Feed Lot

SEP-OCT 2018

Feedlots and cow/calf operations in the beef industry who feed 500 or more has annually on grains and concentrates; maintain 500 or more beef cows; backgrounder, stocker/grower, preconditioner; veterinarian, nutritionist, consultant

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4 FEED•LOT September/October 2018 EDITOR'S DESK Suspension Rule was implemented. Many other courts are delving into the merits of the WOTUS rule – this court need not enter that fray." He went on to write, "As administrations change, so do regulatory priorities. But the requirements of the APA remain the same. The court finds that the government failed to comply with these requirements in implement- ing the Suspension Rule. Accordingly, the court grants summary judgment for the environmental plaintiffs..." WOTUS was one item that NCBA had marked off their "must do" list when it came to reducing govern- ment regulation. Although the suspension was only in effect for two years, it bought livestock owners some time while groups worked for permanent repeal. Two of the 26 states where the rule immediately took effect are Texas and Oklahoma. The Texas and Southwestern Cattle Raisers Association president Robert McKnight, Jr. issued a statement saying, "To- day's court ruling is a tremendous blow for ranchers and landowners who hoped the ill-conceived 2015 WO- TUS rule had finally gone by the wayside…In the three years since the rule change was proposed, ranchers and private property rights advocates nationwide have fought to maintain their rights in the fact of this blatant federal overreach." The remaining 24 states in the nation who are not impacted by the ruling are protected by other federal court injunctions against the 2015 Rule (one in North Dakota that covers 13 states, and one in Georgia that covers 11 states.) Farmers and ranchers are not against a clean water rule, however they are simply asking for a rule that protects water quality without trampling the rights of property owners. It will be interesting to see how this plays out with only half of the nation governed under the rule. Stay tuned. FL It appears as though a procedural snafu has brought WOTUS (Waters of the United States) back to life, or at least has resurrect- ed the law for the time being. On August 16, U.S. District Court Judge David Norton issued a ruling for the District of South Carolina, Charleston division, that instantly reinstated WOTUS in 26 states where district court judges have not stayed the law. The ruling was made on the grounds that the Trump administration vi- olated procedure by not allowing adequate time for public comments on Trump's executive order dismantling WOTUS in February 2017. The executive order suspending the rule was in effect for two years. A group of conservation groups asked the court to declare that the rule suspension did not follow the Administrative Procedure Act (APA). In a ruling from the court, the judge wrote, "The court reiterates that the issue currently before the court is not the merits of the WOTUS rule, but the procedure by which the Risen from the dead? — But only for half of the country — BY JILL J. DUNKEL

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