Increased Safeguards for Tenants in New York, Come as Other State Legislatures Consider Limiting Rent Increases

Last week, Wall Street Journal writers Will Parker and Jimmy Vielkind reported that, “In passing a sweeping overhaul of rent laws on Friday, New York state lawmakers gave a boost to a movement among state capitals to try to address rental-housing affordability.

“The New York legislation brings increased power to tenants in roughly one million rent-regulated apartments in New York City. It makes it more difficult for the owners of those apartments to increase rents, while enabling more tenants to sue landlords for rent overcharges. Also, tenants around the state will have more protections against eviction.

Proposals to limit rents are advancing in a number of state legislatures, including in California, where a statewide cap on rent passed the California Assembly in May, and in Oregon, which passed the nation’s first statewide rent control in February, limiting annual rent increases to 7% plus local inflation.”

The Journal article noted that, “The wave of policies isn’t an exclusively blue state phenomenon: The Republican-controlled Georgia state Legislature passed a bill in March protecting tenants who complain about poor building conditions from being evicted in retaliation.

Rent has become an important part of the conversation early in the contest for the Democratic presidential nomination. A handful of 2020 Democratic hopefuls have released rent-policy proposals. Most recently, Sen. Cory Booker (D., N.J.) this month floated a federal tax credit to help renters struggling with housing affordability.”

Last week’s article also pointed out that, “New York state Sen. Mike Gianaris, a Democrat from Queens who voted in favor of the bill, said the lack of affordable housing needed to be a part of a national conversation, pointing to San Francisco, Seattle and urban centers along the East Coast as proof of the lack of affordable housing.

Without any changes, he said, ‘We’ll be living in a world where the very wealthy are occupying the city centers and the people who have less means will be traveling hours back and forth just to get to work.'”

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Secretary Perdue Announces New Dairy Margin Coverage Signup Begins June 17

A news release on Friday from the USDA’s Farm Service Agency (FSA) stated that, “U.S. Secretary of Agriculture Sonny Perdue today announces that signup begins June 17 for the new Dairy Margin Coverage (DMC) program, the cornerstone program of the dairy safety net that helps dairy producers manage the volatility of milk and feed prices, operated by [FSA].

“The 2018 Farm Bill allowed USDA to construct the new DMC, which replaces the Margin Protection Program for Dairy (MPP-Dairy). This new program offers protection to dairy producers when the difference between the all-milk price and the average feed cost (the margin) falls below a certain dollar amount selected by the producer.

“‘In February I committed to opening signup of the new Dairy Margin Coverage program by June 17, I am proud to say that our FSA staff worked hard to meet that challenge as one of the Department’s top Farm Bill implementation priorities since President Trump signed it last December.’ said Secretary Perdue. ‘With an environment of low milk prices, high economic stress, and a new safety net program with higher coverage levels and lower premiums, it is the right time for dairy producers to seriously consider enrolling when signup opens. For many smaller dairies, the choice is probably a no-brainer as the retroactive coverage through January has already assured them that the 2019 payments will exceed the required premiums.'”

The FSA update added that, “Dairy producers also are reminded that 2018 Farm Bill provisions allow for dairy operation to participate in both FSA’s DMC program and the Risk Management Agency’s Livestock Gross Margin (LGM-Dairy) program. There are also no restrictions from participating in DMC in conjunction with any other RMA insurance products.

“On December 20, 2018, President Trump signed into law the 2018 Farm Bill, which provides support, certainty and stability to our nation’s farmers, ranchers and land stewards by enhancing farm support programs, improving crop insurance, maintaining disaster programs and promoting and supporting voluntary conservation. FSA is committed to implementing these changes as quickly and effectively as possible, and today’s updates are part of meeting that goal.

“For more information, visit farmers.gov DMC webpage or contact your local USDA service center. To locate your local FSA office, visit farmers.gov/service-locator.”

