The U.S. Supreme Court yesterday ruled in favor of landowner rights in their Sackett v. EPA ruling over the scope of the EPA’s regulatory authority regarding what waters constitute a Waters of the United States.

This ruling is a long time in the making- the picture above shows then EPA Administrator Scott Pruitt in 2017 on the side of ag as he holds a Ditch the Rule sign in a meeting with Iowa Senator Chuck Grassley. The ruling on Thursday effectively ditches a major element of the WOTUS rule- the significant nexus test.

“Oklahoma Farm Bureau members are encouraged that today’s ruling by the U.S. Supreme Court recognizes the need to consider landowners when the federal government makes rules regarding water use,” said Oklahoma Farm Bureau President Rodd Moesel. “We are pleased the ruling places limits on the EPA’s administrative reach regarding Waters of the U.S., which we hope will ensure more reasonable and realistic rules and actions by the agency in the future.”

The Oklahoma Farm Bureau Legal Foundation joined with 20 other state Farm Bureaus to file an amicus curiae – or “friend of the court” – brief in the Sackett v. EPA case review. The court’s majority decision referenced the brief, recognizing the ability of states to regulate water within their boundaries.

Opponents of federal government overreach argued the over-regulation stems from “the absence of a clear and definitive test” to determine what constitutes a WOTUS. The court ruled in favor of the Sacketts, stating the Clean Water Act does not allow the agency to regulate wetlands that are isolated from other bodies of water, protecting the private property rights of landowners.

The Oklahoma Cattlemen's Association also commented on the ruling:

"The SCOTUS unanimous ruling in Sackett v. EPA is perhaps one of the most significant rulings POSITIVE to the beef industry in some time. This is so very important! 

"OCA is very pleased and very honored to be a small supportive part of NCBA’s leadership against egregious WOTUS rules since the Obama Administration. Today is a good day."

There's a lot more reaction to the SCOTUS ruling- click on the buttons below to sample some of them- our Friday Beef Buzz will look closer at the ruling thru the eyes of our guest Mary Thomas Hart of NCBA- we will feature that in our next email on Tuesday.



The Oklahoma Agriculture Mediation Program knows this is a hard time for farmers and ranchers. We want you to know we are still open, and we are still here for you. The Ag Mediation program is a free service that provides mediation to agriculture producers who may need help with ag-related disputes.

At Oklahoma Ag Mediation, we have been helping people in agriculture resolve conflicts since 1987. We know firsthand about working together to resolve conflicts, so you don’t have to go through the court systems. Let our professional mediators help you. Mediation is allowed for lease issues, farmer/neighbor disputes, family farm transitions, and more. These services are available at no cost for Oklahoma farmers and ranchers in all 77 counties. For more information, you can go to ok.gov/mediation, or give us a call at 800 248 5465.



Some Drought Categories Improve This Week While Others Worsen

According to the latest Oklahoma Drought Map, Exceptional drought has improved from last week, decreasing from last week’s 8.88 percent to this week’s 5.68 percent.

Extreme drought or worse has improved significantly, decreasing from last week’s 30.67 percent to this week’s 25.09 percent.

Severe drought or worse has decreased slightly from last week’s 43.81 percent to this week’s 43.18 percent.

Moderate drought or worse conditions have worsened slightly, moving from last week’s 50.19 percent to this week’s 50.44 percent.

Abnormally dry or worse conditions have also worsened, moving from last week’s 55.79 percent to this week’s 60.14 percent.

According to the 6-to-10-day precipitation outlook map, the majority of the state, aside from the northeast corner, down into the southeast corner, is leaning above a 40 to 50 percent chance of precipitation through June 3. The remaining part of the state is leaning above a 33 to 40 percent chance of precipitation through that date.

Click the Oklahoma drought map above the story to view this week's drought numbers for Oklahoma.

The Cattle Industry is not the Villain When It Comes to Climate Change

At Cattlemen’s Conference, I talked with Dr. Frank Mitloehner of the University of California, Davis, about the value of the cattle industry as it relates to climate change.

