Friday July 2 Ag News

 Ricketts to Host Ag & Economic Development Summit in August, Registration Now Open  

Governor Pete Ricketts, the Nebraska Department of Economic Development (DED), and the Nebraska Department of Agriculture (NDA) are set to host the Nebraska Ag and Economic Development Summit on August 4, 2021, at the Younes Conference Center in Kearney.

Registration for the event is now open at negovsummit.com.  Former U.S. Ambassador to China, Terry Branstad, will give the keynote address.

“Nebraska has emerged from the pandemic in a strong position due to the resilience of our people and our top industries, including agriculture and manufacturing,” said Gov. Ricketts.  “This year’s summit will convene leaders from across the state to explore ways to build on that momentum and keep Nebraska growing.  We look forward to hosting former Iowa Governor and Ambassador Terry Branstad as this year’s keynote speaker.”

As the state’s premier economic development forum, the Summit this year will add an agricultural focus, with co-sponsor NDA to host a number of industry-related sessions.  Discussion tracks will include building the state’s broadband infrastructure, growing ag-related exports, supporting entrepreneurship, growing the workforce, and much more.

“The Department of Agriculture is thrilled to co-host the Ag and Economic Development Summit,” said NDA Director Steve Wellman.  “We look forward to the opportunity to facilitate new discussions and partnerships.  Agriculture and economic development go hand in hand toward the success of our state and to grow our communities.”

Ambassador Branstad is scheduled to provide remarks during lunch.  A former Governor of Iowa and Iowa House member, Branstad served as Ambassador to China from 2017-2020 after being appointed by President Donald Trump.

“We are excited that Ambassador Branstad will be able to join us this year and share his expertise on topics influencing our state’s agricultural industry and economic growth,” said DED Director Anthony L. Goins.  “We hope everyone who shares in our mutual vision to grow the state will join Governor Ricketts and us in Kearney this year to strategize for the way forward.”  

The Summit will officially kick off on the evening of Tuesday, August 3rd, with a reception and banquet hosted by the Nebraska Diplomats.  During that event, numerous Diplomats and Nebraska businesses will be recognized for their contributions to the state’s economic success over the previous year.

“The Banquet is a chance to pay tribute to the community and business leaders who continue to drive progress in our state and make an impact throughout their regions,” said Nebraska Diplomats President Tim O’Brien.  “We hope many of our Summit attendees will also consider RSVP’ing for the Diplomat Banquet.”    

Registration for the Diplomat Banquet and Summit can be accessed at negovsummit.com.  A full Summit agenda is also available through the website.  For questions, contact Lori Shaal at lori.shaal@nebraska.gov or 402-471-3780.



Nebraska Cattlemen Commends Congressman Fortenberry

Nebraska Cattlemen (NC) sincerely thanks Congressman Jeff Fortenberry for his continued leadership as the ranking member of the House Appropriations Subcommittee on Agriculture, Rural Development, and Food and Drug (FDA). Last night, the House Appropriations Committee approved the 2022 Agriculture Appropriations Bill. This measure would establish funding for essential components of rural vitality, innovation and food security that fall directly in line with Nebraska Cattlemen’s membership policies.

NC President William H. Rhea III states, “Congressman Fortenberry has shown great leadership as the ranking member of the Appropriations Subcommittee. This measure will continue to allow Nebraska to be a leader in food production. As well as continue to create more efficiencies for Nebraska ranchers and farmers through rural broadband and enhancing continual education for agriculturalists.”

Nebraska Cattlemen look forward to continuing working and supporting Congressman Fortenberry as this measure moves forward in the U.S House of Representatives.



Iowa Pork Launches New Version of Iowa Tenderloin Trail
    
Iowans’ favorite pork dish is the breaded pork tenderloin. You can be rewarded for traveling the state and sampling these delicious sandwiches at 10 of 14 designated locations on the newest version of the Iowa Tenderloin Trail.

Inspired by the success of the original Iowa Tenderloin Trail, the Iowa Pork Producers Association (IPPA) has launched version “2.0,” an update of the 2017 trail.

