USDA tries an end-run around law to enable a climate agenda

People send me stuff. Here’s an email worth reading. Comment deadline is today. – Anthony

The USDA, as expected, will likely try and use Section 5 of the Commodity Credit Corporation Charter Act to push the administration’s climate change agenda.  This would allow the administration to potentially spend billions of dollars to push its agenda without getting Congressional approval:

Today is the last day (you have until 11:59pm Eastern tonight) to submit comments to the CCC’s request for information regarding its Climate-Smart Agriculture and Forestry Partnership Program.

My comment is attached.

If possible, please try and submit comments arguing that the USDA does not have the statutory authority for its Climate-Smart Agriculture and Forestry Partnership Program.

It can be really short; submitting even a paragraph would be useful.

Suggested points in a brief comment

– Section 5 of the Charter Act expressly says that any environmental program must be authorized.  This program has not been authorized.
– Trying to use 5(e) ignores the plain language of 5(g) dealing specifically with environmental programs.
– The program can’t be created just because it would allegedly be marketing “climate-friendly” commodities when it is obviously an environmental program focused on environmental issues, with this alleged marketing benefit being an obvious pretext to get around the statute.
– By the CCC’s logic, the USDA could always create unauthorized environmental programs inconsistent with the plain language of the statute if the USDA can claim some benefit to the marketing of commodities.  This would render the environmental provision superfluous.
– The CCC is trying to do an end-run around Congress and the plain language of the Charter Act.

Submit a comment here:

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November 1, 2021 12:03 pm

News item: Food banks suffer as food prices rise. Someone get word to the climate driven agenda of the USDA.

John Bell
Reply to  ResourceGuy
November 1, 2021 12:42 pm

To the leftists that will just be some unfortunate, but necessary, collateral damage. they are the party of the ultra rich now, and to save the world they must first destroy it.

Reply to  John Bell
November 1, 2021 5:38 pm

Who says it is unfortunate? I believe these people are so twisted that they would gladly kill 1 million people for 1 inch more power. I am not joking.

4 Eyes
Reply to  John Bell
November 1, 2021 5:48 pm

“…and to save own the world they must first destroy it.” Fixed

Reply to  John Bell
November 1, 2021 7:46 pm

I offer no opinion or insight but I know a number of far left Democrats who seem to fervently believe that all the very rich who influence anything going on (anything going wrong?) in this country are Republicans.

Reply to  AndyHce
November 2, 2021 9:22 am

Evidence that there is no shortage of uninformed, misinformed or poorly informed people.

Reply to  ResourceGuy
November 1, 2021 12:59 pm

That’s considered a feature, not a bug. The Elitists are convinced that in order to save the world they must reduce its (human) population. This rule-making would do exactly what they want it to do.

Jeffery P
Reply to  ResourceGuy
November 2, 2021 10:01 am

Spoiler alert: They don’t care.

November 1, 2021 12:05 pm

Note to Climate-Smart Agriculture and Forestry Partnership Program:
Agriculture and Forestry need MORE CO2 not less.

November 1, 2021 12:21 pm

The entire permanent bureaucracy was designed to give the illusion of popular consent (e.g. public hearings, etc.) while still guaranteeing that the people can’t get in the way of DC masterminds. Most of the bureaucracies are outside the Constitution’s enumerated powers and have been for decades.

Reply to  Dave-E
November 1, 2021 1:02 pm

Like ever since the Civil Service Act of 1883. That’s what enabled the permanent bureaucracy.

Last edited 11 months ago by Red94ViperRT10
Sam Capricci
November 1, 2021 12:26 pm

I put a lot of the blame of this at the feet of the supreme court. When they agreed that CO2 was a pollutant, it open the door for abuse by every federal agency out there. And federal agencies have become the fourth branch of government that is unelected and accountable to nobody.

