Brian Dake

Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) Secretary Randy Romanski and Wisconsin Economic Development Corporation Secretary and CEO Missy Hughes announced yesterday the creation of the new Wisconsin Agricultural Export Advisory Council (WAXC). This council will help guide the initiatives created through the Wisconsin Initiative for Agricultural Exports (WIAE), a collaborative project between DATCP and WEDC to promote the export of Wisconsin’s agricultural and agribusiness products.

The council includes international trade experts from WEDC and DATCP, state legislators, and agriculture organizations and agribusinesses representing crop, dairy, and meat products. The council will meet at least twice per year, and the first council meeting will take place at 9 a.m. on May 4, 2022 at the WEDC headquarters, 201 West Washington Avenue, Madison, WI 53703. These meetings are open to the public, and are
expected to have virtual attendance options.

Wisconsin agricultural exports reached an all-time high of $3.96 billion in 2021. Through the WIAE, DATCP is working collaboratively with WEDC to build on that momentum by promoting Wisconsin agricultural products in the international marketplace.

The U.S. Department of Labor’s Occupational Safety and Health Administration is initiating an enforcement program that identifies employers who failed to submit Form 300A data through the agency’s Injury Tracking Application (ITA). Annual electronic submissions are required by establishments with 250 or more employees currently required to keep OSHA injury and illness records, and establishments with 20-249 employees classified in specific industries with historically high rates of occupational injuries and illnesses.

The program matches newly opened inspections against a list of potential non-responders to OSHA’s collection of Form 300A data through the ITA and reports all matches to the appropriate OSHA area office. If the area office determines that the establishment on the list is the same establishment where the inspection was opened, OSHA will issue citations for failure to submit OSHA Form 300A Summary data.

In addition to identifying non-responders at the establishment level, the agency is also reviewing the 2021 submitted data to identify non-responders at a corporate-wide level. This corporate level review is being conducted for the nation’s largest employers.

OSHA developed the program in response to recommendations from the Government Accountability Office to improve reporting of summary injury and illness data.  The initiative will begin in early April.

The agency is also posting ITA data as part of its electronic recordkeeping requirements for certain employers. By mid-March, 289,849 establishments had submitted their OSHA Form 300A information.

Today the United States Postal Service filed notice with the Postal Regulatory Commission (PRC) of price changes to take effect July 10, 2022. The new prices, if approved, include a two-cent increase in the price of a First-Class Mail Forever stamp from 58 cents to 60 cents.

The proposed prices, approved by the Governors of the U.S. Postal Service, would raise First-Class Mail prices approximately 6.5 percent. The proposed Mailing Services price changes include:

Product                                                        Current Prices                Planned Prices

Letters (1 oz.)                                                  58 cents                         60 cents
Letters (metered 1 oz.)                                   53 cents                         57 cents
Letters additional ounce(s)                              20 cents                        24 cents
Domestic Postcards                                       40 cents                        44 cents
International Letter (1 oz.)                              $1.30 cents                  $1.40 cents

The PRC will review the prices before they are scheduled to take effect. The complete Postal Service price filing with prices for all products can be found on the PRC site under the Daily Listings section at prc.gov/dockets/daily.

The United States Supreme Court ruled March 23 that redistricting maps for the state legislature created by Governor Tony Evers under a Wisconsin Supreme Court-ordered “least change” requirement contain a racial gerrymander. The nation’s top court sent the maps back to the state’s top court, and ordered it to hold proceedings to fix these maps or approve different ones.

At the same time, the U.S. Supreme Court denied a request to overturn the “least change” congressional maps submitted by Evers and approved by a majority on the Wisconsin Supreme Court, meaning those new district boundaries will be in place for the fall 2022 election.

The issue at the heart of the legislative maps is whether it was lawful to expand the number of Milwaukee-area Assembly seats with a majority of Black voters. In the maps approved in 2011, there have been six districts with a majority of Black voters. The maps submitted by Evers would increase that number to seven districts, by adjusting the lines and lowering the percentage of Black voters in each district to just above the 50% mark.