“It was time to feature more areas of the state that weren’t represented in the first trail,” said Kelsey Sutter, IPPA’s marketing/programs director. “There are many places to enjoy a delicious, handmade, breaded tenderloin in Iowa. After all, we are blessed with them being represented on almost every menu across the state.”

The tenderloin is an iconic food in Iowa—the nation’s No. 1 pork-producing state. The new trail includes restaurant recommendations from IPPA President Dennis Liljedahl, Iowa Secretary of Agriculture Mike Naig, and athletic directors at Iowa State University in Ames; Drake University in Des Moines; and the University of Iowa in Iowa City.

The trail also highlights restaurants’ signature drinks, side dishes, and desserts, and promotes nearby attractions as possible side visits. Sutter hopes consumers incorporate the trail into vacations, weekend getaways, or day trips.

“The Tenderloin Trail encourages Iowa tourism across the state, supports local restaurants and businesses and, of course, celebrates Iowa’s delicious pork and Iowans’ favorite way to eat it,” said Trish Cook, chairwoman of IPPA’s restaurant and foodservice committee. “I absolutely love a good tenderloin and knowing where to find one!”

Trail explorers will receive a stamp on their passport when they order a tenderloin at any of the restaurants on the new trail. If they earn 10 stamps within a two-year period, they will be awarded an “I Conquered the Iowa Tenderloin Trail 2.0” T-shirt from IPPA.

To participate in the Iowa Tenderloin Trail, diners need to download and print the official passport at www.iowapork.org/tenderloin-trail. Passports also can be picked up at the IPPA office in Clive, or at any of the restaurants along the trail.

The new Iowa Tenderloin Trail includes the following locations:
    Birdies, Burgers & Brews at Hillcrest Golf & Country Club, Graettinger
    The Buffalo Tavern, Burlington
    Bump’s Restaurant at Finkbine Golf Course, Iowa City
    Darrell’s Place, Hamlin
    The Emerald Isle, Imogene
    The Feed Mill Restaurant at Waspy’s Truck Stop, Audubon
    Grid Iron Sports Bar and Grill, Webster City
    Iowa Taproom, Des Moines
    Jethro’s BBQ Drake, Des Moines
    PrairieMoon On Main, Prairieburg
    The Pub at the Pinicon, New Hampton
    The Stumble Inn, Bradford
    Whatcha Smokin? BBQ + Brew, Luther
    Wood Iron Grille, Oskaloosa

The original trail was completed by more than 400 pork-loving connoisseurs, from June 2017 through July 1, 2021. Sutter estimates that more than 20,000 people completed some part of the trail. She noted that a Google map with the original trail locations was viewed more than 250,000 times.



Farmland Donates $5,000 to Iowa FFA Association in Heartland Tour

Farmland recognized the Iowa FFA Association and its positive impact in the community and across the state through a check donation of $5,000. The gift is part of the 2021 Honoring the Heartland Tour, an initiative launched by Farmland in June to show appreciation for the honest work and tireless commitment in Midwest farming communities, agriculture industries, and retail establishments, and to support the next generation of farmers.

The brand's 13-week mission will honor the unsung heroes of our agri-food chain and highlight the fundamental role the heartland plays by delivering grab-n-go lunches and providing monetary donations to support the future of farming. The Farmland Honoring The Heartland Tour food truck will complete two to three stops per week at various locations rooted in Midwestern neighborhoods. In addition to distributing meals, the brand will be donating to the National FFA Organization and state-level FFA Associations throughout the tour to assist them in their vision to grow leaders, build communities and strengthen agriculture at the local, state and national levels.

This $5,000 donation to the Iowa FFA Association will go towards the organization's mission to develop its more than 16,400 students' potential for premier leadership, personal growth and career success. With 1 in 5 Iowans directly employed in agriculture, institutions like the Iowa FFA Association are vital in creating the next generation of leaders and ensuring a positive future for the category.

