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Cattlemen's Capitol Concerns Archive
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Contact:
Heather Vaughan,
202-347-0228, or hvaughan@beef.org.
The Cattlemen's Capitol Concerns (CCC) is a weekly report from Washington, D.C., giving an up-to-date summary of top policy initiatives concerning the cattle industry; direct from the National Cattlemen's Beef Association (NCBA). Please feel free to reprint in full or in part. If you would like to include NCBA's logo, contact us at 303-694-0305. | |
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Greenhouse Gas Regulation Under the Clean Air Act
NCBA has received many inquiries about a Farm Bureau letter giving the impression that the Environmental Protection Agency (EPA) plans to regulate greenhouse gases (GHGs) under the Clean Air Act (CAA) and tax cattle producers $87.50 per head to comply.
There is no proposal at this time to regulate GHGs under the CAA or to enact a "cow tax." EPA's Region 4 Office in Atlanta put out a statement this week reiterating that fact, in which they say that EPA's recent notice, "does not recommend the use of any particular Clean Air Act (CAA) authority."
The "cow tax" alert is the reaction to EPA's Advanced Notice of Proposed Rulemaking (ANPR) that was issued as a result of a 2007 US Supreme Court decision, Massachusetts v EPA, that determined that CO2 is a pollutant and directed the EPA to evaluate whether CO2 endangers public health and the environment. If EPA were to determine that CO2 is a danger to public health and the environment, CO2 likely would be regulated under the CAA.
Given this concern, the EPA issued and sought comment on the ANPR in large part to inform the public about the devastating effects regulating GHGs would have on every sector of our economy, including agriculture. But there is no formal proposal to regulate GHGs in this way. In fact, the ANPR states that "None of these documents represents a policy decision by the EPA, but all are intended to advance the public debate and to help inform the federal government's decisions regarding climate change." In addition, EPA Administrator Johnson stated that the CAA is "an outdated law . . . ill-suited for the task of regulating global greenhouse gases."
NCBA strongly opposes the regulation of GHGs under the CAA and has submitted comments to the EPA in opposition to this approach for addressing climate change issues. NCBA asked affiliates to submit them as well. The comment deadline was Friday, November 28, 2008.
Because the CAA is ill-suited to regulate GHGs, Congress has debated and will continue to debate regulating GHGs under a more appropriate cap-and-trade program. Just last week, President-elect Obama expressed his continued support for passing cap-and-trade legislation to control GHG emissions early in his Presidency. He has not talked about regulating them under the CAA.
Agriculture has generally been considered a solution to the climate change problem instead of one of the problems. Agriculture has been considered an important source of offsets for regulated industries. Regulated industry could purchase offsets from agriculture to meet their obligations under the cap. Such offsets can be created by, for example, sequestering carbon in soil or capturing methane and creating alternative forms of energy.
Some of NCBA's larger members, however, may be brought under a "catch-all cap" that may be included in a final cap-and-trade program. If this were to happen, emissions from cattle operations that meet a threshold level, such as 10,000 tons (or 25,000 tons) of CO2 equivalent annually would have to be decreased to at or below the cap, or they may purchase offsets to comply.
In addition, larger cattle operations may be required to report GHG emissions to the EPA under a law passed by Congress last year that requires the EPA to establish an economy-wide mandatory GHG Reporting Registry. Congress required establishment of the Registry to prepare for a cap-and-trade program. A proposed rule for the Registry is expected very soon, and finalization is expected before September 2009.
NCBA will continue to work with Congress and the Administration in an effort to ensure that climate change legislation impacts cattle producers to the least extent possible. It is our hope that the entire agriculture industry will continue to be considered a solution to the climate change issue, instead of part of the problem.
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Canada Begins WTO Consultations with United States on COOL
On December 1, 2008, the Canadian government announced it would seek formal consultations with the U.S. under the World Trade Organization (WTO) dispute settlement process on Country of Origin Labeling (COOL).
