July 4, 2015

North, South Dakota Join Lawsuit Against EPA

Both North and South Dakota, along with 10 other western states have wasted no time in filing a lawsuit over the Waters of the U.S. rule. Attorneys General Wayne Stenehjem and Marty Jackley, along with their counter parts in Alaska, Arkansas, Arizona, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico and Wyoming filed the suit against the Environmental Protection Agency and the Army Corp of Engineers yesterday afternoon.  The filing comes just hours after EPA officially published the controversial rule in the Federal Register, opening the door to legal action.

In a statement, South Dakota Attorney General Marty Jackley says EPA has overstepped its authority:

Jackley 1

Jackley, along with attorneys general in 30 other state had filed comments critical of the rule prior to implementation.  Six other states have formed a separate lawsuit against EPA, but for any variety of reasons will be filing in separate court systems.

Specifically, the lawsuit involving North and South Dakota asks the U.S. Federal Court in Bismarck to throw out the rule and prevent either the Environmental Protection Agency or the Army Corp of Engineers from enforcing it.  The states argue they have primary authority over land and water, not the federal government and the broader definition of “waters of the U.S.” contained in the rule only widens federal jurisdiction.  The lawsuit also says the definitions of “significant nexus” and “ordinary high water mark” are vague.

EPA and the Army Corp on the other hand, have long argued the Waters of the U.S. rule makes it easier, not harder, to understand which waters are under their control.  They say all existing exemptions defined under the Clean Water Act will remain in place.

Under the 60 day notice period, the Waters of the U.S. rule will go into effect on August 28th barring judicial or legislative intervention



Closing Markets on Report Day

Closing Markets 6-30-2015


Early July Weather Mixed For U.S. Crops

The month of June has brought more than its share of challenges to farmers across the Midwest with heavy rains delaying planting of soybeans and stressing corn that only six weeks ago was getting off to a positive start.  As we enter July, USDA Meteorologist Brad Rippey says the major crop stress will be concentrated into the Pacific Northwest:

Brad Rippey 1

For Midwestern Growers, the situation is a bit more complicated:

Brad Rippey 2

Grain analysts say the acreage report at the end of the month will set the direction for the month of July, but the weather through that month will be the determining factor for corn yields.