"Farmland is humbled to share this donation with the Iowa FFA Association so they can continue to be a prominent influence in the agricultural sphere by offering valuable real-world information and opportunities to its student and alumni chapters," said Erin Thacker, brand manager for Farmland at Smithfield Foods. "Farmland is committed to supporting localized farming in America's heartland to provide customers with high-quality, flavorful products they can trust and feel good about. The donation today honors the brand's appreciation for the crucial role our partners in this industry play for not only our products, but our nation's food supply."

"We are thankful for Farmland's ongoing support of the National and State-level FFA Organization's missions," said Molly Ball, chief marketing officer for National FFA Organization and president for National FFA Foundation. "We're happy to join in honoring the unsung heroes of farming and agriculture, many of whom are former FFA members."

As part of the donation event at the FFA Enrichment Center in Ankeny, Iowa, the Farmland food truck also provided meals to farmer leaders and employees of the Iowa Soybean Association (ISA). A strong supporter of the Iowa FFA Association, Iowa soybean farmers worked tirelessly during the public health and economic crisis this past year to ensure the country retained access to quality protein and fresh food. The ISA was recognized for delivering opportunities and results for the state's 37,000 soybean farmers. These efforts include building demand for soybeans, enhancing production and conservation courtesy of the Research Center for Farming Innovation and providing timely information to assist farmers in being more productive and profitable.



Des Moines Water Works Chief to Speak during Iowa Learning Farms Webinar

Ted Corrigan, chief executive officer and general manager of Des Moines Water Works, is the featured speaker for the Iowa Learning Farms conservation webinar July 7 at noon.

Corrigan has extensive leadership experience in the fields of water quality, engineering and water distribution, is a civil engineering graduate from Iowa State University, a licensed professional engineer, and holds Grade 4 Operator Certifications in Water Distribution and Water Treatment.

Des Moines River.During the talk, “The Increasing Challenge of Producing Safe Drinking Water,” Corrigan will discuss the unique situation of Des Moines Water Works, the largest drinking water utility in Iowa, which relies primarily on the Raccoon and Des Moines Rivers for source water and serves some 500,000 Iowans with clean drinking water.

He will cover the pressure on water utilities to comply with regulatory requirements while facing increasing nitrate concentrations and the presence of toxic microcystin from harmful algal blooms. He will also highlight the collaboration on water quality initiatives to address reductions in pollutants by groups throughout the state.

Corrigan noted that Des Moines Water Works cannot “engineer its way” out of the challenges it faces from nutrient pollution by continuing to build bigger and more expensive treatment facilities.

“Protecting source water from nitrogen, phosphorus, ammonia and manure — stopping contaminants in the first place before they enter waterways — is the key to ensuring safe drinking water to the Metro region,” he said.

Participants in Iowa Learning Farms Conservation Webinars are encouraged to ask questions of the presenters. People from all backgrounds and areas of interest are encouraged to join.
Access instructions

To participate in the live webinar, shortly before noon July 7, click this URL, or type this web address into your internet browser: https://iastate.zoom.us/j/364284172.

Or, go to https://iastate.zoom.us/join and enter meeting ID 364 284 172. Or, join from a dial-in phone line by dialing +1 312 626 6799 or +1 646 876 9923, with meeting ID 364 284 172.

The webinar also will be recorded and archived on the ILF website, so that it can be watched at any time. Archived webinars are available online.



Fischer Statement on D.C. Circuit Court Decision Striking Down Year-Round E-15 Sales

U.S. Senator Deb Fischer (R-Neb.), a member of the Senate Agriculture Committee, released the following statement after the U.S. Court of Appeals for the D.C. Circuit vacated a rule extending the sale of 15 percent ethanol blends year-round:

“Today’s ruling by the D.C. Circuit Court is a blow to rural America. I have long fought for year-round E-15 sales, which provides certainty and predictability for farmers and ethanol producers and gives consumers more choices at the pump. I will continue to put pressure on the EPA and pursue legislative avenues if necessary to preserve the year-round sales of E-15.”

