John Deere has long been reluctant to grant outside repair operators access to the software embedded in its machines which is often required to facilitate repair of equipment systems like the emissions control device.

However, according to a letter Deere sent to customers in May, all manuals have been updated to include repair language required by the federal emissions guidelines. This is significant because it allows equipment owners to use mechanics of their choice for repairs on their John Deere equipment.

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“The ruling in Sackett v. EPA was a chance for EPA and the Army Corps to correct a deeply flawed, prematurely released rule and work to truly improve water quality outcomes,” said Ted McKinney, Chief Executive Officer of the National Association of State Departments of Agriculture. “It is baffling that the revised rule does not accurately address all the issues and questions raised by the Supreme Court in the Sackett decision, nor does it address many of the questions stakeholder groups raised about the WOTUS rule EPA released at the end of last year.”

The National Council of Farmer Cooperatives (NCFC) also expressed disappointment with the revised rule. NCFC cited the latest action as a “missed opportunity” to remedy an issue that has been the source of significant concern and litigation for several years now. The American Farm Bureau Federation (AFBF) echoed a similar sentiment.

“EPA had a golden opportunity to write a Waters of the U.S. Rule that’s fair to farmers and stands the test of time, but instead chose to continue government overreach and revise only a small slice of the rule that was rejected by the Supreme Court,” said AFBF President Zippy Duval. “EPA has ignored other clear concerns raised by the Justices, 26 states, and farmers across the country about the rule’s failure to respect private property rights and the Clean Water Act.”

Agricultural Retailers Association President and CEO Daren Coppock also described the new WOTUS rule as a failure in adequately addressing the issues raised over the past several months. “Repeating mistakes will only lead to the continuation of flawed, unworkable regulations that will be litigated in the federal courts,” Coppock noted. The National Corn Growers Association (NCGA) also confirmed the response of many in the agricultural sector.

“The agency failed to open the process to public comment and engagement, which would have been extremely valuable,” said NCGA President Tom Haag. “Instead, the agency has released a rule that does not fully respect the holdings from the recent U.S. Supreme Court case on WOTUS.”

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“A full rewrite of the Biden Administration’s WOTUS definition is the only path to comply with the Sackett decision,” NCBA Chief Counsel Mary-Thomas Hart . “NCBA is seeking summary judgement in our lawsuit against the Biden WOTUS rule and urging the Southern District of Texas to strike the rule from the books.”

Implementation of the WOTUS rule has already been temporarily stalled in 27 states after a series of other lawsuits. Responding to the various court decisions, EPA has noted the agency remains “fully committed to ensuring that all people have access to clean, safe water. We will never waver from that responsibility.” The Army Corps of Engineers and EPA are reportedly going to be “interpreting ‘waters of the United States’ consistent with the Supreme Court’s decision” moving forward.

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The National Corn Growers Association and state corn grower organizations, which have , praised the decision. 

“We appreciate Administrator Regan’s timely action to prevent a disruption in E15 availability,” said National Corn Growers Association President Tom Haag. “EPA’s action will help address fuel supply constraints and ensure drivers continue to have access to a lower-cost fuel choice that cuts emissions.” 

The fuel market conditions that warranted EPA taking the same successful step last year continue today, Haag noted, and he said corn growers are proud to contribute to an energy and environmental solution that saves consumers money at the pump. 

Continued access to E15 during the summer months will help relieve ongoing energy supply pressures. When EPA took similar action last year, drivers saved nearly a dollar per gallon in some locations and an average of 23 cents per gallon during the summer months, according to data from the Minnesota Department of Commerce. E15 continues to save consumers significantly at the pump. 

Moreover, allowing uninterrupted E15 sales keeps a lower-emission fuel in the marketplace. In addition to being lower in carbon emissions, E15 has lower volatility than regular fuel, which is a 10% ethanol blend, and using E15 results in lower evaporative and exhaust emissions, important during the summer driving season.

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The lawsuit, expected to be filed by repair advocate Willie Cade, specifically aims at John Deere & Company, one of the world’s largest tractor and farm equipment manufacturers, claiming that it is illegally restricting the repair of its engine emissions systems to only authorized dealerships.

The lawsuit, filed in U.S. District Court of the District of Columbia, represents a novel approach to the issue through environmental law, advocates say. Cade is asking the court to require the EPA to act through an unusual legal route known as a mandamus order, which is an extraordinary remedy that is only granted if the petitioner has tried every other option available to them.

