Capital Update – For the Week Ending May 2, 2025

NPPC Asks Trump EPA to Revise Biden ‘WOTUS’ Rule

What happened: NPPC provided comments and testimony to the U.S. Environmental Protection Agency (EPA) as it seeks once again to revise the agency’s long controversial Waters of the United States (WOTUS) rule, to ensure consistency with the U.S. Supreme Court’s instruction on the scope of the Clean Water Act’s (CWA) jurisdiction. Additionally, NPPC also joined in comments by the Waters Advocacy Coalition, of which NPPC is a founding member.

In May 2023, the Supreme Court limited EPA’s authority over waterways, holding that under the CWA, WOTUS “refers only to geographical features that are described in ordinary parlance as streams, oceans, rivers and lakes and to adjacent wetlands that are indistinguishable from those bodies of water due to a continuous surface connection.”

Despite that decision, the Biden administration retained jurisdictional categories outside the Supreme Court’s definition and included preamble language and guidance memoranda, making the regulation overly broad.

The 2023 Biden WOTUS rule attempted to reverse the prior rule issued by the first Trump Administration and reinstate previous WOTUS definitions. Following the May 2023 Supreme Court decision in Sackett v. EPA, the Biden Administration issued a “conforming rule,” which deleted specific language to comply with some parts of the court’s opinion but allowed other concerning portions of the rule to remain. Specifically, while some farm ditches would be excluded, ditches and fields on other farms might be included.

NPPC’s take: In both its written comments and oral testimony to EPA, NPPC noted that pork producers have been concerned about EPA’s overreach in defining WOTUS, including past efforts by prior administrations to expand federal jurisdiction over private property to capture remote drainage features, ditches, and ephemeral waterways – and millions of acres of wet spots or farmed wetlands in fields.

“The time is now right for the [current EPA] to take action, listen to stakeholders, and develop a durable definition of WOTUS that will last for decades,” said NPPC.

Why it matters: The WOTUS rule spells out the limits of federal jurisdiction over waterways and wetlands under the CWA. For pork producers, an expansive definition of WOTUS that includes farm fields and ditches would lead to significant increases in regulatory and activist pressure and take away the freedom of farmers to farm.

USDA Withdraws Salmonella Proposal

What happened: The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has withdrawn a problematic “Salmonella Framework for Raw Poultry Products,” a proposal that could have been used as a template for a similar framework for pork products.

Under the proposal, FSIS would have classified certain Salmonella levels and serotypes in raw poultry products as adulterants, thereby prohibiting the products from entering the food supply.

In comments submitted in January, NPPC raised concerns about the scientific validity and the practicality of the proposal, noting that FSIS was proposing changes to its existing performance-standards approach to Salmonella despite acknowledging they are effective in reducing Salmonella contamination in poultry products.

NPPC’s take: “NPPC appreciates FSIS listening to our food safety concerns and withdrawing its proposed ‘Salmonella Framework for Raw Poultry Products,’ said NPPC’s Director of Food Policy Dr. Ashley Johnson. “This is an important step in recognizing the need for a more scientific approach to Salmonella testing, and NPPC will continue to work with FSIS to ensure thorough food safety testing.”

Why it matters: Consumer health and safety is at the forefront of the pork industry’s practices. Salmonella continues to be a high priority for the pork industry as it implements strategies and looks for improved ways to address the bacterium.

Hearing Held for USDA Trade and Foreign Agricultural Affairs Post

What happened: Luke Lindberg, President Trump’s nominee for the U.S. Department of Agriculture’s Under Secretary for Trade and Foreign Agricultural Affairs, had his confirmation hearing before the Senate Committee on Agriculture, Nutrition, and Forestry.

Lindberg currently is president and CEO of South Dakota Trade, which collaborates with local and regional agriculture groups to help the state’s producers and agricultural partners navigate the global trade landscape. He also serves on the board of directors of the National Association of District Export Councils and as an adviser with the U.S. Global Leadership Coalition. Lindberg was chief of staff and chief strategy officer at the U.S. Export-Import Bank during Trump’s first term in the White House.

NPPC’s take: NPPC supports the nomination of Lindberg to be USDA’s Under Secretary for Trade and Foreign Agricultural Affairs.

Why it matters: In addition to representing USDA in international organizations like CODEX, Lindberg will play an important role in administering the agency’s international food assistance programs and be responsible for coordinating commodity procurement among various departments within USDA, said Agriculture Committee Chairman John Boozman (R-AR).

Look Ahead: World Pork Expo Set for June 4-5

NPPC’s annual World Pork Expo will take place June 4-5 at the Iowa State Fairgrounds in Des Moines. More than 20,000 visitors are expected to attend the event, which showcases pork industry innovations and new products and offers training and educational programs.

For more information about and media registration for the world’s largest pork industry trade show and exhibition, click here.