NCBA hopes the U.S. and Canadian governments can work together and resolve this issue in a way that doesn't hurt the business climate for U.S. beef producers. NCBA will closely monitor this situation, and as COOL is implemented in the U.S., we will continue to monitor the effect of COOL on domestic demand for beef. If we determine that COOL is negatively affecting beef producers, we've pledged to work with Congress to alter the law as necessary.
In a release announcing the move, Canada's Minister of International Trade Stockwell Day explained the decision: "While Canada is firmly committed to a cooperative trading relationship, we believe that the country-of-origin legislation is creating undue trade restrictions to the detriment of Canadian exporters."
The Canadian Cattlemen's Association (CCA) applauded the decision, claiming that COOL lowers prices for Canadian cattle up to $90 per head.
The WTO consultation is a first step that allows the parties to resolve trade disputes through formal discussions. The United States has ten days to reply, but the actual consultation will last for 30 days. If at the end of 30 days the consultations have failed to resolve the issue, the matter can be referred to a WTO dispute settlement panel.
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Status Review of the Black-Tailed Prairie Dog
This week the Fish and Wildlife Service (FWS) announced the opening of a 90 day status review of the Black-Tailed Prairie Dog to see if listing under Endangered Species Act (ESA) is warranted. The notice calls for scientific and/or commercial information about the status of the species to be submitted with a deadline for comment on February 2, 2009.
Black-Tailed Prairie Dogs are found in Montana, Wyoming, South Dakota, North Dakota, Oklahoma, Texas, Arizona, New Mexico, Colorado, Kansas, and Nebraska. Due to the vast habitat of the prairie dog it is imperative that our industry contribute information to the status review.
In March 2008, WildEarth Guardians filed a complaint against the Service for failing to complete a finding on a previous petition to list the Black-Tailed Prairie Dog. A settlement in July of this year stipulated the FWS would submit a finding by November 30, 2008. In their petition, WildEarth assert that one of several factors affecting the prairie dog habitat is livestock grazing.
NCBA and the Public Lands Council (PLC) will submit comments with regard to the negative affect listing the Black-Tailed Prairie Dog under the ESA would have on ranching operations.
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FDA Revokes Order Prohibiting Extralabel Use of Cephalosporin
On November 15, 2008, the Food and Drug Administration (FDA) revoked the order prohibiting the extralabel use of cephalosporin antimicrobial drugs in food-producing animals. The agency is taking this action so that it may fully consider the many substantive comments it received on the order of prohibition.
NCBA submitted comments to the FDA regarding the proposed ban, in which we found fault with the FDA's process and lack of data to substantiate such a regulatory action. NCBA requested that FDA withdraw the rule and work with stakeholders to gather more scientific data before moving ahead with any regulatory actions.
The agency received many substantive comments on the order of prohibition, and in order to fully consider the comments, the agency has decided to revoke the order.
As a result, the order of prohibition will not take effect on November 30, 2008, as originally intended. If, after considering the comments and other relevant information, FDA decides to issue another order of prohibition addressing this matter, FDA will open the order for public comment. |
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NCBA Hosts Webinar on Enhanced Feed Ban
NCBA will be hosting a webinar on December 8th, at 2 pm Eastern Time to discuss the Enhanced Feed Ban rule that is scheduled to go into effect in April 2009.
The educational webinar will be open to state affiliates and producers. NCBA representatives will join David Meeker, Senior Vice President of Scientific Services from the National Renderers Association (NRA); Shannon Jordre, from the Food and Drug Administration (FDA) Division of Compliance; Burt Pritchett, from the FDA Division of Animal Feeds and representatives from the National Milk Producers Federation (NMPF).
Additionally, FDA recently announced draft guidance for small businesses on compliances with the feed ban. Entitled, "Draft Guidance for Industry: Small Entities Compliance Guide for Renderers--Substances Prohibited From Use in Animal Food or Feed," the agency is accepting comments on this draft guidance until January 26, 2009. Comments can be submitted online at http://www.regulations.gov.
