LEGISLATIVE BULLETIN

July 25, 2022

To read the full version each week, please subscribe below.

USFWS Rolls Back Trump-Era ESA Regulation Regarding Critical Habitat Exclusions
Earlier this month, a federal court issued an order reversing three Trump-era Endangered Species Act (ESA) reforms mere weeks after the U.S. Fish and Wildlife Service (USFWS) finalized a rule rescinding the Trump-era regulatory definition of “habitat.” This month’s Hot Irons newsletter provides a detailed explanation of these recent changes in ESA regulation, and notes that via these rollbacks the USFWS and the National Marine Fisheries Service “have succeeded at dismantling four of those five Trump-era ESA reforms” prioritized by the agencies in a June 2021 press release.

On Thursday, the USFWS published a final rule that rescinds the fifth Trump Administration ESA reform targeted by the Biden Administration.

As reported in Hot Irons, in December of 2020 the Trump Administration issued a final rule which allowed permittees, lessees or contractors operating on federal lands – including grazing permittees – to request that certain federal lands be excluded from critical habitat designations based on undesirable “economic or other impacts.” The Trump-era rule permitted the USFWS to consider these requests on a case-by-case basis and gave the agency the discretion to exclude such lands from critical habitat designation where prudent.

The final rule published Thursday will revert the USFWS to a 2016 policy which largely prevents the agency from excluding federal lands from critical habitat declarations. The final rule is scheduled to take effect on August 22.

For a deep dive regarding the Biden Administration’s ongoing efforts to reshape ESA regulations, see this month’s edition of Hot Irons.

CDFA Announces 2023 Farm Bill Listening Sessions
On Wednesday, the California Department of Food and Agriculture (CDFA) announced that it “is holding several public forums across the state seeking input from farmers, ranchers and other stakeholders on priorities for the 2023 Farm Bill.”

The Farm Bill is a package of federal legislation reauthorized roughly every five years, governing conservation initiatives undertaken by the Natural Resources Conservation Service, disaster assistance and safety net programs administered by the Farm Service Agency, nutrition programs and a wide array of other policy matters implicated by agriculture.

CDFA will be hosting four listening sessions which “will be used to help develop recommendations that will be shared with California’s Congressional delegation and the leadership of the Senate and House agricultural committees.” The listening sessions will be held at the times and locations listed below:

• August 10, 9:00-11:00am, virtual hearing via Zoom (click here to register);
• August 16, noon-2:00pm, Copley Conference Room, 5660 Copley Dr., San Diego (register here to participate virtually via Zoom);
• August 23, noon-2:00pm, Fresno County Farm Bureau, 1274 W. Hedges Ave, Fresno; and
• September 7, 9:00-11:00am, Urban Tilth, 323 Brookside Dr., Richmond.

CDFA is also accepting written comments submitted via email to FarmBill@cdfa.ca.gov.

CCA staff has discussed the Association’s 2023 Farm Bill policy priorities with CDFA leadership and continues to work with our national partners at the National Cattlemen’s Beef Association to inform NCBA’s Farm Bill advocacy before Congress.

Upcoming Industry Events

Industry News

Federal agencies lay the groundwork to ignore the Supreme Court The Hill “In Weyerhaeuser v. U.S. Fish and Wildlife Service, the Supreme Court held that land designated by the U.S. Fish and Wildlife Service as “critical habitat” under the Endangered Species Act (ESA) must be habitable for the species the Service seeks to protect.” To continue reading, click here.

Preventative fires credited with saving Yosemite sequoias Associated Press “A famed grove of giant sequoias in Yosemite National Park survived its first wildfire in more than a century, thanks to efforts to regularly burn the undergrowth beneath the towering trees, a forest ecologist who toured the site said Tuesday.” To continue reading, click here.

California Agricultural Neighbors report outlines collaborative actions for enhanced food safety in Salinas Valley California Department of Food and Agriculture “The California Department of Food and Agriculture (CDFA) and the Monterey County Farm Bureau are joining together to announce the release of California Agricultural Neighbors: neighbor-to-neighbor best practices to help enhance localized food safety efforts.” To continue reading, click here. 

California Closes Forestland to Reduce Wildfire Risks Exasperated by Climate Change Intelligent Living “California is currently experiencing its peak wildfire season, when the state often has its fiercest blazes, some of which can require widespread evacuations. In response, the largest private landowner in California halted public access to all of its forestlands due to the risks posed by drought and wildfires.” To continue reading, click here.