Daybreak March 13: Time has come for RIF plans

Today’s the deadline for departments and agencies to submit plans for large-scale staff reductions.

An executive order issued Feb. 26 said federal agencies are supposed to prioritize the elimination of functions that aren’t statutorily mandated while maintaining efficient delivery of required functions. They should also look for ways to consolidate. 

It’s not clear when the plans will be released. Agencies have until April 14 to submit plans for consolidating programs and moving some staff out of the national capital region.

Senate Dems push for a short-term CR 

Sen. Minority Leader Chuck Schumer, D-N.Y., said Wednesday that Republicans don’t have the votes in the Senate to advance the House-passed continuing resolution. So, Democrats are pushing for a short-term measure that expires April 11. How long Democrats are willing to hold out is an open question.

Republicans need at least eight Democrats to vote for the CR to pass the Senate. Sen. Rand Paul, R-Ky., has said he won’t support the measure. Only one Senate Democrat, Pennsylvania’s John Fetterman, has previously signaled he would back the House CR. 

Fetterman, who did not attend a Wednesday caucus meeting, said he’s not sure how “realistic” it is to pursue anything but the full-year CR.

Spring is coming — so is WOTUS rewrite 

There’s a new administration in town, which means it’s time for another attempt to write a rule defining “waters of the U.S.” under the Clean Water Act.

Lee Zeldin, administrator of the EPA, announced Wednesday that he will work with the Army Corps of Engineers to craft a “durable” rule that will eliminate uncertainty for farmers.

The reaction was predictable: Industry groups and farm-state lawmakers applauded the effort to bring regulations in line with the Supreme Court’s Sackett decision. Environmental groups were critical.

“This will be the fourth rule attempting to define the waters of the United States in a decade. We need to stop playing political ping-pong with this vital issue,” said Jim Murphy, the National Wildlife Federation’s director of legal advocacy. Murphy also warned that layoffs at EPA will make the task of writing new regulations more difficult.

But, but, but: Zeldin told reporters he believes there will be enough people to do the job. 

“I will ensure that the staffing level to complete this rulemaking will always be exactly where we need it to be,” he said. “It's my responsibility as administrator of EPA to make sure that our staffing levels are set exactly where they need to be — not one person less, not one person more.”

Lawmakers launch bipartisan effort to curb misbranded honey

A bill is being introduced in the House and Senate to prevent products made from cheaper sweeteners from being marketed as honey. 

The legislation would establish a standard identity for honey at the FDA and require packers to vouch that their product is unadulterated. The Department of Health and Human Services would work with USDA and U.S. Customs and Border Protection on testing requirements. 

Alabama Republican Sen. Tommy Tuberville will introduce the Senate bill today. Reps. Greg Steube, R-Fla., and Jimmy Panetta, D-Calif., are expected to file the House version on Friday.

Committee likely to advance Makary nomination today 

The Senate Committee on Health, Education, Labor and Pensions is set to vote today on Martin Makary’s nomination to lead FDA. 

Makary received little Republican pushback during his confirmation hearing last week. Some Democrats on the panel even indicated they would be open to supporting him. 

During the hearing, Makary made it clear that he would focus on addressing food chemicals and the system to review their safety. He also said he’s already had conversations with the Trump administration about ways to make school meals healthier through a pilot program. 

Carbon pipeline company seeks to delay SD permit application

Summit Carbon Solutions has asked the South Dakota Public Utilities Commission to pause proceedings on its permit application for a carbon pipeline due to a recently enacted state law.

Last week South Dakota’s governor signed a law that prohibits eminent domain use by carbon pipelines. Summit, which wants to build some of its five-state, 2,500-mile pipeline through South Dakota, argued in the filing that the law has limited its ability to obtain survey permission. 

However, Summit needs to survey the route to inform the utilities commission on the constructability of the project before obtaining a permit. 

“The surveys which are necessarily required to inform the route decisions as to right of way will be significantly delayed,” which means the timelines involved in commission action on this application are “unrealistic,” Summit’s lawyers wrote in the motion. 

This is Summit’s second time applying for a permit to allow the pipeline project to proceed. State utility regulators rejected the company’s initial permit application in 2023.

Final word

“We appreciate the EPA's efforts to listen to the concerns of the agricultural community and provide a clear, workable definition that protects our water resources without overreaching.” – Chuck Conner, president of the National Council of Farmer Cooperatives, on Wednesday’s WOTUS announcement.