This month, the Department of the Interior’s U.S. Fish and Wildlife Service announced four proposed rules to restore Endangered Species Act regulations to their proven 2019 and 2020 framework. The proposals, two of which were issued in coordination with the Department of Commerce’s National Oceanic and Atmospheric Administration’s National Marine Fisheries Service, would revise regulations finalized in 2024 that expanded federal reach, created unnecessary complexity and departed from the statute’s clear language. These actions implement Executive Orders under President Trump, which direct agencies to remove regulatory barriers that hinder responsible resource development and economic growth while maintaining core conservation commitments. “This administration is restoring the Endangered Species Act to its original intent, protecting species through clear, consistent and lawful standards that also respect the livelihoods of Americans who depend on our land and resources,” said Secretary of the Interior Doug Burgum. The four proposed rules are:

• Listing and critical habitat (50 CFR part 424): 
  The services jointly propose to restore the 2019 regulatory text governing listing, delisting and critical habitat determinations. The proposal ensures decisions are based on the best scientific and commercial data available while allowing transparent consideration of economic impacts. It reestablishes the longstanding two-step process for designating unoccupied habitat, restores clarity to the definition of “foreseeable future” and reinstates flexibility to determine when designating critical habitat is not prudent.

• Interagency cooperation (50 CFR part 402): 
  The services jointly propose to return to the 2019 consultation framework by reinstating definitions of “effects of the action” and “environmental baseline,” removing the 2024 “offset” provisions and restoring section 7 procedures consistent with the statutory text. These changes respond directly to the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which overturned the Chevron deference standard and reaffirmed that agencies must adhere strictly to the law as written.

• Threatened species protections (50 CFR part 17; section 4(d)):  
  The Fish and Wildlife Service proposes to eliminate the “blanket rule” option and require species-specific 4(d) rules tailored to each threatened species. This approach reflects the single best reading of the statute under Loper Bright and ensures that protections are necessary and advisable to conserve each species without imposing unnecessary restrictions on others. It also aligns service policy with the National Marine Fisheries Service’s longstanding species-specific approach.

• Critical habitat exclusions (50 CFR part 17; section 4(b)(2)): 
  The Fish and Wildlife Service proposes to reinstate its 2020 rule clarifying how economic, national security and other relevant impacts are weighed when determining whether to exclude areas from critical habitat. The revised framework provides transparency and predictability for landowners and project proponents while maintaining the service’s authority to ensure that exclusions will not result in species extinction.

“These actions reaffirm our commitment to science-based conservation that works hand in hand with America’s energy, agricultural and infrastructure priorities,” said Fish and Wildlife Service Director Brian Nesvik. “By restoring clarity and predictability, we are giving the regulated community confidence while keeping our focus on recovery outcomes, not paperwork.”

This week U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin, together with Assistant Secretary of the Army for Civil Works Adam Telle, announced a proposed rule that would establish a clear, durable, common-sense definition of “waters of the United States” (WOTUS) under the Clean Water Act. The proposal follows the Supreme Court decision in Sackett. The agencies developed this proposed rule using input from multiple sources, including a pre-proposal recommendations docket, information from nine public listening sessions, and consultation comments from states, tribes, and local governments. Including comments submitted by the Association in 2022 seeking clarification and appropriate definitions to what is navigable. Key proposed revisions include:

• Defining key terms like “relatively permanent,” “continuous surface connection,” and “tributary” to appropriately delineate the scope of WOTUS consistent with the Clean Water Act and Supreme Court precedent.
• Establishing that jurisdictional tributaries must connect to traditional navigable waters either directly or through other features that provide predictable and consistent flow.
• Reaffirming that wetlands must be indistinguishable from jurisdictional waters through a continuous surface connection, which means that they must touch a jurisdictional water and hold surface water for a requisite duration year after year.
• Strengthening state and tribal decision-making authority by providing clear regulatory guidelines while recognizing their expertise in local land and water resources.
• Preserving and clarifying exclusions for certain ditches, prior converted cropland, and waste treatment systems; Adding a new exclusion for groundwater; and
• Incorporating locally familiar terminology, such as “wet season,” to help determine whether a water body qualifies as WOTUS.
• In addition, the limitation to wetlands that have surface water at least during the wet season and abut a jurisdictional water will further limit the scope of permafrost wetlands that are considered to have a continuous surface connection under the proposed rule. These proposed changes are intended to provide clarity and consistency to the continuous surface connection definition.

When finalized, the rule is intended to cut red tape and provide predictability, consistency, and clarity for permitting under the Clean Water Act. “In recent decades, the regulatory uncertainty caused by changing and complicated definitions of Waters of the United States unduly burdened the American people and undermined our nation’s economic competitiveness,” said Assistant Secretary Telle.  “Now, we are proposing a definition that follows the law as affirmed by the Supreme Court and will deliver the clear and durable regulatory certainty Americans deserve from the federal government.”  The definition of WOTUS influences Clean Water Act implementation, including whether farmers, landowners, and American businesses must secure permits before they can pursue projects that might impact surface water quality. The proposed rule will be published in the Federal Register and open for public comment for 45 days. EPA and the Army will host two hybrid public meetings.