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Germany’s Infarm Escalates Fight for Supremacy in Indoor Farming

Wall Street Journal writer Marc Vartabedian reported earlier this week that, “Venture investors are firing another salvo in the increasingly competitive field of indoor farming, a growing market that has already drawn interest from powerhouse firms like SoftBank Vision Fund and GV.

Infarm, a Berlin-based startup, said Tuesday it raised $100 million in a Series B investment led by Atomico. As part of this investment round, Atomico Partner Hiro Tamura will join the company’s board.

“Existing investors of Infarm, legally known as Indoor Urban Farming GmbH, including Balderton Capital, Astanor Ventures, Cherry Ventures and TriplePoint Capital participated in the round.”

The Journal article stated that, “Vertical farming has fetched hundreds of millions in venture-capital dollars in recent years. Plenty Unlimited Inc., based in South San Francisco, Calif., has raised $260 million, according to PitchBook Data Inc., including a $200 million financing led by SoftBank Vision Fund in 2017. New York-based Bowery Farming Inc. has raised nearly $120 million, including a $90 million Series B led by GV in 2018, according to PitchBook.

Now with its latest funding round, Infarm has collected $135 million since it was formed in 2013 by Chief Executive Erez Galonska with his brother Guy Galonska and Osnat Michaeli.

“The 250-person company—with operations in Switzerland, Luxembourg, Germany and France—says it plans to expand its farming to the U.K. in September and the U.S. next year. Its herbs and leafy greens are sold through 25 European retail partners such as Edeka, Metro, Migros, Casino, Intermarche, according to Infarm.”

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Indigo Agriculture Initiative Will Pay Farmers to Store Carbon

Emiko Terazono and Leslie Hook reported yesterday at The Financial Times Online that, “Indigo Agriculture, a Boston-based agritech start-up, will start paying farmers to store carbon in soil, as it seeks to spur a novel market that could help address climate change.

“The new initiative is part of a growing field of climate-related agricultural practices — which have been supported by companies including General Mills and Cargill — that seek to reduce the amount of carbon dioxide in the air.

“Indigo, which has raised $650m from investors including Baillie Gifford and the Investment Corporation of Dubai, said the initiative was part of its efforts to encourage sustainable agricultural practices and address climate change.”

The FT article noted that, “Founded five years ago, Indigo sells crop microbials to replace chemical fertilisers and pesticides, and operates a digital marketplace for grains akin to an ‘Ebay for farmers,’ as well as a grain transport service.

“Indigo said it hoped to sign up more than 3,000 growers, covering more than 1m acres this year. They will be paid $15 for every tonne of carbon dioxide that is stored underground.

It plans to sell the carbon credits that can offset a company’s inherent emissions to the food and agriculture sector.”

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Trump Signs Directive to Ease Approval of New GMO Crops

Bloomberg writers Mike Dorning and Jennifer A Dlouhy reported yesterday that, “President Donald Trump signed an executive order Tuesday directing federal agencies to ease rules for approving genetically modified crops and other agricultural biotechnology.

“The order instructs the U.S. Agriculture Department, the Food and Drug Administration and the Environmental Protection Agency — all of which have jurisdiction over genetically engineered agricultural products — to review their biotechnology regulations to streamline approval processes, according to a White House fact sheet.

“Trump signed the order Tuesday during a stop at an ethanol plant in politically important Iowa. The order is intended to speed approval of new agricultural biotechnology, reduce developers’ costs and encourage more investment in GMO crops, the White House said in a fact sheet.”

The Bloomberg writers added that, “The Agriculture Department last week proposed a broad overhaul of biotech rules that would exempt from regulation genetically edited farm products with traits ‘similar in kind’ to modifications that could be produced through traditional breeding techniques.”

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U.S. Revising GMO Regulations

Last week, Reuters writer Tom Miles reported that, “The United States is planning to revise its regulations on importing, transporting and releasing genetically modified organisms, it told the World Trade Organization in a filing published on Friday.