Dave Yaussy
Reply to  Sam Capricci
November 1, 2021 1:03 pm

That isn’t exactly what happened. The Bush Administration didn’t have the courage of its convictions, and half-heartedly agreed that serious effects from global warming, caused by GHGs, were occurring. From the syllabus of Massachusetts v. EPA (italics mine):

(b) The harms associated with climate change are serious and well recognized. The Government’s own objective assessment of the relevant science and a strong consensus among qualified experts indicate that global warming threatens, inter alia, a precipitate rise in sea levels, severe and irreversible changes to natural ecosystems, a significant reduction in winter snowpack with direct and important economic consequences, and increases in the spread of disease and the ferocity of weather events. That these changes are widely shared does not minimize Massachusetts’ interest in the outcome of this litigation. See Federal Election Comm’n v. Akins, 524 U.S. 11, 24, 118 S.Ct. 1777, 141 L.Ed.2d 10. According to petitioners’ uncontested affidavits, global sea levels rose between 10 and 20 centimeters over the 20th century as a result of global warming and have already begun to swallow Massachusetts’ coastal land. Remediation costs alone, moreover, could reach hundreds of millions of dollars. Pp. 1454-1456.

Once the Bush EPA refused to defend on scientific grounds, the Supreme Court had little option other than to allow regulation of CO2 under the Clean Air Act, as stupid as that was.

Rory Forbes
Reply to  Dave Yaussy
November 1, 2021 3:00 pm

The devil is always in the details. It’s the main reason Marxists are so intent on destroying the language, silencing people who don’t toe the line and use language based bullying tactics like calling people homophobic, transphobic or deniers who don’t buy into unscientific nonsense.

If you can get people to regard the molecule of life, CO2, as a pollutant … the rest will follow.

Joseph Zorzin
Reply to  Dave Yaussy
November 1, 2021 3:21 pm

….global sea levels rose between 10 and 20 centimeters over the 20th century as a result of global warming and have already begun to swallow Massachusetts’ coastal land….

As a citizen of MA for 72 years- I say that statement is nuts. And I’d also say that MA is by far, the most corrupt state in America.

Reply to  Joseph Zorzin
November 1, 2021 11:36 pm

Illinois might give MA a run for its money on that whole corruption thing.

Carbon Bigfoot
Reply to  Dave Yaussy
November 2, 2021 7:49 pm

Condoleezza Rice convinced that wusey Bush that CAGW was a problem. Dumb shit Bush who was an alleged oil man and should have known better listened to Rice who had no scientific training over a 4mm SLR rise in Mass v. EPA.

Tom Halla
November 1, 2021 12:34 pm

The Green New Deal is a fascist socialism designed by retarded schoolchildren.
I suppose having it imposed by bureaucrats unaccountable to anyone makes it even worse. Pournelle’s Law rules in any bureaucratic organization, and it shows in this case. Mastering the internal politics of the organization comes before actually doing what the group is purportedly supposed to do.

Michael in Dublin
Reply to  Tom Halla
November 1, 2021 1:00 pm

Tom, imagine what these obnoxious teens are going to be like when they grow up – a real life horror show.

Thomas Gasloli
November 1, 2021 12:38 pm

What that can’t get by legislation they try to get by regulation; what the can’t get by regulation the try to get be court decree or “sue & settle”.

The US federal government needs to hacked back down to what it was pre-FDR.

Reply to  Thomas Gasloli
November 1, 2021 1:12 pm

How about pre-Civil Servie Act and Sherman Antitrust Act (About 1/10 of the Anti-Trust Act is actually useful, those parts attempting to assure and enable competition, but is that really why it is employed anymore?).

November 1, 2021 12:47 pm

How about including a link to the Charter Act? I did a quick search, and only came up with the FFSCC Carter Act of 2011. I don’t think that’s it. If I send in a comment, I’d like to know what I’m talking about.

Reply to  littlepeaks
November 1, 2021 1:21 pm

Never mind. Commodity Credit Corporation Charter Act. Got it, Sorry.

Michael in Dublin
November 1, 2021 12:51 pm

It appears that President Biden is going to do far more damage to the country in four years or less than President Obama in eight years. Sadly this is because naïve people tend to foolishly choose the worst of leaders. Over fifty years ago I learnt an important lesson – not to trust politicians – and have seen nothing since to make me change my mind.

Reply to  Michael in Dublin
November 1, 2021 2:25 pm

Demrats are already talking about replacing Corn Pop Joey next time. Demrats gave us their very best guy,….looks like they will offer 2nd best next time.

Reply to  Anti-griff
November 2, 2021 10:01 am

To be fair, he DID say he would be a one-term president.

