure>
 <img src="https://media.eaglewebservices.com/public/2020/3/1584977157818.jpeg" alt="" />
 <figcaption></figcaption>
 </figure>NICK GOSNELL Hutch PostHUTCHINSON, Kan. — The major questions doctrine holds that courts should not defer to agency statutory interpretations that concern questions of "vast economic or political significance."In late June, the Supreme Court issued a&nbsp;<a href="https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf">ruling</a>&nbsp;stating that the Environmental Protection Agency cannot put state-level caps on carbon emissions under the 1970 Clean Air Act, calling that a 'major question'.Roger A. McEowen is the Professor of Agricultural Law and Taxation at Washburn University School of Law in Topeka. McEowen notes that this is a case where the administration at the time tried to make changes without asking Congress."What this was, was an attempt by the Obama EPA to basically rewrite and say, we're going to just shift to regulating out of existence coal-fired plants, fossil fuel generated electricity and we're going to regulate them out. They were doing this by regulation, so this would never come up for a vote in Congress and people wouldn't see it. It would just happen."Now the follow up to the use of the&nbsp;major questions doctrine is, naturally, how do you define what a major question is?"What the regulatory body is trying to do, when does it impact the entire economy?" McEowen said. "Of course, the Supreme Court doesn't tell us that. They just decide that on a case by case basis. Here they said that changing the manner in which energy is produced is national. That was kind of an easy one for them. There will be harder questions that will come up in the future, because the various administrations and agencies will try to push the envelope."One area that will be constantly monitored by lawyers is that of the Waters of the U.S. rule, because the regulation of waterways will likely always be a source of contention for as long as humans need clean water to drink and plants and animals need water to survive. The two agencies tasked with figuring out how to interpret WOTUS are the EPA and the Army Corps of Engineers.&nbsp;"There's a case before the U.S. Supreme Court on this out of Idaho," McEowen said. "That was also argued in October. We will probably see an opinion, I'm thinking February or March on this, to again try to define what a water of the United States is that gives the federal government jurisdiction to regulate it. It's a huge issue for agriculture, because we use a lot of water in agriculture for irrigation purposes, for livestock watering purposes. We don't want to have a puddle in a farm field defined as a wetland that the government can regulate, because that impacts farming activities."In this particular case, the court appears to be looking to decide what test it should use to apply the WOTUS portion of the Clean Water Act, rather than calling it a major question that needs further clarification from Congress, even though almost every living thing uses water.However, Congress could clarify future applications of law more generally if they would take up large concepts like air and water as a legislative body on a regular basis, at least once per Presidential Administration, rather than leaving it to courts and agencies to fight, or choose not to, based on who is in the White House.

Washburn Ag Law Prof: EPA questions continue before Supreme Court

USDA is forecasting an agricultural trade deficit in 2023. 

While deficits have happened in the past, the agency has never forecast one in advance until this year. 

The agency says ag exports are projected to reach $190 billion next year, but imports are projected to rise to $199 billion. 

Seth Meyer, chief economist with USDA, says an ag trade deficit isn’t a major cause for concern. 

“I’m of the opinion that having both rising exports and imports is a good thing,’ he says. “Farmers can sell their products at a good price while consumers can shop for what they want.” 

Ag exports are forecast to set another record during the fiscal year 2022 at $196.4 billion. If realized, that number would top the previous record of $177 billion in 2021. 

American exports currently face major pressure from the strong dollar value making U.S. products more expensive in the world’s markets. &nbsp;

USDA is forecasting an agricultural trade deficit in 2023. While deficits have happened in the past, the agency has never forecast one in advance until this year. The agency says ag exports are projected to reach $190 billion next year, but imports are projected to rise to $199 billion. Seth Meyer, chief economist with USDA, says an ag trade deficit isn’t a major cause for concern. “I’m of the opinion that having both rising exports and imports is a good thing,’ he says. “Farmers can sell their products at a good price while consumers can shop for what they want.” Ag exports are forecast to set another record during the fiscal year 2022 at $196.4 billion. If realized, that number would top the previous record of $177 billion in 2021. American exports currently face major pressure from the strong dollar value making U.S. products more expensive in the world’s markets. &nbsp;

USDA economist not worried about potential ag trade deficit

It’s well known that American agricultural employers who anticipate a shortage of domestic workers can fill seasonal farm jobs with temporary foreign workers through the H-2A Visa Program. 