Senator Fischer has long been an advocate for the year-round sale of E-15 and was the lead sponsor of the bipartisan Consumer and Fuel Retailer Choice Act. It would have allowed retailers across the country to sell E-15 and other higher-ethanol/gasoline fuel blends year-round, increasing regulatory certainty and eliminating confusion at the pump. In June 2019, Senator Fischer accompanied then-President Trump and EPA Administrator Andrew Wheeler for the official announcement of year-round E-15 Sales in Council Bluffs, Iowa.

Nebraska is ranked second in the nation in biofuel production and has 25 operating ethanol plants across the state. These plants produce more than 2 billion gallons of renewable fuel annually and have created more than 1,300 good-paying jobs.



Smith Responds to D.C. Circuit Court Decision Blocking Year-Round E15

Congressman Adrian Smith (R-NE) released the below statement today in response to the U.S. Court of Appeals for the District of Columbia ruling against the Environmental Protection Agency’s (EPA) 2019 rule waiving Reid Vapor Pressure (RVP) requirements to allow the sale of  ethanol blends in gasoline of 15%, or E15, year-round:

“I am deeply disappointed by the D.C. Circuit Court’s ruling today to roll back the previous administration’s expansion of the RVP waiver for E15,” said Smith. “It defies logic that the EPA could not use its statutory authority to provide a waiver for E10, but not provide one for E15, which has a lower PSI than E10.”

Prior to the 2019 rulemaking by EPA, Smith introduced legislation intended to clarify EPA’s authority to provide a RVP waiver for E15 by requiring the agency to do so.



Nebraska Corn Disappointed with Court’s Decision to Reverse Year-Round E15 Rule

The Nebraska Corn Growers Association (NeCGA) and the Nebraska Corn Board (NCB) are disappointed by the D.C. Circuit Court of Appeals’ decision today which reversed a 2019 rule by the Environmental Protection Agency (EPA) that lifted outdated restrictions on E15 (a 15% ethanol blend). EPA’s rule, that went into effect in June 2019, ultimately allowed for E15 sales year-round. If this new reversal by the D.C. Circuit Court comes to fruition, consumers will have reduced access and availability to E15, which will have several negative implications ranging from damage to rural economies to increased greenhouse gas emissions.

“The benefits of E15 are substantial,” said Andy Jobman, president of NeCGA and farmer from Gothenburg. “Almost all fuel in the United States is blended with a 10% blend of ethanol, or E10. By increasing this by only 5%, we’re reducing the amount of toxic chemicals that are added to gasoline to boost octane. Ethanol can reduce greenhouse gas emissions by up to 46% compared to traditional gasoline. As people continue to look at how they can reduce their environmental footprints, ethanol is an important step we can all take now. The EPA got it right in 2019, and NeCGA is going to do everything we can to make sure the rule stands.”

“E15 is the most widely tested fuel ever,” said David Bruntz, chairman of NCB and farmer from Friend. “Yes, as a corn farmer, higher blends of ethanol, like E15, benefit my business and rural Nebraska, but the benefits go far beyond that. Ethanol is a natural octane booster, it saves us all money at the pumps and it’s better for the environment. The D.C. Circuit Court of Appeals made a huge misstep with today’s decision, as the only group it benefits is big oil. E15 is the right choice for consumers, for farmers and the environment.”

Nebraska Corn, which is comprised of the 21,000+ corn farmers who invest into the Nebraska corn checkoff and the 2,400+ members who are dues-paying members of NeCGA, are working with groups like National Corn Growers Association, Growth Energy, Renewable Fuels Association and others to explore all available legal options to challenge the Court’s decision issued earlier today.



Naig Disappointed in D.C. Circuit Court’s Ruling on Year-Round E15

Iowa Secretary of Agriculture Mike Naig issued the following statement today in response to the D.C. Circuit Court of Appeal’s decision that reversed the Environmental Protection Agency’s rule that allowed year-round sales of E15.  

“I’m disappointed that the renewable fuels industry has been dealt yet another setback by the Courts. The decision by the D.C. Circuit Court of Appeals has created uncertainty and will cause economic harm to both fuel retailers and farmers. Consumers must have access to these more affordable, cleaner-burning fuels, especially during the summer driving season. I will continue to fight for renewable fuels, a critical part of our state’s economy.”