After the Wisconsin Supreme Court approved the governor’s “least change” legislative maps, Republican lawmakers and a conservative legal group asked the U.S. Supreme Court to step in, saying the Evers maps illegally used race as a primary factor in drawing the district lines.

The issue of the legislative maps now returns to the Wisconsin Supreme Court, which may pursue a number of options.

“On remand, the court is free to take additional evidence if it prefers to reconsider the Governor’s maps rather than choose from among the other submissions,” stated the U.S. Supreme Court’s order.

Essentially, the Wisconsin high court can ask parties to submit a revised version of the Evers maps that would keep the number of majority Black districts at six, or it could reverse its earlier decision and choose the maps submitted by the Republicans in the state Legislature, which contained six black districts in Milwaukee.

The 5th Circuit Court of Appeals on Wednesday stayed a district judge’s injunction against President Joe Biden’s social cost of carbon, reinstating the metric used to measure the climate impacts of rulemakings and projects.

The social cost of carbon, which is used by the federal government when issuing regulations, approving infrastructure projects or taking other actions, is an estimate of the present and future damages resulting from emitting one ton of the greenhouse gas into the atmosphere. Climate activists hope a higher estimate will significantly increase the value assigned to pollution reductions, which in turn will help justify stronger climate regulations.

The stay allows EPA, the Departments of the Interior, Energy and Transportation and other federal agencies to resume using the interim SCC figures in rulemakings and other decisions. At least one major rule, regarding emissions from heavy-duty trucks was published without quantifying its climate benefits because of the injunction.

The stay is pending a fuller appeal of the injunction, but the order issued on Wednesday indicates the appellate court is not amenable to Louisiana’s arguments.

Federal Reserve Chair Jerome Powell will tell lawmakers Wednesday the central bank will likely hike interest rates later this month with inflation “well above” the central bank’s target range.

The Fed chief is set to tell members of the House Financial Services Committee that bank officials “expect it will be appropriate” to raise the baseline interest range from its current level of zero to 0.25 percent, according to prepared remarks released ahead of Powell’s appearance before the panel.

“We understand that high inflation imposes significant hardship, especially on those least able to meet the higher costs of essentials like food, housing, and transportation. We know that the best thing we can do to support a strong labor market is to promote a long expansion, and that is only possible in an environment of price stability,” Powell will say.

The Fed slashed interest rates to near-zero levels in March 2020 as the emerging coronavirus pandemic derailed the global economy. The Federal Open Market Committee, the Fed’s monetary policy panel, is on track to hike interest rates at the conclusion of its meeting on March 15-16, almost two years to the day it cut rates to current levels.

Powell will highlight the rapid recovery of the U.S. economy from the depth of the pandemic-driven recession, including the record-breaking gain of 6.7 million jobs in 2021 and economic growth of 5.5 percent. The Fed chief credited the effectiveness of COVID-19 vaccines along with substantial fiscal and monetary support deployed by the federal government in 2020 for the swift rebound.

Even so, the speed of the recovery also fueled a rapid rise in prices as it ran up against stubborn pandemic-related obstacles, Powell will note.

“As a result, employers are having difficulties filling job openings, an unprecedented number of workers are quitting to take new jobs, and wages are rising at their fastest pace in many years,” Powell will say.

“Demand is strong, and bottlenecks and supply constraints are limiting how quickly production can respond. These supply disruptions have been larger and longer lasting than anticipated, exacerbated by waves of the virus, and price increases are now spreading to a broader range of goods and services.”

A federal judge in Louisiana on Friday shot down President Biden’s interim estimates on the social costs of greenhouse gas emissions, dealing another judicial blow to the administration’s climate agenda.

A 2021 executive order directed agencies to use an interim metric that estimated costs to society that would come from burning carbon in environmental permitting and regulatory decisions. But Louisiana, Alabama, and eight other states “sufficiently identified the kinds of harms” needed to block the metric’s use, the U.S. District Court for the Western District of Louisiana ruled.