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If adopted, the proposal would be a win for the oil industry, which argues biofuel blending is costly.

The cuts would anger ethanol producers and the nation’s corn farmers.
U.S. Rep. Randy Feenstra (R-Iowa) denounced the proposal and said on Twitter he would “fight this tooth-and-nail.”

The EPA would reduce blending mandates for 2020 and 2021 to about 17.1 billion gallons and 18.6 billion gallons, respectively, an EPA document showed. That would be lower than a level of 20.1 billion gallons that had been finalized for 2020 before the pandemic.

The agency also would set the level for 2022 at about 20.8 billion gallons.
The EPA is setting the 2020 and 2021 mandates retroactively.

Ethanol would take the biggest hit. Levels for conventional renewable fuel, which includes ethanol, would drop from 15 billion gallons to about 12.5 billion gallons in 2020, 13.5 billion gallons in 2021 and 14.1 billion gallons in 2022, according to the document.

The EPA did not comment, but the administration cautioned that the numbers are not final and subject to revisions.

Source: Reuters

The formulations include Xtendimax VaporGrip Xtra, Engenia and Tavium.

Administrator Andrew Wheeler said the EPA opted for a five-year registration, which is typical for pesticides, instead of the two years that dicamba has experienced in the past, because they had more data to base this decision upon.

The administration reviewed 65 new studies as well as all literature and consulted with experts before making this decision.

Wheeler said the registrations address the concerns outlined in a Circuit Court of Appeals decision in June.
Source: Farm Journal’s Ag Pro

The groups that filed the emergency motion also asked that the EPA be held in contempt of court for its decision to allow farmers to use existing stocks of the herbicide through July.

The response expected in the Ninth Circuit Court will be the latest in a series of rapid developments that represent a years-long debate over the herbicide.

On June 3, the U.S. Ninth District Court of Appeals ruled that farmers could no longer spray dicamba. Days later, the EPA issued an order canceling the registrations of the three dicamba products (Bayer’s Xtendimax, BASF’s Engenia and Corteva’s FeXapan) but allowing growers and applicators to use existing stocks through July 31.

On Thursday, groups that oppose the use of the herbicide responded with the emergency motion.

In its order, the EPA outlined limited and specific circumstances under which existing stocks of dicamba could be used.

Administrator Andrew Wheeler noted that “at the height of the growing season, the court’s decision has threatened the livelihood of our nation’s farmers and the global food supply.”

He also said the agency’s order to use existing stocks is “consistent with EPA’s standard practice following registration invalidation, and is designed to advance compliance, ensure regulatory certainty and to prevent the misuse of existing stocks.”

The EPA also said the additional weeks of dicamba use would “mitigate some of the devastating economic consequences” of the court decision.
Until the court rules on the EPA’s response filed today, farmers can use dicamba.

Sources: EPA, Farm Progress, Politico

The final rule removes millions of miles of streams and roughly half the country’s wetlands from protection under the Clean Water Act, which requires industries to obtain permits to discharge pollution or fill in wetlands and imposes fines for oil spills. Politico reported that it is the largest rollback since the modern law was passed in 1972, going farther than reversing what the Obama administration attempted in its 2015 Waters of the U.S. rule.

According to the USDA, the agencies streamlined the definition, provided clear exclusions, and defined terms in the regulatory text that have never been defined. The administration says the rule clearly delineates where federal regulations apply and gives state and local authorities flexibility to determine how to manage their waters.

Kevin Ross, president of the National Corn Growers Association, said the rule “gives the flexibility and clarity needed to implement stewardship practices without the threat of government action. The final WOTUS rule will protect our nation’s water and be implemented without confusion, (which is) welcome news for farmers.”

Sources: USDA, NCGA, Politico

“EPA’s proposal does not ensure sufficiently accurate projections for waived
gallons and, therefore, will continue to shortchange the RFS when waivers are granted,” NCGA President Kevin Ross wrote.

The conclusion of the comments period kicks off a review that is expected to result in a final rule this winter, the EPA said. The proposed rule would use a three-year average of Department of Energy (DOE) recommended waivers rather than address the impact of waived renewable fuel gallons based on exemptions granted, NCGA said. By using DOE recommendations,
not actual waived gallons, EPA’s proposal to redistribute any future waived
gallons is half of what President Trump committed to farm-state senators.

Former Iowa governor and current ambassador to China Terry Branstad
met with Trump recently to lay out the industry’s concerns. Sen. Chuck Grassley (R-Iowa) has also been consulted.

Sources: NCGA, Politico