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This analysis provided by Jim Wiesemeyer, ProFarmer

Impact on EPA and enviro regulations. The Supreme Court on Friday, in a 6-3 ruling along ideological lines, overturned Chevron and handed authority back to Congress and the courts. “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority,” Chief Justice John Roberts wrote. The Supreme Court’s decision to overturn the Chevron doctrine impacts the power of federal agencies like the EPA to issue regulations. The Chevron doctrine previously allowed agencies to interpret vague laws. This change provides opponents a clearer legal path to challenge regulations, potentially forcing agencies to be more cautious in drafting rules.

Environmental regulators, such as the EPA, will face tougher judicial challenges. The decision is expected to slow down the regulatory process, requiring more time to craft, weigh comments, and finalize rules. Many environmental rules stem from old laws with few modern amendments, adding to the uncertainty.

Federal Energy Regulatory Commission (FERC) rule in jeopardy. The FERC’s rule aimed at improving power grid planning is now at risk. Republican Commissioner Mark Christie suggests that the Supreme Court decision makes it more likely for the rule to be struck down, prompting a potential need for amendments.

Vulnerability of auto and power plant emission limits. Auto pollution standards and recent rules limiting greenhouse gas emissions from power plants may be vulnerable following the Supreme Court ruling.

SEC climate disclosure rules: The SEC might face limitations in extending its regulatory reach. Companies challenging the SEC’s climate disclosure rules argue that Congress did not provide clear authority for such regulations.

Shift of responsibility to congress and courts. Overturning the Chevron doctrine shifts more responsibility to Congress to directly address policy issues with new laws. It also gives judges broader authority to rein in regulators when they exceed their authority.

Impact for agriculture regulations and the farm bill. USDA and EPA will no longer have the broad authority to interpret ambiguous statutes. This change is expected to limit their ability to create and enforce regulations without explicit congressional authorization. For instance, regulations related to farm subsidies, crop insurance, and environmental practices, including the Waters of the United States (WOTUS) rule, will now face closer judicial scrutiny.

Farm subsidies and crop insurance: Agencies will need clear statutory authority to implement or modify programs related to farm subsidies and crop insurance… could lead to fewer regulatory changes… unless explicitly directed by Congress.

Environmental practices: Regulations under the Clean Water Act and other environmental laws will be more challenging to enforce if they rely on ambiguous statutory language. This could affect rules aimed at protecting wetlands and managing agricultural runoff.

Animal welfare standards: The ruling could impact regulations like those via the Packers & Stockyards Act, which aim to ensure fair competition and treatment in livestock markets.

Support from agricultural groups. They argue that it restores a balance of power by ensuring that unelected bureaucrats cannot impose regulations beyond what Congress has explicitly authorized.

Impact on the farm bill. The ruling puts pressure on Congress to draft more precise and detailed legislation. This is particularly relevant for the new farm bill, as lawmakers will need to ensure that the statutory language is clear to avoid judicial challenges and ensure effective implementation by federal agencies.

The decision is expected to increase accountability within the legislative and executive branches. Congress will need to be more explicit in its directives, and federal agencies will be limited to implementing laws as written, without broad interpretative leeway.

Potential for legal challenges. With the Chevron deference overturned, there may be an increase in legal challenges to existing and new regulations. Courts will now play a more significant role in interpreting agricultural laws, which could lead to a more stable regulatory environment but also more litigation as stakeholders seek judicial clarification on ambiguous statutes.

Opportunity to review prior cases? The conservative Republican Study Committee (RSC) said House committees “have an opportunity to review any regulatory action that was justified by Chevron deference toward agency interpretation.” The RSC views the overturning of Chevron as a way to “reclaim congressional authority” and roll back what they see as executive overreach. The committee’s memo encouraged its members to “scour Biden-era regulatory actions and highlight any that should be considered for judicial review post-Chevron.” This indicates a specific focus on reviewing and potentially challenging regulations implemented during the Biden administration.

But the Supreme court ruling said decisions made previously that relied on Chevron would not be subject to review.

By Ken Legé, Texas A&M AgriLife Cotton Extension Specialist for the Lubbock Center

This will be the final report for the 2024 planting season. There are no Planting Conditions Forecast attachments this week, since temperatures are forecast to remain warm. I did attach a picture from Terry Co Irrigated Mixed Technology RACE trial, however.

Planting has progressed quickly in the region as the first of the insurance deadlines approaches. Overall, I estimate the entire West Texas region is about 70-80% planted, with irrigated at 85-90%, and dryland at about 50-60% planted. 