IRFA Disappointed by DC Circuit Court Decision on Year-Round E15

Today the DC Circuit Court of Appeals struck down the EPA rule granting E15 the same volatility waiver that has applied to E10 blends for decades. The rule made it easier for E15 to be sold during the summer driving season in conventional gasoline markets which make up roughly two-thirds of all gasoline sold.

In response, Iowa Renewable Fuels Association Executive Director Monte Shaw made the following statement:

“We are very disappointed by today’s decision to strike down EPA’s rule that makes it easier to sell E15 year-round in all markets. It is still our view that the law allowing an RVP waiver for blends containing 10% ethanol can and should be applied to E15, which does contain 10% ethanol, and a little more. There is no scientific or environmentally-sound reason to erect arbitrary barriers to the sale of E15 in the summer months, which has lower combined evaporative and tailpipe emission than either E0 or E10. Today’s decision really turned this section of the Clean Air Act on its head.

“Every legal, regulatory and legislative option will be pursued to reverse this decision. We are confident that as this issue continues to work its way through the legal and regulatory process, E15 sales during this summer’s driving season will not be impacted. The key will be to find a solution by June of 2022 to ensure the rug is not pulled out from under fuel retailers across the country who have added E15 to their stations, banking on the certainty EPA provided to offer the fuel all year. Ethanol producers will not abandon these retailers as we continue to find a path for E15 to be sold all year long.

“It is painfully ironic that last week we lost an important RFS lawsuit when the Supreme Court found that agencies could broadly construe the word ‘extension,” while today the DC Circuit Court rules against us because an agency did not employ the most narrow and limiting definition of the word ‘contains.’ Perhaps last week’s Supreme Court loss sowed the seeds of this decisions future reversal.”



ICGA will Fight D.C. Circuit Court Decision on E15

Today, the Iowa Corn Growers Association (ICGA) is disappointed by the D.C. Circuit Court of Appeal’s decision, which reversed the EPA’s 2019 rule allowing for year-round sales of E15, a widely available, clean-burning, and more affordable fuel that is suitable for 95% of vehicles on the road in the U.S.

In response, ICGA President Carl Jardon made the following statement:
“The Iowa Corn Growers Association strongly disagrees with the D.C. Circuit’s decision.  E15 is the most immediate, readily available, and environmentally friendly solution to reduce greenhouse gas emissions today. It does not make sense to reinstate barriers that could inhibit market access to a cleaner-burning fuel choice that combats climate change,” said Carl Jardon, a farmer from Randolph, Iowa. “Iowa is the nation’s leader in corn and ethanol production, and ICGA will continue to work with the Biden Administration and our biofuels champions in Congress and the State of Iowa to challenge this decision and maintain consumer access to E15 year-round in 2022 and beyond.”



Growth Energy, RFA, NCGA Disagree with Court's Decision to Reverse E15 Year-round

The D.C. Circuit Court of Appeals reversed a 2019 rule by the Environmental Protection Agency that lifted outdated restrictions on the sale of a fifteen percent ethanol fuel blend (E15). The case, American Fuel & Petrochemical Manufacturers, et al. vs. EPA, was a challenge by oil refiners to the rulemaking that allowed the year-round sale of E15. Growth Energy, the Renewable Fuels Association, and the National Corn Growers Association were intervenors on behalf of EPA in the case and issued a joint statement expressing disappointment in the court’s ruling:

“We disagree with the court’s decision to reject EPA’s move to expand the RVP waiver to include E15, a decision that could deprive American drivers of lower carbon options at the pump and would result in more carbon in the atmosphere.

“We are working to ensure the continuity of E15 sales through the 2021 summer season and beyond. This decision could impact summertime sales across all non-RFG areas where nearly two-thirds of retail sites offering E15 currently do business. If E15 in those markets were to end, summertime E15 sales would fall by 90%.

“We are pursuing all available options and will work with the administration and our congressional champions to ensure that we have a solution in place before the 2022 driving season.”

