The livestock industry flooded the digital inbox of USDA with comments about the USDA’s Fair and Competitive Livestock and Poultry Markets proposed rule in recent days- the comment period ended on September 11, 2024. In this edition of the Beef Buzz- we talk with Tanner Beymer, Executive Director of Government Affairs at the National Cattlemen’s Beef Association about the comments they submitted and why this proposed rule is simply a re-run of what has been proposed before and has been shot down by the federal courts before.
Beymer tells Oklahoma Farm Report’s Ron Hays “What we have told them is the same thing that eight different federal circuit courts of appeals have told them over the last 16 years- that when Congress passed the Packers and Stockyards Act back in 1921- that they intended for demonstrations of competitive injuries to be included in order to establish a violation of the Packers and Stockyards Act and so basically we said that we oppose this rule based on the policy established by our members and if they move forward with it- it will directly result in reduced access to alternative marketing arrangements and ultimately cut into cattle producers’ bottom lines.”
Beymer says he is concerned that the USDA will simply push this rule out without giving adequate consideration to the over 13,200 comments that came in during the 75 day comment period. He says that “we are prepared to litigate on the basis of the Administrative Procedures Act- let alone the merits of the rule- if they are not properly following procedure in their mad dash to get this out before the end of the Biden Administration.”
Beymer adds “I don’t know how USDA- with a straight face can tell us that they have effectively evaluated those all of those comments between now and when the next Administration is sworn in- but I would imagine that they will try and again we will litigate any violations of the Administrative Procedures Act that arise.”
If this rule goes final- Beymer says it is a safe bet that it will be challenged in federal court. “Like I said, this harm to competition standard has been tried in court several times- and eight out of the twelve circuit courts have upheld the standard as part of Congress’s intent when they passed the Packers and Stockyards act- and only Congress and not USDA has the authority to change that.”
Beymer and Hays also discussed how this legal battle could play out under the spotlight of the Chevron Deference Supreme Court Decision from earlier here in 2024. Beymer believes that goes even further in saying USDA cannot make policy without the blessing of Congress.
The Beef Buzz is a regular feature heard on radio stations around the region on the Radio Oklahoma Ag Network and is a regular audio feature found on this website as well. Click on the LISTEN BAR at the top of the story for today’s show and check out our archives for older Beef Buzz shows covering the gamut of the beef cattle industry today.
