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Agricultural News


Congressman Franks Lucas talks 2023 Farm Bill Priorities and EPA's use of the ESA to Regulate Chemicals

Thu, 26 May 2022 15:31:29 CDT

Congressman Franks Lucas talks 2023 Farm Bill Priorities and EPA's use of the ESA to Regulate Chemicals Ron Hays, Senior Farm and Ranch Broadcaster, speaks with Frank Lucas, Former Chairman of the House Agriculture Committee from the Third District of western Oklahoma. Hays and Lucas talk about several pressing issues in the agriculture industry today including the EPA's use of the Endangered Species Act to regulate chemicals and the 2023 Farm Bill.

The U.S. Environmental Protection Agency is in efforts to regulate agricultural chemicals using the backdrop of the Endangered Species Act.

"This is a classic example where people who cannot get congress to pass laws to expand the Federal Government's authority or control over their lives use the opportunities when there are lawsuits to justify rulemaking authority, and that is what the EPA is doing," Lucas said. "They have announced something they refer to as the Endangered Species Act protection policy."

The Endangered Species Act, Lucas said, will expand the EPA's authority to not only cover new pesticide registration, but also current pesticide evaluations that they believe would impact wildlife habitats under the ESA.

"This is a dramatic expansion if they can succeed in getting this done," Lucas said. "In March, after the initial rule came out, EPA identified literally 50 pesticide ingredients that they wanted to go after."

There are already Federal laws in place, Lucas said, that cover the registration and regular process of verifying that.

"The EPA, which I would argue doesn't have the particular expertise in the area that want to go into, is trying by a rulemaking authority to do what Congress won't do," Lucas said. "Now, just another example of elections having consequences."

By going in this direction with the Endangered Species Act, it appears that the EPA is playing outside the lines.

"It is a way to expand Federal authority over industry in our lives," Lucas said.

Keeping that Federal overreach out of the agriculture industry is why Lucas says it is important to fight this.

"That is why my cohorts and I in the western caucus wrote to the EPA administrator urging him to reconsider what he is doing and step back from where he is headed," Lucas said. "You talk about disrupting modern agriculture. This is really unnerving if they are successful."

Circling back around to the Biden administration wanting states to have the ability to go beyond federal regulations when it comes to overseeing ag chemicals, it appears this could be dangerous if they are successful.

By taking action from the Supreme Court and allowing the state of California to set its own standards to supersede the federal law, Lucas said it will most likely have a devastating effect on production agriculture in California and change how things are done in the country as a whole.

"We have tried in the agricultural industry, on everything from the chemicals that we use in production ag, to the animal rights issues, to maintain a consistent standard across the country," Lucas said. "If California succeeds in doing this, then they just caused total chaos, and it will expand into other things and open up the potential for court cases in California courts that will impact all the rest of us across the country."

Lucas said the American Farm Bureau, the National Association of Wheat Growers, the National Cotton Council, and the National Association of State Departments of Ag have all filed briefs in opposition to what California is doing and what the Biden administration wants to do.

"It just starts us down a trail and turns agriculture as we know it upside down in this country, and you don't want all of your policy based out of San Francisco or Sacramento, California," Lucas said.

As far as the 2023 farm bill is concerned, some groups are coming out with their requests of what they would like to see on the farm bill. Lucas said he does not see the Farm Bill being completed before January.

"I don't see how you can have the kind of in-depth hearings covering the broad amount of subject matter, and how you can go into the field and do the things that are necessary before January, the spring of 2023," Lucas said.

Lucas said he expects control of the United Stated House to change after the November general election instead of the democrat by the name of David Scott from Georgia. Lucas expects the chairman of the House of Agriculture committee next year to be G.T. Thompson from Pennsylvania.

"G.T. has very diverse agriculture," Lucas said. "That is important. I worked with him from my ten years as chairman of the committee to the present day. He is the right fit and I look forward to that change in control as we put the 2023 farm bill together next year."

Lucas anticipates having a hand in the completion of the 2023 farm bill and said Thompson has made it clear that Lucas will be by his side during the process.


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