Planting in the Texas Panhandle is nearly complete for both irrigated and dryland, even though dry spots remain in much of that area. Early plantings have emerged, with some fields struggling due to the cool fronts those fields endured. Herbicide and Thrips applications have been made as the relentless high winds have allowed. Overall, conditions are much improved over this time in 2023, when this area’s cotton was whittled down to just a few acres.

In the Southern High Plains, areas north of Lubbock are nearly completed planting, with most fields planted in a fury over the last two weeks. While some fields struggled earlier, those that have emerged are in good condition. Like the Panhandle, winds have complicated herbicide and Thrips sprays. South of Lubbock most of the irrigated fields are planted, but few are up. Only about half of the dryland fields are planted, and many were dry-planted in hopes of an upcoming rain.

There have been some scattered reports of cotton ‘burning up’ soon after emergence, and I suspect those fields had a planting rain with very little subsoil moisture. Seedlings germinated and emerged, but in the absence of additional rain, the root system reached the dry layer a few inches below the surface, and with the higher-than-normal temperatures we’ve experienced, the seedlings quickly wilted. It remains to be seen if affected acres will be replanted; much will depend on the rain chances forecast for the remainder of this week.

Our Replicated Agronomic Cotton Evaluations (RACE trials) typically serve as a good survey of the Southern High Plains. We are 85% planted with those trials, with only two dryland and one drip field remaining. Fortunately, only one trial was dry-planted; others were planted into at least some moisture. We’ve established stands at about half of the trials thus far. Many thanks to our great grower-cooperators for their flexibility during this planting season!

 

WASHINGTON, DC — Today, Chairman of the House Agriculture Committee, Glenn “GT” Thompson (PA-15), delivered the following opening remarks at today’s full committee markup of H.R. 8467, the Farm, Food, and National Security Act of 2024:

Remarks as prepared for delivery:

Good morning, and welcome to the Committee’s consideration of the Farm, Food, and National Security Act of 2024.

When I became Chairman of the House Committee on Agriculture, I took seriously my mandate to protect our food supply and enhance the impact of our nation’s agricultural value chain. Across each title of this bill are new and better tools and resources for our farmers and rural communities. From production and processing, to delivery and consumption, this bill strengthens the rural economy across every region, state, and district.

While a few armchair critics have gotten louder these last few weeks, aiming to divide the Committee and fracture the process that brings about a bipartisan, bicameral Farm Bill, I believe it is important to focus on the substance of the legislation before us today.

Over the past few decades, the farm safety net has lost its ability to protect those who are the backbone of our great nation. American farmers face natural disasters, take huge personal risk, and are at the whims of regulatory overreach. It is a privilege to deliver a farm bill that strengthens the risk mitigation measures available to producers, providing certainty in a time of volatility.

The restoration of the farm safety net does come at a cost, and I have spent a lot of time with the Congressional Budget Office and the Budget Committee to correct erroneous assumptions. The Budget Committee has been a terrific partner, and that work will continue to ensure that not only do we correct those erroneous assessments, but do so in a transparent, judicious manner that restores the farm safety net and integrity to current and future agricultural estimates.

The Farm, Food, and National Security Act also provides historic, long-term investments in conservation programming through a practical reinvestment of Inflation Reduction Act conservation dollars. Reorganizing these dollars allows substantial investment in the voluntary, locally-led, and incentive-based conservation programs that are popular, flexible, and beneficial.  As many of you know, the conservation portion of the IRA was not considered by this Committee in 2021, instead $20 billion appeared once the bill moved to the Rules Committee. So today, the bill before us uses those dollars for conservation programming in Title II, something so important to this Committee.

Over the past few weeks, many have voiced concerns about a policy shift that both restores regular order and allows transformational investment in our low-income communities.

For more than 40 years, updates to the Thrifty Food Plan were cost neutral. In 2021, President Biden unilaterally, intentionally—and according to GAO—unlawfully, updated the market basket to no longer be cost neutral, resulting in a $256 billion addition to the farm bill baseline.

The Administration and my Democratic colleagues purport the update was science-based and transparent, and have even gone so far to say that no one can arbitrarily increase SNAP. However, Secretary Vilsack stood by his team as they did just that, through a rushed process devoid of thoroughness and filled with politics.

The TFP update before us does not cater to any one side; it is a balanced approach, forward-looking, underscored by the need for Congress to reassert its authority.

If the benefit must be increased beyond inflation, Congress must consider and execute.

Importantly, and as CBO recognizes, annual cost of living adjustments remain, so SNAP benefits will continue to rise and respond to inflation. Unfortunately, I have learned my Democratic colleagues were led to believe otherwise.