Background:
In June 2019, EPA issued its final rule extending the Reid Vapor Pressure (RVP) volatility waiver to E15, and found that E15 is substantially similar to E10 certification fuel, allowing its introduction into commerce by fuel manufacturers without the need for a separate E15 waiver. These actions allowed for the sale of E15 fuels year-round. Oil refiners soon challenged the rulemaking in the D.C. Circuit Court of Appeals in an attempt to undermine the expansion of biofuels in our nation’s fuel supply.

On August 21, 2020, Growth Energy, RFA, and NCGA filed a brief as intervenors in the oil industry’s lawsuit against EPA’s regulation allowing year-round E15. The brief provided strong support for EPA’s position that parity in RVP regulations for E10 and E15 is consistent with the provisions of the Clean Air Act and the congressional intent behind those provisions. The organizations further pointed out that extending the volatility waiver from E10 to E15 is appropriate because the volatility of the fuel actually decreases as more ethanol is added into gasoline beyond E10.

Growth Energy, RFA, and NCGA participated in oral arguments for the case on April 13, 2021.



ACE: Court Reversal on Year-Round E15 Regulation a Disappointment

Today, the D.C. Circuit Court of Appeals reversed the Environmental Protection Agency’s 2019 regulation, which finally allowed year-round E15 availability. American Coalition for Ethanol (ACE) Senior Vice President Ron Lamberty today spoke out expressing disappointment in the court’s decision:

“ACE is disappointed the D.C. Circuit Court chose not to see the oil industry’s opposition to EPA’s rule for what it is: an effort to maintain big oil's half-century old 90 percent gasoline mandate. That fact was clearly stated in the decision as the Court pointed out API and oil companies filed suit because ‘when agencies lift regulatory restrictions on their competitors or otherwise allow increased competition.’ Making higher octane, lower cost E15 available reduces carbon emissions and lowers costs, and oil companies have no interest in competing with that. Big oil has gone to courts, regulators, and elected officials constantly since ethanol was introduced, to make sure they continue to control all our energy choices, box out all potential competition, and maximize the dollars American drivers have to give oil companies for fuel. It's an incredibly unfortunate irony this decision was handed down right before Americans celebrate freedom by taking to the highways in the busiest driving holiday of the year, with the highest prices drivers have seen in years.

“We continue to believe EPA’s interpretation of the Clean Air Act holding E15 to the same gasoline volatility standards as E10 is consistent with Congressional intent while reflecting the improvements in future motor fuels Congress anticipated. EPA’s ruling in 2019 cut the RVP red tape allowing more retailers to add the blend to their fuel slate and offer their customers a low carbon fuel with higher octane at a lower cost, and we’ll continue to work with our industry partners, as well as administrative and legislative officials, to make sure this ruling doesn’t set back the important growth of lower carbon options at the pump to help the Biden Administration decarbonize the transportation sector.”



Reversal of Year-Round E15 a Blow for Farmers, Rural Communities, and the Environment

Ruling in favor of American Fuel and Petrochemical Manufacturers, the U.S. Court of Appeals for the DC Circuit today overturned part of a 2019 rule that permitted the year-round sale of gasoline blended with 15 percent ethanol.

The decision comes as a blow to American family farmers, rural communities, and the environment, all of which benefit from mid-level blends of ethanol. In a statement, National Farmers Union (NFU) President Rob Larew said he was deeply disappointed about the reversal and urged the administration to pursue other routes to expand biofuel use.

“Today’s decision is just the latest in a series of setbacks when it comes to biofuels policies. Restricting the sale of E15 during the summer isn’t just outdated and unnecessary – it’s actively harmful. Family farmers, rural communities, drivers, and the environment will all suffer as a result.

“Though we are deeply disappointed, we aren’t giving up the fight. To offer new market opportunities for farmers, create good rural jobs, improve air quality, provide more options for drivers, and reduce greenhouse gas emissions from the transportation sector, we are urging Congress and the administration to look for other opportunities to expand the use of higher level blends of ethanol."



