Donald Trump’s cabinet picks are coming fast and furious, but the ag community is still waiting for the president-elect to pick someone to lead USDA. 

Some people are exiting the unofficial race. Mississippi Sen. Cindy Hyde-Smith, whose name has come up along with more than a dozen others, issued a statement saying “it’s an honor to be mentioned as a potential nominee …  but my plans are to remain in the Senate and continue to deliver for the people of Mississippi.”

While we’re at it: Jimmy Emmons, a regenerative farmer and rancher from Oklahoma, told Oklahoma Farm Report’s Ron Hays that he had been in talks with the Trump team about the USDA job.

Emmons is the senior vice president for climate smart programs for the Farm Journal Foundation’s Trust in Food Initiative Foundation. Trust in Food won a $40 million Partnership for Climate-Smart Commodities grant in 2022.

The latest nominee: Trump announced Chris Wright, CEO of Liberty Energy, as his pick for energy secretary on Saturday. A climate skeptic, Wright is an innovator in the field of fracking, in which natural gas is extracted from rock formations. He’s also slated to serve on the National Energy Council, which North Dakota Gov. Doug Burgum has been asked to chair, along with his position as interior secretary.

Congress heads toward another short-term funding bill

Lawmakers continue their lame duck session this week, but it looks like they’re going to punt their major funding decisions into early 2025. House Speaker Mike Johnson, R-La., told Fox News on Sunday that lawmakers are running out of time to finish their fiscal 2025 funding legislation before the end of the year. 

Keep in mind: The continuing resolution that has been funding the government since FY25 started Oct. 1 expires Dec. 20.

Leaders of the Senate and House Ag committees continue to discuss a package of disaster aid as well as possible assistance for market-related losses. The top Republican on the Senate Ag Committee, John Boozman of Arkansas, said there should be more clarity on those issues this week. It’s at the “top of the list of things we need to do,” he said. 

Take note: Deputy Agriculture Secretary Xochitl Torres Small is scheduled to testify before the Senate Appropriations Committee at a hearing Wednesday on disaster aid.

USDA hasn’t released an estimate of agricultural disaster losses for the past two years, but the administrator of the Farm Service Agency, Zach Ducheneaux, told Agri-Pulse on Friday that the number is likely to exceed $14 billion. He had earlier said the estimate was $14 billion.

For more on this week’s D.C. agenda, read our Washington Week Ahead

Bayer says Supreme Court petition will be filed soon

Following a victory in a Roundup case in the Philadelphia Court of Common Pleas, Bayer said it planned to file a petition in the Supreme Court before the end of the year or in 2025. The company maintains that federal pesticide law should pre-empt state “failure-to-warn” claims.

‘The jury’s verdict in favor of the company marks the 15th favorable outcome in the last 22 trials and validates the company’s strategy of taking cases to trial based on strong scientific and regulatory evidence,” Bayer said Friday. 

The verdict was Bayer’s third trial victory in the Philadelphia Court of Common Pleas “and is consistent with the overwhelming weight of scientific evidence and the consensus of regulatory bodies and their scientific assessments worldwide supporting the safety of glyphosate-based herbicides,” the company said.

Smithfield agrees to pay $2 million to fend off child labor claims, denies allegations

Smithfield Foods has agreed to pay a $2 million administrative penalty to Minnesota’s Department of Labor and Industry over alleged child labor violations at a plant in St. James. 

The department claimed its investigation found Smithfield employed at least 11 minors between the ages of 14 and 17 from April 2021 to April 2023. The teens performed hazardous work such as working near chemicals, operating meat grinders and other machinery, and using hoisting machines, a release says.

In a press release, Smithfield contested the agency’s claims and denied anyone under the age of 18 was knowingly hired to work at the facility. The company agreed to settle the matter without admitting liability.

Peanut drying vehicles aren’t OHV’s, are subject to excise taxes, court rules

A federal appeals court has ruled that peanut-drying trailers and wagons don’t qualify as “off-highway transportation vehicles” and are thus subject to federal excise taxes when they are sold.

The 11th Circuit Court of Appeals in Georgia on Friday reversed a lower court ruling that had found Georgia manufacturer Rockwater was exempt from about $37,000 in taxes, penalties, and interest.

But the appeals court said in its opinion, “Although the trailers are specially designed to facilitate the drying of peanuts, their special peanut-drying design has nothing to do with off-highway transportation.” The drying trailers and wagons were primarily designed for use on public roads, the court determined.

“The IRS audited Rockwater for failing to file a quarterly federal excise tax return in 2017 for its sale of three trailers in the second quarter of 2017,” the court said. Rockwater paid and then sought a refund before suing.

USDA reshuffles United Soybean Board membership roster

New York is set to gain one member on the soy checkoff while North Dakota will lose one under changes made by USDA.

Overall, membership on the United Soybean Board will remain at 77 members for the 2025 appointment process. The makeup of the board is subject to change every three years.

Vilsack to discuss climate-smart agriculture at COP29

Agriculture Secretary Tom Vilsack will participate in global climate talks in Azerbaijan this week to discuss climate-smart agriculture and more. 

Vilsack will participate in the UN Climate Change Conference Food, Agriculture and Water Day, along with other panels on the role of agriculture in climate solutions. This is only the second time in the summit’s history that food and agriculture have received a dedicated day. 

His appearance comes as reducing methane from food and other organic waste has become a key part of COP29. On Tuesday, COP29 will launch a climate initiative for farmers and will discuss efforts to reduce methane from organic waste.

Final word

“Everyone in the administration has to learn to play well with others, which includes the House and Senate." –House Ag Committee Chairman Glenn “GT” Thompson, R-Pa., when asked whether he was concerned about Robert F. Kennedy Jr. overseeing FDA. Thompson said Congress would provide the “checks and balances.” 

Kennedy is Trump’s pick to lead the Department of Health and Human Services.