So what does the bill before us do with CBO’s assumption—an assumption that allows significant, historic investment in the title, of which has been intentionally ignored?

Republicans are providing additional financial resources across multiple programs that have successfully benefited tribal communities, seniors, and households pursuing healthier options.

Republicans are championing efforts for individuals to remain on their current career pathways without choosing between SNAP and employment or education.

Republicans are correcting a draconian, outdated policy option to now allow all individuals with past drug offenses to receive SNAP, aligning federal policy with the will of dozens of states across the nation.

Republicans are increasing resources available to the Nutrition Assistance Program block grant for Puerto Rico and encouraging both USDA and Puerto Rico to continue to formulate a financially and operationally viable pathway toward a transition from the block grant to SNAP.

And Republicans are holding USDA and the States who administer SNAP accountable to the American taxpayer.

In further efforts to disrupt the process, there has been talk about the movement of money across titles or the longstanding coalition of food and farm advocates. I assume it needs reminding of contemporary farm bills where farmers were stripped of billions in exchange for additional funds in nutrition, or where nutrition saw a 1 percent decrease in the deficit reduction exercise of 2014, yet farmers had to face an astonishing 25 percent cut. So, I have no shame transitioning available resources to the nearly unanimous, bipartisan priorities shared by each of you and incorporated in this bill, including trade promotion, research, and various specialty crop programs.

Each of the titles within this bill are supremely important to our rural communities. Providing access to credit, streamlining policies to provide connectivity to the many, improving precision agriculture, encouraging active forest management and enhancing forest health, creating access to energy system and efficiency updates, protecting plant health and specialty crop competitiveness, and protecting the livestock and poultry industry from catastrophic disease and the inside-the-beltway animal welfare activists,  are each worthy topics and policies that demand strong consideration as this markup unfolds.

I firmly believe the legislation before us today restores a robust rural economy, invests in America’s farmers, ranchers, and foresters, and bolsters every facet of American agriculture. And having seen the widespread support from stakeholders across this country, I believe we have achieved that goal.

As I said last week, a farm bill has long been an example of consensus, where both sides must take a step off the soapbox and have tough conversations. I do not draw redlines; I do not close the door to conversation. I could not have been clearer throughout this process that I was willing to work with each one of you to find a pathway forward on this bill. I have been here, I have been transparent, and I have been fighting for American agriculture.

Before I close, my appreciation to the staff on both sides of the aisle who have, for the most part, produced the bill text before you. Working in Washington is not easy, and you all have done a tremendous job of ignoring the noise and bringing to life the priorities of the Members you serve. Thank you.

With that, I yield to the distinguished Ranking Member, the gentleman from Georgia.

By Ken Legé, Texas A&M AgriLife Cotton Extension Specialist for the Lubbock Center

Everyone watched the radar and mesonet closely last weekend in hopes of widespread rainfall of significant amounts.  A few fortunate areas did, in fact, receive that; however, coverage was much more spotty than the radar indicated.  That said, it gave the NM/TX state line area (e.g., Gaines, Yoakum, Cochran, Bailey counties) its first real precipitation event of the season.  Most of the region took advantage of the badly-needed moisture, with planters beginning to run as soon as Tuesday last week.  From that point, significant acreage was planted with fair to excellent soil moisture conditions.  With the temperatures that followed, cotton planted last week should face very favorable emergence conditions.  Some areas received rainfall mid-week that may have caused some crusting that will likely require some scratching to aid emergence.

Our program has been extremely busy planting the Southern High Plains Replicated Agronomic Cotton Evaluations (RACE trials).  We have a total of 19 sites planned, and we planted 5 sites last week, putting us just a little over 25% completed.  Commercial acreage in the Southern High Plains planting is a little ahead of that percentage….perhaps as high as 30-35%, from my observations.

Here are some highlights from this week’s planting conditions forecasts:

Texas Panhandle

• Hot conditions today bring some relief mid-week, but there is also some wind to contend with.  By the weekend, average temperatures return.  Some rain chances are forecast early next week, which I hope turn into reality, as we will need it by then.
• Soil temperatures are of less concern, with the West Texas Mesonet showing most stations in the mid-70s.
• Soil moisture is the key, especially with warm air temps and wind early this week.  The seedbed can lose moisture quickly, so perhaps setting the planter one notch deeper may be a good idea to keep the seed in moisture.

Southern High Plains

• Very hot temperatures are forecasted, especially for Lubbock-southward.  These air temps plus wind early in the week could very well push evapotranspiration (ET) levels over 0.5” per day, which is significantly higher than normal for this time of year.  Closely monitor seeding depth, and consider placing the seed a little deeper to make certain it remains in moisture during germination.
• Soil temperatures are of less concern, with the West Texas Mesonet showing mid-70s to mid-80s at the 8” depth.
• Our next rain chance is forecast early next week.  We will need another planting rain to complete the 2024 planting season.