The Department of Labor officially certified approximately 317,000 temporary jobs in fiscal year 2021 under the H-2A program. 

That number was more than six times the number of jobs certified in 2005. 

Only about 80 percent of the certified jobs in 2021 resulted in the issuance of a visa. The program has grown partly in response to current U.S. domestic workers finding jobs outside of American agriculture and a drop in newly arrived immigrants looking for farm jobs in the U.S. 

Six states accounted for about half of the H-2A jobs that were filled in 2021, including Florida, Georgia, Washington, California, North Carolina, and Louisiana. Nationally, the average H-2A contract offered 24 weeks of employment and 39.3 hours per week at $13 per hour. &nbsp;

It’s well known that American agricultural employers who anticipate a shortage of domestic workers can fill seasonal farm jobs with temporary foreign workers through the H-2A Visa Program. The Department of Labor officially certified approximately 317,000 temporary jobs in fiscal year 2021 under the H-2A program. That number was more than six times the number of jobs certified in 2005. Only about 80 percent of the certified jobs in 2021 resulted in the issuance of a visa. The program has grown partly in response to current U.S. domestic workers finding jobs outside of American agriculture and a drop in newly arrived immigrants looking for farm jobs in the U.S. Six states accounted for about half of the H-2A jobs that were filled in 2021, including Florida, Georgia, Washington, California, North Carolina, and Louisiana. Nationally, the average H-2A contract offered 24 weeks of employment and 39.3 hours per week at $13 per hour. &nbsp;

USDA says seasonal worker numbers jumped in 2021

Eggs are more expensive than they were last year.&nbsp;&nbsp;Marketplace says the Bureau of Labor Statistics reports the price of a dozen Grade A eggs jumped from $1.82 last year to almost $3.60 in 2022. 

While part of the increase is due to the rising price of chicken feed, the real culprit is highly pathogenic avian influenza. 

It’s infected more than 57 million hens this year, starting in the spring and continuing to flare up through the rest of 2022. 

“Spring was the first time we had egg prices spike,” says Daniel Sumer, an ag economics professor at the University of California-Davis. 

He says eggs are a staple for many people and can’t be cut back on when the price rises. When prices go up, people tend to buy them anyway. “That drives the price higher and higher,” he says. “And that has to happen because the supplies are more limited.”

Eggs are more expensive than they were last year.&nbsp;&nbsp;Marketplace says the Bureau of Labor Statistics reports the price of a dozen Grade A eggs jumped from $1.82 last year to almost $3.60 in 2022. While part of the increase is due to the rising price of chicken feed, the real culprit is highly pathogenic avian influenza. It’s infected more than 57 million hens this year, starting in the spring and continuing to flare up through the rest of 2022. “Spring was the first time we had egg prices spike,” says Daniel Sumer, an ag economics professor at the University of California-Davis. He says eggs are a staple for many people and can’t be cut back on when the price rises. When prices go up, people tend to buy them anyway. “That drives the price higher and higher,” he says. “And that has to happen because the supplies are more limited.”

Egg prices double during the past year

United Farm Worker leadership laid the blame for a lack of action in Washington on immigration at the feet of the Republican Party and the American Farm Bureau Federation. 

The Senate decided not to include worker immigration legislation in the fiscal year 2023 omnibus appropriations bill. 

The omnibus passed the House last week and is on the way to President Biden’s desk for his signature. 

“It’s a bitter disappointment for farm workers across the country who have earned the right to legal status through the sweat of their brow,” says UFW President Teresa Romero. She also called it unsurprising, saying that leaders of both groups want to keep farm workers living in fear and uncertainty. 

“They know that an undocumented workforce is easier to intimidate and exploit,” she says. Farm Bureau says the legislation will lead to wild swings in wage rates beyond the reach of many farmers and ranchers.

United Farm Worker leadership laid the blame for a lack of action in Washington on immigration at the feet of the Republican Party and the American Farm Bureau Federation. The Senate decided not to include worker immigration legislation in the fiscal year 2023 omnibus appropriations bill. The omnibus passed the House last week and is on the way to President Biden’s desk for his signature. “It’s a bitter disappointment for farm workers across the country who have earned the right to legal status through the sweat of their brow,” says UFW President Teresa Romero. She also called it unsurprising, saying that leaders of both groups want to keep farm workers living in fear and uncertainty. “They know that an undocumented workforce is easier to intimidate and exploit,” she says. Farm Bureau says the legislation will lead to wild swings in wage rates beyond the reach of many farmers and ranchers.