NCBA advocated against the enhanced feed ban because the science behind it and the economic cost-benefit analysis did not justify the increased burden the ban would place on the cattle industry.
We continue to have concerns about the enhanced feed ban and will work to ensure the least possible burden on our producers. Through tools like this webinar, NCBA is helping prepare our producers well in advance of these new requirements. |
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Update on USDA Regional Tuberculosis Listening Sessions
The United States Department of Agriculture (USDA) has indicated potential changes to the bovine tuberculosis program to help meet current challenges. To this end, they have scheduled a series of public meetings on tuberculosis to gain stakeholder input. The meetings-which are open to the public-will be formatted as listening sessions, with participants breaking into small groups to discuss innovative ways to address every aspect of the tuberculosis program.
Dr. Elizabeth Parker, NCBA's Chief Veterinarian, is coordinating the NCBA response. The current strategy was designed around the absence of TB in our national herd, and it needs to be adjusted due to the current situation of low incidence of the disease in the U.S. We believe the USDA improvements should include updated testing, depopulation, and surveillance strategies, improved State classification, and updated prevention methodologies, among other items.
A schedule of the USDA listening sessions is below.The meetings will be formatted as listening sessions, where the focus will be on gathering ideas from stakeholders. Each meeting will begin with a brief overview of the status of TB in today's agricultural landscape and the challenges we face in our efforts to respond to this disease. Then, participants will break into smaller groups to discuss innovative ways to address every aspect of the TB program, such as responding to outbreaks, improving surveillance, and developing useful, effective regulations.
Michigan - Monday, December 8, 2008
Holiday Inn South Convention Center, 6820 South Cedar Street, Lansing, MI, 48911
Minnesota - Wednesday, December 10, 2008 Hilton Minneapolis, 1001 Marquette Avenue South, Minneapolis, MN 55403
Texas - Thursday, December 11, 2008
Hilton Garden Inn Austin Downtown, 500 North IH 35, Austin, TX 78701
California - Friday, December 12, 2008
Sheraton Grand Sacramento Hotel, 1230 J Street, Sacramento, CA 95814
Washington, DC - Tuesday, December 16, 2008
Renaissance M Street Hotel, 1143 New Hampshire Avenue, NW, Washington, DC 20037
Registration begins at 7:00 a.m., and the sessions run from 8:00 a.m. to 4:30 p.m. |
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NCBA's Cattlemen to Cattlemen
Don't miss NCBA's Cattlemen to Cattlemen! On the show airing from December 9th through December 14th, we take a look at some of our favorite stories from our sponsor Bayer Animal Health. We'll visit Kentucky to learn more about how to best identify and treat bovine respiratory disease on your operation.
Then, from December 16th through December 21st, we look at how premises registration has made a positive impact on cattle ranches from Oregon to Colorado to Michigan.
NCBA'S Cattlemen to Cattlemen debuts Tuesday at 8:30 p.m. The show also airs Wednesday at 10:30 a.m. and on Sunday at 12:00 a.m. (All Times are Eastern) Don't forget, you can watch NCBA's Cattlemen to Cattlemen online anytime by visiting CattlemenToCattlemen.org.
NCBA's Cattlemen to Cattlemen on RFD-TV provides weekly news and features for cattle producers across the country. It airs every Tuesday at 8:30 p.m. Eastern time, with repeat episodes on Wednesdays at 10:30 a.m. and Sundays at midnight (all times Eastern).
The program's sponsors include Purina Mills, Fort Dodge Animal Health, Dow AgroSciences, Bayer Animal Health and McDonald's.
For more information or to check out past episodes, visit www.cattlementocattlemen.org. | |
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NATIONAL CATTLEMEN'S BEEF ASSOCIATION
1301 Pennsylvania Avenue NW, Suite 300
Washington, D.C. 20004 | |
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