EPA introduces WOTUS replacement, courts rule on ‘ag-gag’ law and beef checkoff

Several regulatory updates and court rulings affecting the livestock and agriculture sectors have been announced over the past two weeks:

The U.S. Environmental Protection Agency is officially replacing the 2015 Waters of the United States rule with the Navigable Waters Protection Rule. The new rule redefines federally regulated bodies of water and would substantially reduce federal jurisdiction over wetlands and streams.

Several agricultural groups, including the American Farm Bureau Federation, the National Pork Producers Council and the National Cattlemen’s Beef Association supported the new rule, saying it gives farmers more certainty and balances federal and state power. But environmental advocacy groups like the National Wildlife Federation say the relaxed restrictions will lead to more water pollution and potential contamination, National Hog Farmer reported.

A U.S. District judge in Kansas ruled the state’s “ag-gag” law is mostly unconstitutional. The 1990 law makes it a crime for anyone to take a picture or video at animal facilities without the owner’s consent or to enter facilities under false pretenses.

The judge found that the regulation of speech is not viewpoint-neutral since it only applies to speech made with intent to damage the activities at the facility, the Associated Press reported.

Meanwhile, a magistrate judge sided with the federal government and 15 state beef checkoff organizations in a suit brought by R-CALF, the association representing cattle and beef producers. R-CALF alleged that the beef councils in the 15 states are private corporations using beef checkoff funds for “private speech,” violating the First Amendment, Feedstuffs reported.

The magistrate judge’s decision will now be forwarded to the federal district court for a final ruling, according to the National Cattlemen’s Beef Association.