UFW assigns blame for lack of immigration action

President Xi Jinping is pushing for China to accelerate efforts to achieve self-reliance in agriculture technology. 

Farm Doc Policy News says China’s president identified seed development and core equipment among the areas he’d like the country to focus on. 

The central leadership had said in 2020 that the country’s seed industry was a weak link in its food chain and need to make more and better use of science and technology to turn that sector around. 

China is also expected to end the year with historically-low soymeal carryover stocks, which should increase its dependence on imported soybeans next year. 

Unfortunately for U.S. producers, Brazil’s soybeans, which get processed in China to make livestock feed, are currently more attractive than U.S. soybeans for February shipments. The news is considered positive for Brazilian farmers as some of them could begin harvesting their 2023 soybeans in as little as a week.

President Xi Jinping is pushing for China to accelerate efforts to achieve self-reliance in agriculture technology. Farm Doc Policy News says China’s president identified seed development and core equipment among the areas he’d like the country to focus on. The central leadership had said in 2020 that the country’s seed industry was a weak link in its food chain and need to make more and better use of science and technology to turn that sector around. China is also expected to end the year with historically-low soymeal carryover stocks, which should increase its dependence on imported soybeans next year. Unfortunately for U.S. producers, Brazil’s soybeans, which get processed in China to make livestock feed, are currently more attractive than U.S. soybeans for February shipments. The news is considered positive for Brazilian farmers as some of them could begin harvesting their 2023 soybeans in as little as a week.

China pushes for ag tech progress

The U.S. inventory of all hogs and pigs on December 1 was 73.1 million head. 

The recent Hog and Pig Report says that’s down from December 1 of last year and one percent lower than September 1, 2022. 

The breeding inventory was 6.15 million head, up slightly from last year and slightly higher than the prior quarter. 

Market hog inventory was 67 million head on December 1, down two percent from 2021 and one percent lower than last quarter in 2022. The September-November 2022 pig crop, at 33.7 million head, was one percent lower than in 2021. 

Sows farrowing during this period totaled three million head, down one percent from 2021. The sows that farrowed during the quarter represented 49 percent of the breeding herd. 

Hog producers intend to have 2.95 million sows farrow during the December-February quarter, up one percent from the actual farrowings during the same period a year earlier.

The U.S. inventory of all hogs and pigs on December 1 was 73.1 million head. The recent Hog and Pig Report says that’s down from December 1 of last year and one percent lower than September 1, 2022. The breeding inventory was 6.15 million head, up slightly from last year and slightly higher than the prior quarter. Market hog inventory was 67 million head on December 1, down two percent from 2021 and one percent lower than last quarter in 2022. The September-November 2022 pig crop, at 33.7 million head, was one percent lower than in 2021. Sows farrowing during this period totaled three million head, down one percent from 2021. The sows that farrowed during the quarter represented 49 percent of the breeding herd. Hog producers intend to have 2.95 million sows farrow during the December-February quarter, up one percent from the actual farrowings during the same period a year earlier.

U.S. hog numbers are two percent below last year

America’s leading agriculture groups applauded the Senate confirming Doug McKalip as the new Chief Agricultural Negotiator. 

The U.S. Grains Council says McKalip, “combines extensive international experience and almost 30 years of government service at USDA to help advance trade priorities and open up global markets.” 

American Farm Bureau President Zippy Duvall says McKalip has proven to be more than qualified for the position because of his experience. 

U.S. Meat Export Federation President Dan Halstrom says filling McKalip’s position was essential as the U.S. is currently engaged in negotiations with several key trading partners. 

NCBA’s Vice President of Government Affairs Ethan Lane says Jose Esteban’s new role in food safety is essential for ensuring consumer confidence in the U.S. beef industry. 

The National Milk Producers Federation and the U.S. Dairy Export Council applaud the Senate’s confirmation. “This move ensures dairy farmers will be at the negotiating table,” says NMFP CEO Jim Mulhern.