The California Air Resources Board recently notified stakeholders of the upcoming phase out deadline for Tier 3 portable diesel engines on December 31^st, 2025. Please note, this update is for CARB registered equipment. The San Joaquin Valley Air Pollution Control District has a different set of requirements. The model year specifications for the CARB registered equipment are as follows:

• PERP Units owned by small fleets and built prior to 2009, rated at 50 bhp up to 750 bhp
• PERP Units owned by large fleets and built on or after 2009, rated between 50 bhp to 750 bhp

If this equipment was registered under CARB’s Portable Equipment Registration Program (PERP), or otherwise subject to CARB’s Portable Diesel Engine Airborne Toxic Control Measure, they will no longer be able to operate in California after the December 31^st deadline. 

There are phase out exemptions allowed in order to maintain use of the affected equipment. Exemptions are provided to facilities that can provide written documentation that:

• The equipment operates less than 200 hours per calendar year
• Is limited to emergency use only
• Or has been retrofit with level-3 verified emission control technology
   

The first two exemption provisions must be applied for between January 1^st – 31^st, and must include photos of the hour meter read on January 1, 2026. The third exemption option listed must be applied for prior to December 31^st of this year. Stay tuned for more updates.  

USDA announced it will continue to support farmers and will release billions in disaster assistance for those recovering from natural disasters across the country.  “The continued financial success of our farming and ranching operations is a national security priority,” said Secretary Brooke Rollins. “USDA is doing whatever it takes to make good on President Trump’s promise to expedite disaster recovery assistance to U.S. farmers and ranchers, ensuring viability, prosperity, and longevity for these men and women who dedicate their entire lives to our nation’s food, fiber and fuel production. The majority of payments from the first stage are already in the hands of producers helping them prepare for and invest in the next crop year.”  USDA’s Farm Service Agency (FSA) is delivering more than $16 billion in total Congressionally approved SDRP assistance.  This is on top of over $9.3 billion in Emergency Commodity Assistance Program (ECAP) assistance to over 560,000 row crop farmers and over $705 million in Emergency Livestock Relief Program (ELRP) assistance to over 220,000 ranchers. Stage Two of SDRP covers eligible crop, tree, bush and vine losses that were not covered under Stage One program provisions, including non-indemnified (shallow loss), uncovered and quality losses. For Stage Two program details, including fact sheets, please visit fsa.usda.gov/sdrp or your local FSA office.

The first stage, announced in July, remains available to producers who received an indemnity under crop insurance or the Noninsured Crop Disaster Assistance Program (NAP) for eligible crop losses due to qualifying 2023 and 2024 natural disaster events. FSA county offices will begin accepting SDRP Stage Two applications on November 24, 2025. Producers have until April 30, 2026, to apply for both Stage One and Stage Two assistance.

Cotton & Coffee is on Tuesday, November 18,
at 7:30 a.m. Central.

We hope you’ll log in with us for a look into Cotton Incorporated’s research and efforts to support cotton as a solution to plastic pollution and the National Cotton Council’s Plant Not Plastic campaign. Cotton Incorporated’s Dr. Jesse Daystar and the National Cotton Council’s Marjory Walker will be presenting.

See you on Zoom!

Meeting ID: 881 0056 9393

Passcode: Cotton1

The Association and twelve other agricultural organizations submitted comments to the California Department of Pesticide Regulation (CDPR) on proposed changes to the state’s anticoagulant rodenticide regulations this past week. The coalition outright opposed the requirement for a “Sustainable Rodent Management Plan” and the proposed time limitation of 35 consecutive days for the application of rodenticides and 105 total days in a calendar year for the application of a rodenticide. The coalition cited numerous state and federal laws, as well as food safety schemes like BRC and SQF, as conflicting with these limitations. The coalition also highlighted the unprecedented rodent population explosion currently occurring throughout the state as a reason to check the momentum on any proposed changes. The changes are being pushed by animal activist groups that believe anticoagulant rodenticides are poisoning wildlife as a result of secondary impacts. The coalition consisted of the California Cotton Ginners and Growers Association, Western Tree Nut Association, California Apple Commission, Nisei Famers League, African American Farmers of California, California Blueberry Commission, California Blueberry Association, Milk Producers Council, Fresno County Farm Bureau, Olive Oil Commission of California, California Wild Rice Advisory Board, Madera County Farm Bureau, and the Olive Growers Council of California. 

Back in 2022, California enacted SB 54: The Plastic Prevention and Packaging Producer Responsibility Act. The goal is to reduce single-use packaging and plastic food service ware. The law requires to producers to transition to recyclable or compostable materials by 2032 through a new extended producer responsibility framework. CalRecycle is currently developing regulations and within 30 days of completion, producers will have to register and report material usage for 2023 to a Producer Responsibility Organization (PRO). Circular Action Alliance has been approved to serve as the first PRO. 