Growth Energy Applauds New Legislation to Clarify Oil Refinery Exemptions

Today, Growth Energy CEO Emily Skor applauded the introduction of the Small Refinery Exemption Clarification Act of 2021 by U.S. Reps. Randy Feenstra (R-Iowa) and Angie Craig (D-Minn.). The legislation comes just days after the Supreme Court issued a decision on the meaning of “extension” for small refinery exemptions (SREs) and seeks to clarify the original congressional intent behind the small refinery exemption program.

“The Small Refinery Exemption Clarification Act seeks to clarify who is eligible, under the Renewable Fuel Standard (RFS) SRE program, ” said Growth Energy CEO Emily Skor. “The RFS was always intended to spur increased blending of low-carbon biofuels into our domestic fuel supply every year. We firmly believe that refiners have had 16 years to adjust their operations to comply with the RFS, and that EPA’s SRE authority was meant to steer them toward compliance rather than provide a never-ending excuse to avoiding their blending obligations.  

“Legislation like this will help stabilize demand in our industry, so we can continue to produce low-carbon biofuels, provide clean energy jobs in rural areas, and achieve our nation’s climate reduction goals. We are grateful to Representatives Randy Feenstra and Angie Craig for continuing to push to restore integrity to a program run amuck.”

For years, Growth Energy has raised the alarm on the abuse of SREs, and is currently involved in SRE litigation to restore integrity to the program.

Growth Energy also strongly supports and advocates for the House and Senate versions of the RFS Integrity Act, H.R. 1113 and S. 1792 respectively, bills which would add deadlines for refinery SRE petitions so EPA can properly account for them in future year RVOs. The legislation would also improve transparency in the SRE process by requiring petitioners to publicly disclose basic identification information.

In addition, Growth Energy supported several letters led by Democrat and Republican members in both chambers who wrote the White House, EPA, and USDA on the market implications of SRE authority abuse.



RFA Supports New Bill Reinforcing Intent Behind RFS Small Refinery Waivers

The Renewable Fuels Association today thanked Reps. Randy Feenstra (R-IA) and Angie Craig (D-MN) for introducing legislation that reinforces the intended meaning of the term “extension” as it relates to the Renewable Fuel Standard’s small refinery exemption provisions.

The bill stipulates that a small refinery may petition for an exemption only if that refinery has continuously received one every year since 2011. It was prepared in response to the recent Supreme Court decision to reverse an important aspect of the Tenth Circuit’s 2020 decision regarding small refinery exemption extensions granted by the previous administration.

“As we argued before the Supreme Court, we believe Congress has always intended the small refinery exemption to be temporary in nature. We also continue to believe the statute only allows EPA to extend exemptions for refineries that were continuously exempt, but only if they can prove disproportionate economic hardship will be caused solely by RFS compliance,” said Geoff Cooper, RFA President and CEO. “We strongly agreed with Justices Barrett, Kagan, and Sotomayor that ‘EPA cannot ‘extend’ an exemption that a refinery no longer has,’ but unfortunately their six colleagues didn’t see it that way. Thus, we applaud Reps. Feenstra and Craig for introducing this bill that would erase any lingering doubts about the intended meaning of ‘extension’ and clarify once and for all that exemptions were meant to be temporary.”   



Global Sales of U.S. Ethanol Lose Momentum in May while U.S. DDGS Exports Post Big Gains
Ann Lewis, Senior Analyst, Renewable Fuels Association
    
American exports of ethanol fell 38% in May to 70.4 million gallons (mg), the lowest volume in a year. Nearly 80% of all U.S. ethanol exports were shipped to just four countries, with Brazil again markedly absent from the list. Canada imported 27.3 mg, just 2% lower than April, representing 39% of all exported U.S. gallons. China increased its purchases by 7% to 12.6 mg and Nigeria imported 6.4 mg, up from zero in April. Exports to South Korea eased 61% to 9.0 mg following a larger purchase in April. Other substantial markets included India (4.2 mg, down 74% with an absence of undenatured ethanol imports for the first time in eleven months), Saudi Arabia (3.3 mg, up 30% to the largest monthly volume in nearly three years), and Mexico (3.2 mg, down 5%). Year-to-date U.S. ethanol exports totaled 582.4 mg, or 11% less than last year at this time.
 
