https://wattsupwiththat.com/2021/11/01/usda-tries-an-end-run-around-law-to-enable-a-climate-agenda/
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.