To assist with this complex regulation CalRecycle has published some Producer Reporting Guidance Documents and Covered Material Categories Updates including an update to covered material categories (CMC) and two producer reporting guidance documents to support implementation of the regulation. These documents can be found here.

Update to Covered Materials Categories: This document provides an update of CMCs relative to the December 31, 2024, version, and does not include an update to determinations of recyclability or compostability, which will be updated by January 1, 2026.
Covered Material Category Producer Reporting Guidance: This document provides background and guidance for categorizing covered material into covered material categories.
Source Reduction Producer Reporting Guidance: This document provides guidance on how to estimate the amount of plastic covered material sold, offered for sale, or distributed in the state, including the number of plastic components and the weight of plastic covered material for both the source reduction baseline and source reduction reporting required.
 
The Association has developed a summary of the regulation and the Association’s legal counsel has developed a Reporting Requirements Summary. If any member need the summary of the regulation or the requirement summary, please contact our office at (559) 252-0684. We feel most cotton operations will be exempted in one way or another, we felt it was important to make sure everyone knows what the requirements are in case they don’t. Stay tuned for further details as they develop. 

Two members of the California State Assembly, Assemblymember Esmeralda Soria (Fresno) and Assemblymember Jose Solache (Los Angeles) toured a cotton harvest operation and a pistachio processing facility last Friday as part of an educational visit hosted by the California Cotton Ginners and Growers Association (CCGGA) and the Western Tree Nut Association (WTNA).
 
The tour kicked off at Ingleby Eriksson LLC in Fresno County, a fully integrated pistachio operation where Wyatt McKean, Conner McKean, and Doenitz Lopez guided the group through each step of the growing and processing process. With a focus on sustainability, technology, innovation, and strict quality standards, the Assemblymembers learned about the delicate balance between maintaining premium crop quality and managing the ongoing challenges and regulatory compliance that growers face in California.
 
President & CEO Roger Isom and Assistant Vice President Priscilla Rodriguez provided the Assemblymembers and their staff with firsthand insight into the complexity of the tree nut and cotton industries, highlighting the operational challenges and regulatory hurdles that farms and processing facilities must navigate.
 
Following the processing tour, the group visited a nearby cotton field to experience a live cotton harvest. For Assemblymember Solache, who represents an urban Los Angeles district with no direct agricultural base, the experience offered a deeper understanding of how agricultural farms operate. He had first-hand experience getting to ride along a cotton harvester and make his very first round module. Both legislators also had the opportunity to ride a tractor and participate in discing a field.
 
CCGGA and WTNA coordinated the tour as part of an ongoing effort to strengthen relationships with legislators and ensure they understand the critical role agriculture plays and also the challenges our growers face in adapting to new regulations, rising costs, and resource limitations.

AB 732 (Macedo) was signed by the Governor this past month. Initiated by County Ag Commissioners and co-sponsored by the Association, the bill authorizes county agricultural commissioners (CAC), in lieu of imposing a lien on a property that has been determined to be neglected or abandoned, to levy a civil penalty against a person who maintains a pest-related public nuisance in violation of current law. This bill authorizes county agricultural commissioners to impose civil penalties—up to $500 per acre, or $1,000 if no good faith effort to remedy the issue is made within 30 days of the original notice by the owner of the property. The industry has experienced a major uptick in rodent and pest pressures in fields and orchards near abandoned orchards and fields.  Association President/CEO Roger A. Isom stated “the implementation of the Sustainable Groundwater Management Act (SGMA), coupled with increased operating costs and continuing low commodity prices have taken a toll on the agricultural industry in the San Joaquin Valley, forcing some landowners to walk away from their orchards and vineyards. However, if those orchards and vineyards aren’t managed or have the trees or vines removed in a timely manner, they can harbor extremely damaging pests and rodents in turn impacting nearby orchards and vineyards. AB 732 is a necessary tool to help ag commissioners manage these lands and hold everyone accountable to maintain existing orchards and vineyards. We are grateful for Assemblywoman Macedo’s leadership and courage to carry the bill and applaud the Governor for signing this very important legislation.”

Last week, the Association’s Assistant Vice President of Technical Services – Chris McGlothlin spoke at the California Agricultural Commissioners and Sealers Association’s (CACASA) Fall Conference in Sacramento. As part of CACASA’s Food, Fiber, Plant and Resource Protection Committee, McGlothlin presented a current state of the commodity within the state. With threats of the Cotton Seed Bug being found throughout 7 southern California counties, as well as the rapid spread of the Cotton Jassid throughout the South East of the U.S., the time for more adequate pest monitoring and controls are desperately needed. CCGGA would like to thank CACASA for the opportunity to present at their Fall Conference.