Tom Abbott
November 1, 2021 12:52 pm

The Biden administration and the Radical Democrats have no regard for the U.S. Constitution. It just gets in their way.

November 1, 2021 1:03 pm

Thanks for the heads up, suggestions, and link. I replied and forwarded to friends.

November 1, 2021 1:59 pm

There’s no respect for democracy – except of course when they can win

But they know the public have greater concerns than appeasing Gaia

That’s where the weasels come in…

Mike Dubrasich
November 1, 2021 2:43 pm

Done and done. Thank you, Anthony, for the heads up.

In addition to the above suggested comments please note that the Commodity Credit Corporation Charter Act seeks to “expand the use of climate-smart farming practices” (whatever those are). This Federal action will therefore and by their own admission “significantly affect the quality of the human environment”.

Hence the USDA must by law comply with the National Environmental Policy Act (NEPA) including Sec. 102 [42 USC § 4332] which requires “a detailed statement by the responsible official on the environmental impact of the proposed action”, aka an EIS. No such statement has been made nor been opened to public review or objection via the NEPA process.

Illegal actions by the USDA are not acceptable regardless of political expediency.

Commenters might want to add that language to their input.

Mike Dubrasich
Reply to  Mike Dubrasich
November 1, 2021 2:48 pm

I meant the Climate-Smart Agriculture and Forestry Partnership Program seeks to… etc.

Gary Pearse
November 1, 2021 2:45 pm

“Not a shot is fired” a how-to book written by a Czech communist, Jan Kozak, 70 years ago explains, how to change a parliamentary democracy to a communist government using the laws and regulations of the country.

When I first heard about it paperback copies were available on Amazon at about a dollar. Price has risen possibly because of woke demand. Clearly Academia and lefty lawmakers know about it. Maybe conservatives should read it. They’ll have a blueprint of what the left will be up to.

That this subversion can be done to a democracy so easily, tells us we need to pass boilerplate legislation. To secure limits and interpretations to the laws.

Rory Forbes
Reply to  Gary Pearse
November 1, 2021 3:09 pm

“KGB DEFECTOR YURI BEZMENOV’S WARNING TO AMERICA: 29 YEARS AGO, Soviet defector and KGB operative Yuri Bezmenov, specializing in the fields of Marxist-Leninist propaganda and ideological subversion; warned us about the silent war being waged against America as part of a long term plan to take over and destroy the American system and way of life.”

“Watch this clip in AMAZEMENT as you realize he is describing EXACTLY what’s happening in America today, where by Obama and his gang of Marxist usurpers who now have control of your government are just the culmination of a very long term plan, but are the ones who are about to bring it into fruition.”

Peta of Newark
Reply to  Rory Forbes
November 2, 2021 3:57 am

And what Yuri here is describing is what I raved about just very recently on the subject of Cronies..
…about how they operate an Open Conspiracy, in the case of Cronies conspiring against a Monopoly Buyer, and how they can and do jack up costs/prices/timescales seemingly without end. Although a factor of 10 (ten) usually is the limit in my experience.

In turn, is precisely what Eisenhower warned about in his ’61 farewell address and what Huxley alluded in his TV interview the previous year.
Huxley foresaw that ‘a drug’ combined with ‘propaganda’ could have a devastating effect on societies and economies.
He didn’t hold much prospect tho because although he was well aware of how propaganda worked as well as it did, he didn’t ‘see’ the ‘drug’

But Ancel Keys supplied the drug by demonising fat and replacing it in our diets with sugar.
This added to alcohol, to which most of the population are addicted (No, you can not handle it) – alcohol is simply extra-potent sugar.
Then we have Trash TV, Computer Games as yet more ‘drug’
Then as if that weren’t bad enough, Cannabis is now legal

It really is Monty Python this time – the vast population has been so brainwashed that they actually really do believe ‘Things have never been better’

Now see what they’re doing?
Getting to The Farmers so that they then supply ONLY the drug. viz: sugar

Because and as we are constantly told, the keeping and eating of cows, sheep and pigs is not ‘Climate Smart’

Its a struggle to see it – simply because it is sooooooooooooooo, so very big
As Bezemenov says.

