THIS WEEK IN
Federal Policy News
April 20, 2023
House Votes a Second Time to Overturn WOTUS Rule
This Tuesday, the House attempted to override President Biden’s veto of a Congressional Review Act (CRA) resolution which would have halted the Environmental Protection Agency’s final rule on Waters of the US (WOTUS). The 227-196 vote was 63 votes shy of the 290 (2/3rds) needed to pass, with only 10 Democrats joining their Republican counterparts. While not expected to pass, the vote still highlights the GOP’s intent to try and limit the potential negative impacts of the final rule, which at last check is continuing forward in 24 US states. We noted last week that Republican-led states had managed an injunction to halt the rule’s implementation, which has grown to 26 states where this is now the case. California is not included, as it would take support from the state’s Attorney General. CAFB will continue to update members as this develops—the Supreme Court is still expected to release a decision on Sackett v. EPA at any time, which could have major implications on the EPA’s rule.
USDA Extends Deadline for ECP Applications for Producers in 52 Counties
Late last week, the USDA’s Farm Service Agency (FSA) announced that they would be extending the deadline for the Emergency Conservation Program (ECP) for 52 California counties up through October 13th. ECP helps farmers and ranchers repair damage to farmlands caused by natural disasters and can authorize debris removal, fence restoration, aid in the restoration of conservation structures, and other means. This comes on the heels of the substantial oversaturation and flooding issues experienced by producers here in California. In released remarks, FSA’s State Executive Director Blong Xiong stated, “We understand the extent of the damage caused by these severe storms and the catastrophic and widespread impacts of these disasters on California’s agricultural communities…” The below release includes hyperlinks to additional information on ECP for those interested in applying. You can also find additional resources via the CDFA’s flood recovery resource page.
Battle Over Economy & Debt Ceiling Taking Shape
This week, House Speaker Kevin McCarthy unveiled a proposal to extend the debt limit by $1.5 trillion—but it would come with roughly $4.5 trillion in spending cuts. Referred to as the Limit, Save, Grow Act, the legislation would revert discretionary spending caps back to 2022 levels and cap overall spending growth at 1% annually. It would also end the administration’s ongoing college debt forgiveness policy, cut down on unspent COVID-19 disaster funds, and a number of other policies seen as Republican priorities.

The President, who delivered separate remarks on the economy the same day, at one point referred to Republican plans on the debt ceiling as “wacko notions.” President Biden has routinely stated he has no plans to negotiate on the debt ceiling, instead preferring a clean increase that is not tied to any other legislative efforts. However, with inflation and the economy being popular lines of attack from his GOP counterparts, it is difficult to envision a scenario where a clean hike can be passed.

McCarthy’s plan effectively has zero chances of being passed as-is in the Senate, but it does highlight their insistence on getting the President to move towards accepting some economic reforms. This political fight will only continue to heat up as we approach a default, something that is expected to happen as early as June (if no actions are taken). Another interesting development to watch will be whether the Speaker is able to get House Republicans to line up behind his proposal. With very little room for losing votes, he will have a tall task in trying to corral more fiscally conservative members from agreeing to any form of debt limit increase unless they are accompanied by significant spending cuts.
Upcoming Expiration of Title 42 Could Cause Significant Immigration Surge at the Border
Lawmakers in DC are bracing for a renewed battle over border security and immigration as Title 42, a Trump-era pandemic policy, is on track to expire by May 11th. The measure has effectively allowed for expedited deportations throughout the COVID-19 pandemic, with over two million estimated to have been deported via the policy. After many months of work to try and wind down Title 42, the administration has been able to set up a May 11th expiration date.

Republican leaders have been highly critical of the President’s intentions to end Title 42, arguing that its expiration will lead to an uncontrollable surge in illegal immigration. Several Democrats have also cautioned the President on ending the program abruptly without any other measures in place to help stem the flow of any expected surges in crossings. Those criticisms are unlikely to sway the administration though, meaning a renewed fight on border security could be taking shape. CAFB joined with our partners at the Alliance for a New Immigration Coalition (ANIC) in calling for a more serious conversation on immigration reform. Some Republican bills have begun to be circulated on the border; however, nothing seen as likely to pass with bipartisan support.
Reclamation Bolsters 2023 Central Valley
Project Allocations
This week, the U.S. Bureau of Reclamation increased 2023 Central Valley Project 2023 water supply allocations for irrigation water service and repayment contractors. Both north- and south-of-Delta contractor allocations were increased to 100% from 80%. All other CVP water supply allocations remain the same. View the current status of all CVP allocations here.
House Agriculture Committee Holds Hearing
with EPA Head
On Wednesday, the House Committee on Agriculture brought in the Environmental Protection Agency’s Administrator, Michael Regan, to give testimony on a range of topics. In his prepared remarks, the EPA’s head reiterated that the administration has been supportive of the agricultural industry and acknowledged that many producers play a significant role in their ongoing conservation and land management efforts. Republicans were skeptical of those remarks; however, as Chairman GT Thompson stated that many of the EPA’s efforts have been misguided and ambiguous, at best. Waters of the US (WOTUS) was a particular sticking point for many Republicans on the committee, arguing that the EPA’s proposed rule will be disastrous for the agricultural industry.

Amongst other issues were PFAS contamination, atrazine and other herbicide restrictions, and biofuel development. Ranking Member David Scott was slightly critical of the focus of the committee, suggesting that their work should be tied to agencies more directly under their jurisdiction; however, he did have interest in learning more about the progress the administration had made on biodiesel and other biofuel targets. The hearing largely avoided any significant fireworks, but WOTUS and the Clean Water Act were not doubt major areas of focus for much of the conversations.
Federal Policy Team
Matthew Viohl
Federal Policy, Director
Erin Huston
Federal Policy, Consultant