The most concerning greenhouse gas when it comes to animal agriculture, Mitloehner said, is methane.

“Methane is interesting because it is really a different beast compared to the other ones,” Mitloehner said.

Cattle, swamps, and more produce methane, Mitloehner said, but it is naturally destroyed within about ten years.

While there is a constant source of methane emitted by cow herds, Mitloehner said it is not contributing to additional global warming because a similar amount of what is produced is also destroyed.

“The same is not true for other greenhouse gases, and so vehicle emissions, for example, just accumulate in the atmosphere,” Mitloehner said.

Decreasing methane emissions, Mitloehner said, will decrease global warming.

“That is something that can help the livestock sector become part of a climate solution, because there are ways we can reduce methane that are cost-effective and have a really good impact on climate,” Mitloehner said.

In this episode of Beef Buzz, I am back talking more about Cattlemen’s Conference with the CEO of the American Angus Association, Mark McCully. The event began on May 24 at Oklahoma State University’s Totusek Arena and ended on Thursday afternoon.

One of the topics discussed at the conference, McCully said, was show ring ethics.

“The show ring has changed over the years,” McCully said. “It used to be an incredibly powerful marketing tool for registered breeders to bring their cattle out and exhibit and market. It has largely gone in the direction, today, to our junior projects.”

The economy around these youth shows is enormous, McCully said, and they have become increasingly competitive. It is important to remember those youth, McCully said, as the level of competition has the potential to overwhelm the bigger goal of making sure the next generation of cattlemen and stockmen are raised well, and willing to come back into the business.

Ethics and judging are difficult topics to tackle, McCully said, but the goal is to have open-ended conversations about these topics to identify issues in the industry and find some ways to improve.

McCully said that when it comes to judging, it is always good to focus on “form and function, not fashion and fad.” There is variability, he added, as all judges will have a different preference.

KC Sheperd, Farm Director, is visiting with Troy Marshall with USDA’s National Agricultural Statistics Service, talking about the 2022 Census of Agriculture. Producers are urged to respond by May 31st.

“We are at that last home stretch, and I am sure all of those producers that responded back in January and February are tired of the broken record of us bringing this up, but we’re still appealing to those ones that still haven’t filled it out,” Marshall said.

At this point in the process, producers have already received information about how to fill out the census through the mail and other methods, Marshall said, and USDA is now making phone calls and visiting with some of those producers who have yet to fill out their census information in person.

While there are a number of producers who have not filled out their census, Marshall said he is pleased with the number of producers who have taken the initiative.

“We’re just a tick behind where we were in 2017, so we’re tracking along right with what we have done in the past,” Marshall said. “But one thing I did notice when we kind of looked through the data, you know, we are a tick down on the return rate. However, those that have returned it have been those that are actually producing, so we’re probably up just a tick on those that are actually farming. So, I say that we have better data because we have more that actually are in ag that have responded so far.”

Wheat Market Most Volatile of Commodities Due to Tight Stocks

This Week on SUNUP is Oklahoma State University Extension grain market economist Kim Anderson. During this week’s edition, Anderson talks about the latest movement in the commodity markets and the factors contributing to those movements.

“In the wheat market, there is a lot going on, a little less in corn, and not much going on in soybeans and, of course, cotton,” Anderson said.

Going back about two and a half weeks on wheat prices, Anderson said they have moved back and forth quite a bit.



“They fell off about $1.30 to $1.35, then they increased $1.60 to $1.65 and fell off 77 cents, then increased 20 cents and decreased 20 cents,” Anderson said. “A lot of volatility going on in that wheat market.”

In the last couple of weeks, Anderson said corn prices have dropped 70 cents and gained 20 cents back. Forward contracting prices for corn are around five dollars now, he added.

“Soybeans knocked off a dollar in the last two and a half weeks,” Anderson said. “Down to around 11 for the forward contract for harvest delivery and is stabilized down there.”

In hard red winter wheat, Anderson said the volatility is due to the tight stocks.

More Stories for Your Weekend Reading