On May 24, the U.S. Supreme Court ruled in favor of landowner rights in the Sackett v. EPA ruling over the scope of the EPA’s regulatory authority regarding what waters constitute a Waters of the United States.

In this episode of Beef Buzz, I am talking with National Cattlemen’s Beef Association Chief Counsel, Mary-Thomas Hart, about what this ruling will mean for the beef industry.

“It is an exciting day here at NCBA and I think that for landowners across the country,” Hart said. “In a 9-0 holding, the Supreme Court found in favor of the Sackett family, and killed the significant nexus test which has kind of been the ‘burr under our saddle.’ It has caused a lot of problems for landowners across the country, and we are happy to see that test go away.”

Cattle producers should be very excited, Hart said, and breathing a sigh of relief regarding this ruling.

“The latest news in the WOTUS universe has been related to the 2023 Biden rule, which kind of has a foundation in the significant nexus test,” Hart said. “So, the holding against the significant nexus test is certainly, at a minimum, going to require the Biden administration to pull their 2023 definition back for some serious reconsideration and revisions.”

In the ruling, the Supreme Court unanimously agreed that the Federal Government, EPA, and the Army Corps of Engineers had overreached their jurisdiction over the Sackett’s property.



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The U.S. Supreme Court handed a huge win to landowners, including farmers, in a case involving the U.S. Environmental Protection Agency’s jurisdiction over Waters of the United States, often referred to as WOTUS. 

The National Corn Growers Association (NCGA) applauded the decision.

“This sensible ruling preserves protections for our nation’s valuable water resources while providing clarity to farmers and others about the process of determining federal jurisdiction over wetlands,” said NCGA President Tom Haag. “This is a great day for corn growers.”

In the decision, the court narrowed the scope of the Clean Water Act’s jurisdiction by clearly rejecting the vague “significant nexus test,” upending the Biden administration’s overreaching WOTUS rule.

A 5-4 majority on the court issued an opinion, written by Justice Samuel Alito, that significantly narrowed the definition of adjacent wetlands, saying that to be adjacent and therefore a WOTUS, the wetland must have a continuous surface connection to a relatively permanent body of water connected to a traditional navigable water. The four-justice minority disagreed in an opinion, written by Justice Brett Kavanaugh, saying that a continuous surface connection test is too narrow, and overturns decades of precedent followed by both Republican and Democratic administrations.

NCGA, which has long said that EPA’s broad definition of WOTUS creates pervasive uncertainty and confusion for the agricultural community and farmers trying to manage land they own and operate, has spoken out forcefully on the issue and joined other agricultural groups in filing an amicus brief as the Supreme Court considered the case.

EPA is now expected to issue a revised WOTUS rule, since its current rule relies heavily on the significant nexus test. 

Ethics Must Continue to Play a Big Role as Quality of Beef Industry Increases

At the 2023 Cattlemen’s Conference, I talked with Jirl Buck of Buck Cattle Co. about integrity in the beef industry and positive growth due to new technologies.

Buck grew up on a small cow-calf operation, mainly producing Limousin cattle, and running yearlings on grass in the summer. His family showed steers and heifers. Buck attended Murray State College and Oklahoma State University, and during that time, he worked for several top cattle producers, including McKown Limousin, Magness Land & Cattle Co., American Cattle Services, Hal Courtney, and Ferris Ranch.

In 1987, Buck began buying and selling show steers and heifers and began to build his own breeding program. His goal was to produce cattle that have the style, balance, and power to compete in the show ring but also be able to perform in the real world of beef production, and that is still the goal today.

Today, Buck operates Buck Cattle Company alongside his wife, Brenda, and his daughter, Bailey. Buck Cattle Company runs 450 cows and produces Maine-Anjou, Hereford, and bucking bulls. They host two annual production sales in March and October and have several online sales throughout the year. Their bulls and groups of bred females are marketed through private treaty.

During the conference, Buck had the chance to discuss ethics in business when it comes to communicating with customers and other cattle producers.

Dr. Derrell Peel, Oklahoma State University Extension Livestock Marketing Specialist, offers his economic analysis of the beef cattle industry as part of the weekly series known as the “Cow Calf Corner” published electronically. Today, Dr. Peel talks about rising cattle prices and how they will impact retail beef prices in the days ahead.

The cattle and beef industry consists of primary production at the cow-calf level followed by a series of margin sectors for stocker and feedlot production; slaughter and fabrication at the packing level; and a multitude of beef product markets including retail grocery, food service and exports. Price adjustments in each of the industry sectors are related but variable in magnitude and timing. It is generally true in food markets that prices at retail adjust less and more slowly than farm level. Increasingly tight cattle supplies suggest that margins at all levels above the cow-calf sector will be squeezed in the coming months. The severity of the squeeze and the timing will vary across beef industry segments.

Retail beef prices are mostly unchanged over the last 16 months, with the most recent monthly retail all fresh beef price down 0.7 percent year over year. However, current Choice boxed beef prices are up over 14 percent from one year ago. It appears that retail margins are decreasing as wholesale values are increasing faster than retail prices. The reported retail beef prices reflect only grocery sales and less is known about beef price adjustments in food service and export markets. The ability of retail beef prices to move higher as limited supplies and rising wholesale prices squeeze retail margins is perhaps the biggest concern in beef markets currently.

Prolonged drought leaves mark on beef industry

Drought throughout the Southern Plains has taken its toll on Oklahoma cattle producers over the past two years. Ponds are dry, pastures are brown and cattle herds have been liquidated, especially in western Oklahoma.

Drought Monitor maps from the Oklahoma Mesonet consistently displayed a prominent drought line slashing across the state from northeast to southwest. Now that rain has fallen across much of the state this past month, weary producers wonder if a long-awaited recovery is near.

Difficult decisions on the horizon

Families who have devoted generations of blood, sweat and tears to their herds have held on as long as they can but could still face difficult decisions this summer.

Lindsay Coker and her brother left careers in Houston to move back home with their own families to help their parents farm near Texola. They grow cotton, wheat and hay while managing an Angus cow-calf operation. Some western Oklahoma producers like Coker live in an area teetering in the extreme to exceptional drought category.

“My dad always taught me to not overstock, but that has gotten a little more challenging,” she said. “This past winter, we had the leanest pastures we’ve ever started with, and we had to supplement more with forage, cake and protein.”

Senate President Pro Tem Greg Treat, R-Oklahoma City, today commented on the conclusion of today’s regular session that began in February.

The pro tem said the Senate Republican caucus was more united than ever before and built momentum going into the summer, which he hopes to carry into next year.

“I am proud beyond measure of all of our accomplishments this session,” Pro Tem Treat said. “We passed comprehensive school choice, significant teacher pay raises, record investments in schools and many more policy initiatives that will benefit Oklahomans across the state for generations. We also accomplished a lot for business development that will create jobs and opportunities for communities across the state.

“I appreciate the leadership team, the members of the Senate Republican caucus, the Senate staff and everyone involved this session. We wouldn’t have been able to accomplish as much as we have without everyone working in the same direction. After this year’s session, members of the Oklahoma Senate can say without a doubt that they have made Oklahoma a better place for the future of the state.”