News Update
April 6, 2010

NCBA Challenges EPA’s Interpretation of Greenhouse Gas Permitting Rules

The National Cattlemen’s Beef Association (NCBA) and the Coalition for Responsible Regulation Inc. (“the Coalition”) filed a Petition for Review in the D.C. Circuit Court of Appeals Friday, April 2, challenging the Environmental Protection Agency (EPA) recent rule that reconsidered the so-called “Johnson Memo” interpreting when greenhouse gases (GHGs) become subject to the federal Prevention of Significant Deterioration (PSD) permit program. The final rule, announced March 29, is the second step in EPA’s phased-in approach to GHG regulation. Under EPA’s decision, facilities would be required to get PSD permits for GHG emissions starting in January 2011 when the first national rule controlling GHGs (from cars) takes effect, and would be required to do so without EPA undertaking the deliberate rulemaking process required by the Clean Air Act (CAA).

“While EPA touts its decision to hold off on regulation until next year as a ‘commonsense’ plan to give industry time to comply, this is nothing more than a smokescreen in an attempt to distract the public from the fact that EPA is circumventing the normal, required rulemaking process for such regulation. Under the CAA, the EPA must adopt a National Ambient Air Quality Standard for a pollutant prior to regulating it under the PSD program. No such rulemaking has been undertaken. As we have said many times, the consequence of GHG regulation will be economic devastation for American businesses,” said Tamara Thies, NCBA chief environmental counsel. “Before imposing very real, long-term negative impacts on the entire U.S. economy, the EPA should at least follow Congress’ strict instructions for regulating pollutants under the PSD program.”

The rule also strictly prohibits “grandfathering,” meaning that any project not actually issued a final PSD permit by Jan. 2, 2011, will be subject to GHG emissions reviews prior to such permitting. Inevitably, a number of projects will be held up until GHG-based reviews can take place. These projects will be left with little recourse once the compliance deadline takes effect. Furthermore, while EPA will not grant sufficient time for states to amend their permitting programs prior to the imposition of federal GHG regulations, states will not be allowed to issue valid permits after January 2011 without GHG reviews.

“EPA’s decision to violate mandates under the Clean Air Act and to try to sell the rule to the public as if it were doing industry a favor by deferring the compliance date, is unfortunate. While it may buy some additional time from a permitting standpoint, it does not solve the inherent problems associated with the fact that the CAA is being circumvented in the process, and EPA’s decision to regulate GHGs in the first place,” Thies said. “With so much scientific uncertainty surrounding climate change, and humans’ alleged contribution to it, it’s extremely premature for EPA to be moving forward with GHG regulation.”

In December 2009, EPA issued a finding that GHGs are an “endangerment” to public health and the environment — providing EPA with a foundation from which to regulate GHGs under the CAA, from small and large sources throughout the economy, including farms, hospitals, office buildings and schools. NCBA and the Coalition filed petitions with the D.C. Circuit Court of Appeals and EPA challenging the science behind EPA’s finding. NCBA is also supporting resolutions by Sen. Lisa Murkowski, Rep. Ike Skelton and Rep. Joe Barton to prevent EPA from moving forward on GHG regulation.

— Release by NCBA.

Charity Rating Service Downgrades HSUS For Not Fulfilling Stated Purpose

Charity Navigator has downgraded the rating of the Humane Society of the United States (HSUS) for not adequately fulfilling its stated charitable purpose. According to the Center for Consumer Freedom (CCF), HSUS now ranks lower on the Charity Navigator list than People for the Ethical Treatment of Animals (PETA).

HSUS tax filings for 2008 show the group spent less than 1% of its collected donations on grants to hands-on pet shelters. The organization solicits donations from Americans who believe their money is helping local pet shelters that house unwanted dogs and cats. Instead, the money is used to fund public information campaigns, state ballot initiatives and lobbying efforts aimed at ending meat production in the U.S.

In addition to the lower rating from Charity Navigator, the American Institute of Philanthropy gives HSUS a “C-minus” overall grade. According to CCF Director of Research David Martosko, animal charities can’t put donor dollars in staff pension plans, shortchange pet shelters and expect no one will notice.

— Release by Kansas Livestock Association.

Texas And Southwestern Cattle Raisers Host Ranch Gathering In Seguin

The Texas and Southwestern Cattle Raisers Association (TSCRA) will host a ranch gathering Tuesday, April 13, at the Texas Agricultural Education and Heritage Center in Seguin (Big Red Barn). The gathering will begin at 5:30 p.m. with registration followed by a free beef dinner and presentations relating to beef production.

Please RSVP by April 12 to Brooke Boddy at 1-800-242-7820, ext. 192, or rsvp@texascattleraisers.org.

The Texas Agricultural Education and Heritage Center is located at 390 Cordova Road in Seguin.

All members of the press are invited to attend. Please see schedule below.

5:30 p.m. - Registration Opens
6:30 p.m. - Free Beef Dinner Served
7:00 p.m. - Welcome, Leroy Muenich, Micro Beef Technologies
7:15 p.m. - Legislative Update and Discussion, Jason Skaggs, TSCRA Executive Director of Government and Public Affairs

The ranch gathering is sponsored by Bayer Animal Health and Micro Beef Technologies.

— Release by TSCRA.

Missouri State Fair Exhibitor Information Now Available Online

The 2010 Missouri State Fair will include an outstanding showcase of competitions Aug. 12-22 in Sedalia. Exhibitors can start making plans as competition entry information and other time-sensitive events are now available on the Fair’s web site.

Specifics on almost all exhibitor events including dates, times, rules and forms are available in the online Premium Guide, a comprehensive tool for Fair participants, at www.mostatefair.com/Premium-Guide.php, according to Fair Director Mark Wolfe. Entry forms will be accessible here starting May 3 at 9 a.m. Most competitions have deadlines, Wolfe noted, which will also be posted.

There were 111 Missouri counties represented at last year’s Fair with more than 30,000 entries submitted. Included in the competitions were 1,483 exhibitors from Missouri 4-H and 1,470 from Missouri FFA. Wolfe anticipates a similar number of entries this year.

Daily discounted exhibitor admission tickets for $4 each are available again this year to all competitive entrants and admission is free for all exhibitors ages 12 and under. The daily discounted exhibitor admission tickets can be purchased through Aug. 11 from the Missouri State Fair business office; these tickets will not be available at the gate, and they do not include parking. Additional admission discounts can be viewed online at www.mostatefair.com/Special-Promotions.php.

Camping during the event is another piece of the Fair experience that exhibitors need to confirm early. “Camping reservations will be accepted with completed entry forms beginning May 3, and these forms can also be obtained at our web site,” Wolfe said. “Reserved campgrounds open Sunday, Aug. 8, at 9 a.m., and are only available for livestock exhibitors, concessionaires and persons with disabilities.”

More information on “Growing Great Memories,” the theme for the Missouri State Fair, can be found at www.mostatefair.com, or by calling the Fair office at 1-800-422-3247. Those wanting to receive electronic news can also sign up for a free Fair Fan service at the web site.

— Release by Missouri State Fair.

— Compiled by Mathew Elliott, assistant editor, Angus Productions Inc.