For the fifth consecutive month, the U.S. did not log any meaningful imports of foreign ethanol. This marks the smallest year-to-date imports since 2013.
 
U.S. exports of dried distillers grains (DDGS)—the animal feed co-product generated by dry-mill ethanol plants—leapt 21% in May to top 1,000,000 metric tons (mt) for the first time in eight months. Mexico boosted its imports by 61% to mark its eighth consecutive month as our top customer. Shipments of 255,394 mt represented a quarter of all U.S. DDGS exports in May and were more than twice Mexico’s imports at this time a year ago. Exports to Vietnam increased 7% to 107,460 mt, and shipments to South Korea rose 6% to 101,679 mt. However, exports were lower to Turkey (78,897 mt, down 11%) and Indonesia (65,091 mt, down 10%). Other larger trade partners included Japan (53,663 mt, up 83%), Colombia (tripled to 53,229 mt), Thailand (doubled to 52,409 mt), Morocco (39,261 mt, up 69%), and Canada (38,216 mt, up 2%). Total DDGS exports for the first five months of 2021 totaled 4.49 million mt, or 9% ahead of last year.



USDA Dairy Products May 2021 Production Highlights

Total cheese output (excluding cottage cheese) was 1.16 billion pounds, 5.0 percent above May 2020 and 1.8 percent above April 2021. Italian type cheese production totaled 481 million pounds, 0.2 percent below May 2020 and 0.1 percent below April 2021. American type cheese production totaled 73 million pounds, 7.2 percent above May 2020 and 0.1 percent above April 2021. Butter production was 185 million pounds, 7.6 percent above May 2020 and 0.9 percent above April 2021.

Dry milk products (comparisons in percentage with May 2020)
Nonfat dry milk, human - 205 million pounds, up 30.6 percent.
Skim milk powder - 35.7 million pounds, down 37.0 percent.

Whey products (comparisons in percentage with May 2020)
Dry whey, total - 77.7 million pounds, down 7.6 percent.
Lactose, human and animal - 94.6 million pounds, up 4.0 percent.
Whey protein concentrate, total - 42.3 million pounds, up 8.2 percent.

Frozen products (comparisons in percentage with May 2020)
Ice cream, regular (hard) - 61.2 million gallons, down 5.2 percent.
Ice cream, lowfat (total) - 44.9 million gallons, down 0.5 percent.
Sherbet (hard) - 2.34 million gallons, up 0.3 percent.
Frozen yogurt (total) - 2.27 million gallons, down 13.5 percent.



Smithfield Foods to Pay $83 Million to Settle Price-Fixing Claims

Smithfield Foods Inc. said on Wednesday it will pay $83 million to settle litigation that accused several companies of conspiring to limit supply in the $20 billion-a-year U.S. pork market to inflate prices and their own profits.

The settlement with Smithfield resolves antitrust claims by "direct" purchasers such as Maplevale Farms that accused the nation's largest pork companies of having fixed prices beginning in 2009.

Smithfield's settlement requires approval by Chief Judge John Tunheim of the U.S. District Court in Minneapolis.

Keira Lombardo, Smithfield's chief administrative officer, said the settlement eliminates a "substantial portion" of the Smithfield, Virginia-based company's exposure in the litigation.

She also said Smithfield denied liability in agreeing to settle, and believed its conduct was always lawful.

Smithfield's parent WH Group Ltd says it is the world's largest pork producer.

Clifford Pearson, a lawyer for the direct purchasers, declined to comment.

Hormel Foods Corp, the JBS USA unit of Brazil's JBS SA, Tyson Foods Inc. and data provider Agri Stats Inc are among the other defendants in the litigation.

Smithfield and those companies are also defendants in related price-fixing litigation in Minneapolis by commercial and other "indirect" pork purchasers, such as restaurants and delis.

The litigation is similar to litigation in federal court in Chicago where purchasers accused companies such as Tyson, Perdue Farms Inc and JBS' majority-owned Pilgrim's Pride Corp of conspiring to fix broiler chicken prices.