“The proposal from the U.S. Animal and Plant Health Inspection Service (APHIS), the first comprehensive revision of the regulations since they were established in 1987, aims to reduce the regulatory burden to reflect advances in genetic engineering and better understanding of plant pest risks, it said.

“‘This…would provide a clear, predictable, and efficient regulatory pathway for innovators, facilitating the development of new and novel genetically engineered organisms that are unlikely to pose plant pest risks,’ it said.”

The Reuters article stated that, “The new rules would exempt plants that could otherwise have been developed through traditional techniques, since breeders are increasingly breeding GMOs that were indistinguishable from the original plant. One example being those that have been modified to introduce certain traits much more quickly than normal.

“APHIS said the proposed exemptions followed a statement in March 2018 by U.S. Secretary of Agriculture Sonny Perdue, in which he pledged to allow innovation where there was no risk present.

“APHIS said it was seeking comments until August 5 but said there was no specified date for the new rules to be adopted or come into force.”

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Refining Industry Association Sues Executive Branch Over E15

Reuters News reported today that, “The main U.S. refining industry association said on Monday it sued to block the Trump administration’s effort to expand sales of higher ethanol blends of gasoline, arguing the move exceeded the administration’s authority.

“The legal challenge from the American Fuel and Petrochemical Manufacturers (AFPM) association escalated a battle between the oil and corn industries over the nation’s biofuel policy, which requires refiners to blend biofuels like corn-based ethanol into their gasoline, often at great expense.

“President Donald Trump had directed the Environmental Protection Agency to lift a summertime ban on the sale of gasoline containing 15 percent ethanol, called E15, in an effort to help farmers suffering from the U.S. trade war with China. The EPA unveiled its rule doing so on May 31.”

The Reuters article noted that, “AFPM asked the U.S. Court of Appeals for the District of Columbia to review the EPA’s rule, in papers filed on Monday, said Diana Cronan, a spokeswoman for the group.

“AFPM has one month to provide the court with the outline of its case, she said.”

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EPA Administrator Hosts Interagency Endangered Species Act Working Group Meeting

A news release yesterday from the Environmental Protection Agency (EPA) stated that, “[Thursday, EPA] Administrator Andrew Wheeler is hosting U.S. Department of Agriculture (USDA) Secretary Sonny Perdue, Department of Commerce Secretary Wilbur L. Ross, Jr., Department of Interior Secretary David Bernhardt, and Council on Environmental Quality (CEQ) Chairman Mary B. Neumayr to discuss improving the Endangered Species Act (ESA) consultation process for pesticides.

“‘The Trump Administration is committed to carrying out the important responsibilities of the Endangered Species Act to protect and promote the recovery of species while recognizing that pesticides are a critical tool for protecting public health, supporting our farmers, and ensuring an abundant food supply,’ said EPA Administrator Andrew Wheeler. ‘The goal of our Working Group is a streamlined ESA consultation process that is protective of species, timely for pesticide registration review decisions, and transparent to the public.’

“[Thursday’s] meeting is part of a coordinated federal effort, which was initiated in 2017 by senior staff at CEQ and EPA, to improve the process for protecting endangered species when registering pesticides. In January 2018, EPA, the Department of Interior, and the Department of Commerce signed a Memorandum of Agreement (MOA) establishing an interagency working group tasked with providing recommendations to the agencies’ leadership on improving the ESA consultation process for pesticides. As part of this effort, in May 2019, EPA released for public comment proposed revised methods for evaluating pesticide risks to endangered species at the national level. EPA is seeking feedback from stakeholders on this issue and will hold a public meeting on Monday, June 10.”

Yesterday’s update indicated that, “The 2018 Farm Bill codified this interagency working group and MOA. Through the working group, the federal partners are continuing to review relevant laws and regulations, review current and past ESA processes, provide recommendations to improve scientific and policy approaches, develop agency/department specific strategies for streamlining the ESA process, and continuing to coordinate with stakeholders throughout the process.”