If you want your specific location (down to the field level), you can access your own tailored planting conditions forecast on demand with a calculator from North Carolina State University.  Go to:  https://products.climate.ncsu.edu/ag/cotton-planting/  The map will default to a location in NC, but you can scroll the map to your specific location and click on a field.  Click ‘submit’ and the tool will provide a 2-day planting conditions forecast with commentary.

Another good resource for near-term and extended weather outlooks focused on cotton can be found at Cotton Cultivated, developed by Cotton, Inc.:

https://cottoncultivated.cottoninc.com/#  That website also has other very good sources of information on all-things cotton.

Some folks were fortunate to receive good rainfall over the weekend, while others missed out.  We were hoping to plant a RACE trial somewhere today (Monday, 5-13), but all the grower cooperators who were ready to plant were either too wet or too dry…for those who do not live in West Texas, this is normal.  If you have moisture in your fields, it is ‘go-time’ for most of you!

Here is a summary:

TX Panhandle

• Spearman & Panhandle:  be aware of the nighttime lows in the 50s, as well as the chance of rain on Wed/Thurs.
• Dumas:  The low tonight is quite cool, so I would avoid planting today (Monday, 5-13), but the conditions remainder of the week look very good.

Southern High Plains

• Plainview:  be aware of the nighttime lows in the 50s, and good rain chances Wed/Thurs; also be cautious about low and high temperatures on Thursday.
• Lubbock & Lamesa:  If you have moisture, it is time to plant!   Moisture is the larger concern over temperature at this point.

We need to watch the precipitation forecast Wed/Thurs this week very closely.  The only rainfall predicted after that system is on Tuesday, May 21, but that is an eternity in West Texas.  For drip fields, light water pivots and dryland, remain alert and be ready to plant when a field receives some moisture.  For those south of Lubbock, there is ample time to plant the cotton crop; however, for those in the TX Panhandle and for some in the Plainview area, time is closing in with regard to moisture.   In the meantime, this is a great time to burn down any weeds that are present in the field.  Starting clean is key to making the most of your soil moisture.

If you want your specific location (down to the field level), you can access your own tailored planting conditions forecast on demand with a calculator from North Carolina State University.  Go to:  https://products.climate.ncsu.edu/ag/cotton-planting/  The map will default to a location in NC, but you can scroll the map to your specific location and click on a field.  Click ‘submit’ and the tool will provide a 2-day planting conditions forecast with commentary.

I hope you were some of the fortunate who received rainfall over the last week.  Recent systems have generally favored the east side of the region.  Forecasters have some modest rain chances for this upcoming weekend and early next week, so let’s hope that actually happens.

Attached are the TX Panhandle  and Southern HP Planting Conditions Forecasts for this week.  Here are some highlights:

TX Panhandle Planting Conditions Forecast:

• Colder temperatures are the trend for this week.
• Time to park the planters in the panhandle until early next week.
• Soil temperatures in the Panhandle at 8” generally in the mid-60s; when warmer air temperatures return, the seedbed should warm quickly.

Southern HP Planting Conditions Forecast:

• Plainview:  similar to the Panhandle locations, I recommend waiting until at least Saturday (5/11) or preferably later (hopefully we get some rain by then).
• Lubbock:  Monday through Wednesday this week (5/6 through 5/8) look tempting to plant cotton, but the cooler temps later this week and into the weekend cause concern.  Monday, 5/13, brings warmer temperatures and hopefully moisture.  Next week is when most growers will consider starting traditionally, and I am hopeful that conditions will improve by that time.
• Lamesa:  Similar to Lubbock, conditions at Lamesa look very tempting Monday through Wednesday this week (5/6 through 5/8) to plant.  But cooler temps are forecasted for later this week and into the weekend with increasing chances of rain.  A warming trend is forecasted for next week.  Again, our data indicate that latter May and early June have produced higher yields in the entire area south of Lubbock, so we have plenty of time to plant the crop.
• Soil temperatures in the Southern High Plains are in the mid-60s to lower 70s; when warmer air temperatures return, the seedbed should warm quickly.

If you want your specific location (down to the field level), you can access your own tailored planting conditions forecast on demand with a calculator from North Carolina State University.  Go to:  https://products.climate.ncsu.edu/ag/cotton-planting/  The map will default to a location in NC, but you can scroll the map to your specific location and click on a field.  Click ‘submit’ and the tool will provide a 2-day planting conditions forecast with commentary.