“The Court agrees that the public interest and balance of equities weigh heavily in favor” of ordering the administration to disregard the calculations Judge James D. Cain Jr. wrote in the opinion.

States challenged the temporary cost, claiming Biden didn’t have the authority to issue such a significant decision without notice-and-comment rulemaking. They also claimed that its use in decisions would hamper their economies through higher costs and more stringent standards.

The Justice Department unsuccessfully tried to argue that the states’ claims were premature until the metric was actually used in a decision. The DOJ said it’s “reviewing the decision” and declined to comment further.

The court did make it clear that it was ruling on whether Biden had flown against administrative procedures with his interim metric and not on “the scientific issues regarding greenhouse gas emissions, their effects on the environment, or whether they contribute to global warming.”

A group of Republican lawmakers is hoping to block local governments from using a relatively new approach to fund road maintenance through what are known as transportation utility fees.

On Wednesday, Rep. Mark Born, R-Beaver Dam, and Sen. Duey Stroebel, R-Saukville, introduced bills that would punish local governments that enact transportation user fees by forcing them to lower the amount they can collect from property taxes by however much they raise from the new transportation fees.

A statement from Stroebel’s office said lawmakers have worked to ensure a favorable tax climate and have increased local transportation aids in recent state budgets.

“A municipality must not be allowed to circumvent the popular levy limit law through the creation of a transportation utility to extract more money from taxpayers,” Stroebel said. “The option of a referendum is always available if the people actually want higher taxes.”

At the same time, the conservative Wisconsin Institute for Law and Liberty is arguing in Outagamie County Circuit Court that transportation utility fees are unlawful taxes. The firm is suing the Town of Buchanan for adopting a transportation utility district and corresponding fees in 2019.

A 2020 legal opinion written by the League of Wisconsin Municipalities states that local governments have “broad statutory and/or constitutional home rule powers to create a transportation utility and charge property owners transportation utility fees.”

The U.S. Food and Drug Administration (FDA) granted its full approval of the Moderna COVID-19 vaccine. The vaccine will now be marketed under the name Spikevax for the prevention of COVID-19 in people 18 years of age and older.

“The FDA fully approved the Pfizer COVID-19 vaccine last August for those 16 and older and now has done the same with the Moderna vaccine for those 18 and older. These approvals are further confirmation that these vaccines are effective and safe,” said DHS Secretary-designee Karen Timberlake. “We urge those folks that have waited to get vaccinated to do so now and join their nearly 3.7 million fellow Wisconsinites who have received their COVID-19 vaccine.”

This is the same vaccine people have been getting for months. In order to grant full approval, the FDA required extensive data on safety and effectiveness, inspection of manufacturing facilities, and a comprehensive review of all clinical and real-world use. The full approval means that even more data were gathered and analyzed following the grant of emergency use authorization in December 2020 to further confirm that this vaccine works and is safe. All of the COVID-19 vaccines are extremely effective at preventing serious illness, hospitalization, and death – including from the Delta and Omicron variants.

The Moderna vaccine was the second COVID-19 vaccine to receive emergency use authorization (EUA) in the U.S. This authorization came after the Moderna product underwent rigorous clinical trials and an expedited review process to ensure the safety and efficacy of the vaccine. FDA granted the application for full approval through a priority review designation, and reviewed updated data from the clinical trial which supported the EUA and included a longer duration of follow-up in a larger clinical trial population.

The average price for a gallon of gasoline in the United States rose slightly for the fifth week in a row, climbing 2.9 cents from a week ago, according to an industry expert.

Currently, the national average is sitting at $3.34 per gallon, according to GasBuddy, which compiled price reports covering over 150,000 gas stations across the country. The current figure reflects a nearly 76-cent increase per gallon compared to a month ago and a nearly 93-cent increase per gallon compared to a year ago.

Patrick De Haan, the head of petroleum analysis for GasBuddy, said in a blog post Monday that the continued uptick at the pump is because oil prices are being “pushed into territory unseen in over seven years.”

By June, GasBuddy estimated that the national average price for a gallon of gasoline could climb to a high of $4.13.