And The Good Men are where?
We all know where = asleep inside a Power Nap on their big black-leather swivel chairs – lulled into that slumber by the now mandatory desktop computer screen- filled with images of Dancing Angels
yeah right, plenty other sorts of angels too

Rory Forbes
Reply to  Peta of Newark
November 2, 2021 10:21 am

I’m with you regarding Ancel Keys and the over use of sugar (including alcohol). However, I believe “the drug” could be allegorical and manifold. Instant gratification can also be a drug … as can social media. The attack on our culture is multi sided … and much that we’ve done to ourselves through the critical mass of overwhelming luxury and super efficiency. In other words we’ve “thought” ourselves out of having useful work and often left nothing to fill the void of idleness.

Reply to  Gary Pearse
November 1, 2021 3:35 pm

Rules For Radicals by Alinsky. Nikita Khrushchev told Nixon your children will grow up under communism and not a shot will be fired. Demrat party is the communist party

Robert Alfred Taylor
Reply to  Gary Pearse
November 1, 2021 4:17 pm

Price shock: $37.69 to over $700 US; didn’t find download.

Reply to  Robert Alfred Taylor
November 2, 2021 10:11 am

Robert, try

Maybe Gary could confirm it?

Robert Alfred Taylor
Reply to  TonyG
November 2, 2021 2:18 pm


Reply to  Gary Pearse
November 1, 2021 8:09 pm

Remember the golden rule:

Create a government with powers limited by specific language to controlling dog ownership (or pick you own favorite topic). In time it can, and will, using only “government’s” interpretation of the original language, develop complete authoritarian control over every aspect of life that can possibly benefit someone in power or empower any concept popular with those who wish to control all the rabble.

He who owns the gold makes the rules.

Recall Georg’s Washington’s farewell address or the admonition given to the Israelites who cried out for a king to rule over them.

Reply to  Gary Pearse
November 2, 2021 10:05 am

Thanks for the reference, Gary.
$3 on kindle, but if you want a physical book looks like it’s $50. With some going for $800+

Going to have to dig up a copy somewhere.

willem post
November 2, 2021 7:17 am

“USDA tries an end-run around law to enable a climate agenda”
That is the same crap the Washington Dem/Prog cabal is trying to pull regarding the $1.75 TRILLION reconciliation sham, by using smoke and mirrors, and subterfuge, and obfuscation.

The cabal refuses to supply a final text of the bill to US HOUSE AND SENATE Members, but wants them to vote for the bill anyway; “you will find out later”.
Of course, by then it will be too late.

The US people have a Constitutional right to hold Legislators accountable.

Legislators, such as the Dem/Prog cabal of Pelosi, Schumer, Sanders, at al., are hell-bent to foist a $1.75 TRILLION SOCIALIST-STYLE SHAM onto the US People, regardless of what it does to:

2) The already outrageously high US NATIONAL DEBT, and
3) The already outrageously high GOVERNMENT DEFICITS
4) The already outrageously high US TRADE DEFICITS

BTW, that sham would greatly increase Dem/Prog CENTRALIZED COMMAND/CONTROL of the federal government and, by extension, the SOVEREIGN US PEOPLE, because all of the SHAM bill government programs would be set up and run by career Dem/Progs. 

Remember, the SOVEREIGN states created the federal government, not the other way around.

The cost of the SHAM bill would be MORE THAN TWO TIMES the $1.75 TRILLION, if all its provisions would be financed the full ten years, says Senator Manchin.

Manchin has been consistent for MONTHS, saying the $1.75 TRILLION had to be fully paid for with revenues from NEW taxes, and savings from other government programs.

However, the Wharton School of Business, the best business school in the US, claims the tax revenues and savings assumed by the SHAM bill writers are $400 BILLION short of the $1.75 TRILLION COST.

Such chicanery by LEGISLATORS is intolerable, and should be impeachable, as determined by the STILL-FREE, UNCOWED, SOVEREIGN US PEOPLE.

Senator Manchin calls the $1.75 TRILLION SHAM a “shell game” and “smoke and mirrors”.

Legislators should be held to ACCOUNT, and not be allowed to hide behind MASKS, PR releases, scare-mongering, and SMOKE AND MIRRORS.