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Final EPA Rule Exempts Farms From Emissions Reporting

A news release this week from the National Pork Producers Council (NPPC) stated that, “The [NPPC] today applauded the U.S. Environmental Protection Agency (EPA) for finalizing its rule exempting livestock farmers from reporting to state and local authorities the routine emissions from their farms.

“‘Today’s rule is the final piece in the implementation of the FARM Act, which passed Congress with overwhelming bipartisan support last year and eliminated the need for livestock farmers to estimate and report to the federal government emissions from the natural breakdown of manure,’ said NPPC President David Herring, and a pork producer from Lillington, North Carolina. ‘That bipartisan measure was approved because it was unnecessary and impractical for farmers to waste time and resources alerting government agencies that there are livestock on farms.’

The Fair Agricultural Reporting Method, or FARM Act, fixed a problem created in April 2017 when a U.S. Court of Appeals rejected a 2008 EPA rule that exempted farmers from reporting routine farm emissions under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). Commonly known as the ‘Superfund Law,’ CERCLA is used primarily to clean hazardous waste sites but also includes a mandatory federal reporting component.”

The news update explained that, “The appeals court ruling would have forced tens of thousands of livestock farmers to ‘guesstimate’ and report the emissions from manure on their farms to the U.S. Coast Guard’s National Response Center and subjected them to citizen lawsuits from activist groups.”

“‘The pork industry wants regulations that are practical and effective but applying CERCLA and EPCRA to livestock farms is neither,’ Herring said. ‘Pork producers are very strong stewards of the environment and have taken many actions over the years to protect it.  We applaud President Trump for relieving America’s farmers from filing these unnecessary reports,’ he added.”

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Consolidation Reshaping the Agricultural Input Market

Jacob Bunge reported earlier this week at The Wall Street Journal Online that, “Corteva Agriscience Inc.’s first day as a stand-alone company is a milestone in an agricultural deal making spree that has left the farm sector more consolidated than ever.

“The seed-and-pesticide maker, formed from the 2017 merger of Dow Chemical Co. and DuPont Co., began trading on the New York Stock Exchange on Monday as an independent entity. Corteva’s shares fell 8% in their first day of trading to $24.81, while shares in competing seed and pesticide makers climbed, and major U.S. stock indexes were little changed.

“Corteva’s debut follows Bayer AG’s $63 billion purchase last year of Monsanto, the biggest seed company, and Syngenta AG’s $43 billion sale to China National Chemical Corp., commonly known as ChemChina, in 2017.”

Mr. Bunge noted that, “That consolidation has reshaped the roughly $100 billion global market in seeds, pesticides and biotech plant genes, as low crop prices and trade disputes pressure farmers’ incomes. Some farmers say they worry that fewer providers will lead to higher prices and less choice. Democratic presidential candidates, including Senators Elizabeth Warren and Bernie Sanders, have called for a moratorium on further agricultural mergers and for the breakup of the biggest companies.

Seed makers pursued mergers to combine research efforts and cut costs, as the agriculture industry trudged through a period of low crop prices brought on by big harvests and growing grain stockpiles. Farmers are consolidating too, seeking to reduce their own costs and drive better bargains for crop seeds, fertilizer and tractors. U.S. net farm income in 2018 was half the 2013 total, the U.S. Department of Agriculture estimated.”

The Journal article added that, “Corteva, Bayer and ChemChina together now represent about $50 billion worth of seed and pesticide sales annually. Bayer and Corteva combined make up about 60% of U.S. seed sales, according to data compiled by Sanford C. Bernstein. Fertilizer suppliers, including Nutrien Ltd. and Mosaic Co., have struck their own multibillion-dollar merger deals in recent years.

“Corteva plans to ramp up competition with Bayer this year in genetically engineered seeds. This spring Corteva began selling farmers new biotech soybean seeds, partly developed by Dow, that can survive a herbicide known as 2,4-D.”

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