AFIA Applauds Vilsack Enthusiasm for TPA

The American Feed Industry Association commends Ag Secretary Tom Vilsack for his leadership in asking Congress to renew Trade Promotion Authority legislation. AFIA’s President and CEO Constance Cullman says the animal feed and pet food industries are encouraged by Secretary Vilsack’s recognition of the importance of renewing TPA and is hopeful that the Biden administration intends to take an active and supportive position in renewing it. “As trade in the animal food sector continues to grow, we applaud Secretary Vilsack for standing behind U.S. agriculture and being the first within the administration to express both the need and support for TPA renewal.” The Trade Promotion Authority allows the U.S. trade representative to enter trade discussions with negotiating positions and priorities already agreed upon by Congress, which provides potential trading partners with the confidence that Congress will likely ratify any final agreement. TPA is not a new idea; it’s been utilized during presidential administrations going back to 1974 and has only been authorized four times. As the administration focuses on domestic issues, it’s not clear if it will request TPA renewal before the deadline this summer.

CFTC Charges Washington State Rancher and Feedyard in $233 Million Scheme

The Commodity Futures Trading Commission filed a civil enforcement action in the U.S. District Court in eastern Washington state. The action charges Easterday Ranches, Incorporated, a Pasco, Washington-based cattle feedyard, and Cody Easterday, the co-owner and former president of Easterday Ranches, for engaging in cattle fraud in connection with the sale of more than 200,000 non-existent head of cattle to a beef processor. Easterday is also charged with making false statements to an exchange and violating exchange-set position limits. The CFTC complaint seeks restitution, disgorgement, civil monetary penalties, permanent trading and registration bans to Easterday, and a permanent injunction against further violations of the Commodity Exchange Act and the CFTC. According to the complaint, Easterday accumulated more than $200 million in losses over a decade from speculative trading in the cattle futures market. To meet margin calls, Easterday came up with a scheme to defraud one of his biggest business partners, a South Dakota-based beef producer. Easterday Ranches submitted fake invoices and reimbursement requests relating to more than 200,000 head of cattle it never actually purchased or raised on the producer’s behalf. Easterday received more than $233 million to which it wasn’t entitled.

20 States Support NAMI Against Prop 12

A total of 20 states filed a brief with the Supreme Court supporting the North American Meat Institute’s petition challenging the constitutionality of Proposition 12 in California. “The governments of nearly half the states agree that if California is allowed to apply its laws of conduct in other states, a single state will dictate policies in all others,” says Meat Institute President and CEO Julie Anna Potts. “That will encourage a patchwork of regulations and threaten the free flow of interstate commerce.” The brief before the Supreme Court says, “If Prop 12 freely permits California to impose regulations directly on out-of-state commercial conduct and thereby fosters inconsistent state regulatory obligations, it enables tit-for-tat regulatory conflict.” They say the ultimate result may be a transformation of America’s current integrated national market into a patchwork of regulatory regions. The main question in the case is whether the U.S. Constitution permits California to extend its police power beyond its territorial borders by banning the sale of wholesome pork and veal products sold into California unless out-of-state farmers restructure their facilities to meet animal-confinement standards dictated by California.

USDA Releases Prospective Planting, Grain Stocks Reports

Producers intend to plant an estimated 91.1 million acres of corn in 2021, up less than one percent from last year, according to the Prospective Plantings report released by USDA's National Agricultural Statistics Service. Planted acreage intentions for corn are up or unchanged in 24 of the 48 estimating states. Soybean growers intend to plant 87.6 million acres in 2021, up five percent from last year. If realized, this will be the third-highest planted acreage on record. Compared with last year, planted acreage is expected to be up or unchanged in 23 of the 29 states estimated. NASS also released the quarterly Grain Stocks report. Corn stocks totaled 7.70 billion bushels, down three percent from the same time last year. On-farm corn stocks were down nine percent from a year ago, but off-farm stocks were up five percent. Soybeans stored totaled 1.56 billion bushels, down 31 percent from March 1, 2020. On-farm soybean stocks were down 41 percent from a year ago, while off-farm stocks were down 22 percent.

Growth Energy: To Decarbonize Transportation, America Must Turn to Biofuels

Following President Joe Biden’s announcement of a nationwide infrastructure package, Growth Energy says the plan overlooks the need to expand low carbon biofuels, like ethanol. The American Jobs Plan seeks to improve highways, bridges, ports, airports and transit systems. The plan also seeks to improve drinking water, the electric grid, and broadband. In total, the plan will invest about $2 trillion this decade. Growth Energy CEO Emily Skor says, “it’s disappointing” the American Jobs Plan doesn’t expand biofuels. Earlier this year, a new report from the Rhodium Group, found that biofuels are an essential element of the path to a net-zero future by 2050. However, the plan does call for $35 billion in research priorities, including offshore wind, biofuels and electric vehicles. And Agriculture Secretary Tom Vilsack says the plan "will help us rebuild our economy and rural communities.” Vilsack adds that the Department of Agriculture is central to President Joe Biden’s strategy to build a strong economy.

Biofuels Coalition Welcomes Amicus Briefs in Supreme Court RFS Case

A coalition of farm and biofuels groups welcome a Supreme Court brief filed by U.S. states supporting the coalition's arguments in a case regarding small refinery waivers. The Renewable Fuels Association, National Corn Growers Association, National Farmers Union, and American Coalition for Ethanol offered thanks to Iowa, Nebraska, Illinois, Michigan, Minnesota, Oregon, South Dakota, and Virginia for filing the brief. HollyFrontier and other refiners are asking the Supreme Court to overturn the January 2020 appeals court ruling in which the court found EPA exceeded its authority in granting certain small refinery waivers. The brief from the states concludes that “the judgment of the court of appeals should be affirmed.” The coalition says, “As the filings make clear, the exemptions have had a devastating effect on rural economies and on the demand for all types of renewable fuels.” The coalition adds, “we are very grateful that these states and other renewable fuel and agriculture interests have stepped up to endorse the decision as well.”

Lawmakers Introduce ACRE Act

A group of House lawmakers Thursday introduced the Agriculture Civil Rights and Equality Act, or ACRE Act. The legislation would prohibit officials at the Department of Agriculture from discriminating or providing preferential treatment to any person on the basis of race, color, national origin or sex. The prohibitions would apply to USDA hiring, contracting, and programming, including programs administered by states, territories and universities using USDA funds. The bill comes just weeks after President Joe Biden signed a massive, partisan $1.9 trillion spending package into law that includes a $5 billion agriculture debt relief program earmarked exclusively for non-white farmers. Wisconsin Republican, Representative Tom Tiffany, says, “it is fundamentally unfair for the government to treat farmers differently based on immutable characteristics.” Utah Democrat, Representative Burgess Owens, adds, “I’m deeply concerned that Congress feels emboldened to perpetuate a modern-day form of racial segregation rather than provide relief to those who need it most.”