BTW, that also applies to the unconstitutional, Vermont GWSA scam, perpetrated by Dem/Progs, using “Fighting Global Warming” as its foil, to benefit the politically-well-connected, heavily subsidized, Vermont renewable energy sector, and, by extension, financially screw all other Vermonters FORE DECADES. 

The GWSA charade would have NO, ZERO, NADA EFFECT on the climate
The GWSA charade is merely “feel-good” and political payoff.


Watch the Manchin video regarding the SHAM, aka RECONCILIATION BILL.

Manchin states, the cost will be almost DOUBLE the $1.75 TRILLION.


Efforts to pressure Manchin to support the massive SOCIALISTIC safety net expansion, aka, the SHAM, prompted him to make his two dramatic declarations: 

1) Don’t rush the package
2) Don’t link it to the separate, BI-PARTISAN infrastructure bill.

Why it matters: 

Manchin’s surprise press statement Monday, Nov. 1, 2021, didn’t just disrupt the glide path to a vote envisioned by House leaders; it created a PR nightmare for the White House. 

He said the $1.75 trillion package was financed by “shell games” 
Manchin believes it will cost closer to $3.9 TRILLION, if all its provisions would be financed the full ten years.
That estimate comes from the Penn Wharton Budget model, which has been helping Manchin sort through how much each program costs. It includes easily digestible tables, showing the costs per year and over the usual 10-year window.

The same experts estimated last week that the revenue increases Biden proposes to finance the spending — which the White House put at $1.9 TRILLION — may only generate closer to $1.5 TRILLIION.

Manchin has been consulting with Penn Wharton experts throughout the process and trusts the model.

By the numbers: 

The Dem/Prog cabal puts the cost of day-care subsidies and universal-pre-school subsidies at $400 billion 
Penn Wharton estimates it at $700 billion over 10 years.

The Dem/Prog cabal wants to spend $200 billion to extend the existing child tax credit for one year, but at the ENHANCED $3,600-per-year level, and “make it fully refundable for its duration”; (what the hell does that mean?). 
Penn Wharton calculates the total cost, over 10 years, at $1.8 trillion.

The Dem/Prog cabal has been playing games by using different program durations, which would make the total spending number much smaller than in reality, and thus more “digestible” for wavering Dem/Progs, who are merely looking for good CYA to get re-elected.

BTW, After MAGA Virginians vote, en masse, have a Republican for Governor, on November 2, 2021, no amount of CYA will ever be enough to save the tail-ends of wavering Dem/Progs.

Between the lines: 

Manchin said he will continue to negotiate over substantive concerns — from climate provisions to total costs.

“I’m open to supporting a final bill that helps move our country forward,” he said Monday. “But I’m equally open to voting against a bill that hurts our country.”

The big picture

Manchin and Sen. Kyrsten Sinema (D-Ariz.) have been at the center of talks for passing the two massive bills, because they’ve challenged the Dem/Prog cabal over their cost and scope.

Senate and House progressives have targeted the two senators with slime-ball shenanigans. 

(Sanders writing a scathing OPED in West Virginia newspapers, and Dem/Prog a..holes entering a ladies bathroom to harass Kyrsten)

House CAUCUS of Progressives threatened/blackmailed the US SENATE, by saying they wouldn’t vote to pass the $1.2 TRILLION BI-PARTISAN infrastructure bill, unless the US SENATE pass the SHAM bill.

The Dem/Prog cabal pressed Manchin over the weekend to publicly declare his support for the SHAM bill, hoping that would convince progressives to vote for the infrastructure bill.

That approach backfired — spectacularly — in the Senate briefing room on Monday.

“Holding this bill hostage is not going to work in getting my support,” Manchin told reporters.

The senator said he was concerned he couldn’t accurately determine the SCOPE AND COST of the SHAM bill, without FINAL legislative language. 

BTW, Sanders is likely wishing he had not written that OPED.

Manchin said, “As more of the real details of the basic framework for the SHAM bill are released, what I see are shell games — budget gimmicks, that make the real cost of the so-called $1.75 trillion bill estimated to be almost twice that amount … if you extended it permanently,”, i.e., extend all provisions for the full ten years.

BTW, Simena has similar concerns about how much each program would cost over 10 years.
She is carrying her own spreadsheets to keep track of the price tag.

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