A coalition of biofuels groups is pushing back at a federal appeals court ruling. The 5th U.S. Circuit of Appeals last week vacated multiple denials of small refinery exemption requests from the biofuel blending mandates, ruling that the agency had used an “impermissibly retroactive” standard.
“While we are disappointed by this decision, we will continue to vigilantly defend the Renewable Fuel Standard and fight against the illegal abuse of small refinery exemptions,” the Renewable Fuels Association, Growth Energy, American Coalition for Ethanol and National Farmers Union say in a statement.
“As other federal courts have determined, the RFS does not impose an economic burden on oil refiners because any compliance costs are passed down the supply chain,” the groups say, going on to charge that refiners are “doing everything they can to dodge their legal obligations” to meet the RFS blending requirements.
Ag groups ask President’s Export Council for help
Some of the largest American ag groups are asking the President’s Export Council to help bolster trade and strengthen supply chains.
The American Farm Bureau Federation, American Soybean Association, National Milk Producers Federation, Northwest Horticultural Council, Corn Refiners Association, National Association of Wheat Growers and others signed on to a letter asking the council to focus on reducing trade barriers and diversifying input sources to strengthen the U.S. ag sector.
“While our two million U.S. farms and ranches are the backbone of America’s food and ag sector, the impact of decreased exports and resulting economic fallout reverberates throughout the economy,” the groups say in their letter.
“More than twice as many Americans are manufacturing agricultural products as are manufacturing cars and trucks, and millions of food scientists, production workers, logistics experts, truck drivers, and engineers work in more than 200,000 food manufacturing, processing, and storage facilities,” the letter says. “All in all, our industries are responsible for nearly 20 percent of the United States’ economic activity.”
Comments sought on Clean Water Act pesticide permit
EPA is asking for comments on its proposed Clean Water Act discharge permit for pesticides.
The draft 2026 permit “largely has the same conditions and requirements as previously issued Pesticide General Permits,” EPA says in a Federal Register notice being published today.
In a settlement to a lawsuit brought by the Center for Biological Diversity, EPA must consult with the Fish and Wildlife Service on the effects of the permit on endangered species. The permit must be issued by Dec. 17, 2024.
Also in today’s Register: USDA’s poultry transparency rule, which will go into effect Feb. 12.
The Agricultural Marketing Service expects that recordkeeping systems already in place will allow live poultry dealers to gather much of the information they will need to disclose under the new rule, including grower earnings and variable costs producers may incur.
The National Chicken Council says the rule is unnecessary and will generate “frivolous lawsuits.”
Timely rains help Brazil soy planting
Brazilian farmers have planted 74% of this year’s soybean acreage, but it’s still the slowest rate in eight years, due to drought in key growing areas like the states of Mato Grosso in the center-north and Rio Grande do Sul in the south, according to the consulting firm AgRural. Brazil’s soybean planting was 87% complete at this time last year.
Mato Grosso did get some much-needed precipitation, but more will be needed, the firm says.
“In addition to the little progress in Rio Grande do Sul's planting, last week was marked by an improvement in rainfall in dry areas of central-northern Brazil, including in important producing regions of Mato Grosso,” says AgRural. “More volumes and better distribution of rainfall, however, are necessary in the short term to allow planting to continue and limit productivity losses.”
Giving Tuesday campaign supports healthy food donations
Instacart is teaming up with food and beverage companies to provide food to the Partnership for a Healthier America.
For every dollar spent using Instacart between Nov. 27 and Dec. 4 on select products from Core Hydration, Mott’s, Dole Packaged Foods and OLIPOP, Instacart and the participating brands will donate one serving of fruits and vegetables, up to a maximum of 1 million servings, to PHA.
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This is Instacart’s third Giving Tuesday initiative. Last year it teamed with Feeding America to donate more than 37,000 grocery items to more than 100 Feeding America food banks. In 2021, it provided nearly 7 million meals by allowing customers to donate one meal every time they shopped the digital aisles during the week of Giving Tuesday.
House lawmakers propose steeper penalties for foreign land reporting violations
Reps. Marie Gluesenkamp Perez, D-Wash., Dusty Johnson, R-S.D., and John Moolenaar, R-Mich., are proposing to increase penalties for “shell corporations” found to be in violation of the Agricultural Foreign Investment Disclosure Act.
The lawmakers’ Farmland Security Act would force shell companies— legal entities determined by USDA to have “no" or only “nominal” farm operations — to pay penalties worth up to 100% of the fair market value of the land as of the date of assessment, rather than 25%. This idea has previously been proposed by Rep. Mark Pocan, D-Wis., through another bill, the Agricultural Foreign Investment Disclosure Reform Act.
Keep in mind: AFIDA was designed to rely on self-reported information, according to Sen. Chuck Grassley, one of its original sponsors, and many of the investors hit with past fines turned themselves in. USDA officials previously told Agri-Pulse the agency largely assesses “modest” penalties, since widespread use of large penalties could discourage investors from filing late.