America’s leading agriculture groups applauded the Senate confirming Doug McKalip as the new Chief Agricultural Negotiator. The U.S. Grains Council says McKalip, “combines extensive international experience and almost 30 years of government service at USDA to help advance trade priorities and open up global markets.” American Farm Bureau President Zippy Duvall says McKalip has proven to be more than qualified for the position because of his experience. U.S. Meat Export Federation President Dan Halstrom says filling McKalip’s position was essential as the U.S. is currently engaged in negotiations with several key trading partners. NCBA’s Vice President of Government Affairs Ethan Lane says Jose Esteban’s new role in food safety is essential for ensuring consumer confidence in the U.S. beef industry. The National Milk Producers Federation and the U.S. Dairy Export Council applaud the Senate’s confirmation. “This move ensures dairy farmers will be at the negotiating table,” says NMFP CEO Jim Mulhern.

Ag groups applaud McKalip, Esteban confirmations

The Senate approved the nominations of Doug McKalip as the chief agricultural negotiator with the U.S. Trade Representative’s Office and Jose Esteban as USDA Undersecretary for Food Safety. 

Senate Ag Chair Debbie Stabenow says the nominees waited three months for a long-overdue floor vote. 

“Doug McKalip has proven he’s ready for the essential task of growing new markets abroad and protecting our producers from unfair trade practices,” she says. 

During a confirmation hearing earlier this year, McKalip said, “It will be my duty to break down trade barriers to American food and ag exports.” He’ll also press trading partners to live up to existing agreements. 

As the undersecretary for food safety, Esteban will be the agency’s leader on issues ranging from preventing food-borne illnesses to the regulation of cell-cultured meat that’s now near commercialization. Ranking Senate Ag Committee Member John Boozman says Esteban brings years of experience to a crucial USDA position.

<figure>
 <img src="https://media.eaglewebservices.com/public/2022/6/1654878888454.jpeg" alt="Photo courtesy of NCGA" />
 <figcaption>Photo courtesy of NCGA</figcaption>
 </figure>The Senate approved the nominations of Doug McKalip as the chief agricultural negotiator with the U.S. Trade Representative’s Office and Jose Esteban as USDA Undersecretary for Food Safety. Senate Ag Chair Debbie Stabenow says the nominees waited three months for a long-overdue floor vote. “Doug McKalip has proven he’s ready for the essential task of growing new markets abroad and protecting our producers from unfair trade practices,” she says. During a confirmation hearing earlier this year, McKalip said, “It will be my duty to break down trade barriers to American food and ag exports.” He’ll also press trading partners to live up to existing agreements. As the undersecretary for food safety, Esteban will be the agency’s leader on issues ranging from preventing food-borne illnesses to the regulation of cell-cultured meat that’s now near commercialization. Ranking Senate Ag Committee Member John Boozman says Esteban brings years of experience to a crucial USDA position.

Senate confirms McKalip, Esteban

Free Republic Dot Com says the surge in price is being driven by an avian-influenza outbreak that’s killed tens of millions of chickens and turkeys in the U.S. this year. 

Wholesale prices of Midwest large eggs hit a record of $5.36 a dozen this month. 

Retail egg prices are rising faster than any other items in American supermarkets in 2022.&nbsp;&nbsp;Egg prices are up 30 percent from January through early December compared to the same period last year and are outpacing overall food and beverage prices. 

Some suppliers are predicting potential price relief by February or Mach, but cold weather could slow production in the near term. 

Highly Pathogenic Avian Influenza has led to the death of 58 million birds, making it the deadliest outbreak in U.S. history. USDA says entire flocks have to be destroyed after an infection is confirmed to limit potential spread.

Egg prices are hitting record levels. Free Republic Dot Com says the surge in price is being driven by an avian-influenza outbreak that’s killed tens of millions of chickens and turkeys in the U.S. this year. Wholesale prices of Midwest large eggs hit a record of $5.36 a dozen this month. Retail egg prices are rising faster than any other items in American supermarkets in 2022.&nbsp;&nbsp;Egg prices are up 30 percent from January through early December compared to the same period last year and are outpacing overall food and beverage prices. Some suppliers are predicting potential price relief by February or Mach, but cold weather could slow production in the near term. Highly Pathogenic Avian Influenza has led to the death of 58 million birds, making it the deadliest outbreak in U.S. history. USDA says entire flocks have to be destroyed after an infection is confirmed to limit potential spread.