dairy

August 12, 2024

Movement to limit CAFO pollution seen strengthened by Michigan court ruling

By Keith Schneider

A recent state court decision could transform how animal agriculture is regulated in Michigan, and potentially influence how other state and federal regulators oversee the industry’s mammoth waste stream, according to environmental lawyers and activists.

The optimism from environmental advocates comes after the Michigan Supreme Court ruled on July 31 that the state’s Department of Environment, Great Lakes, and Energy (EGLE) has full authority to require industrial animal agriculture to take much stronger actions to manage the torrent of manure waste polluting waterways. The closely watched case pit the administration of Michigan Gov. Gretchen Whitmer against the powerful agricultural industry, led by the Michigan Farm Bureau.

“The decision is extremely powerful language for EGLE to act,” said Carrie La Seur, the legal director of For Love of Water, an environmental law and policy group that intervened on behalf of the state. “It’s clear that EGLE gained a lot of authority through this ruling.”

Michigan is one of many US states contending with rampant ground and surface water pollution caused by agricultural production. A key source of the pollution are the nation’s more than 21,000 large dairy, cattle, hog, and poultry operations, known as Concentrated Animal Feeding Operations or CAFOs.

The nationwide problem extends across the ocean. On Aug 9, the Center for Food Safety environmental group gave legal notification to a Hawaii “megadairy” of their intention to file a lawsuit in federal court. The allege the dairy has been illegally “discharging animal waste, solid manure, liquid manure, milk waste, and chemical pollutants” into the state’s waterways and into the Pacific Ocean.

August 1, 2024

Michigan notches a victory in effort to rein in polluting farm waste

By Keith Schneider

In a rare rebuke to the industrial farm sector, the Michigan Supreme Court this week ruled that state environmental regulators have full authority to require livestock and poultry operations to improve their handling of billions of pounds of manure that contributes to contamination of waterways.

The 5-2 decision issued Wednesday is one of the most significant environmental protection measures in Michigan in years. It comes after four years of battles between state officials and operators of poultry and hog feeding operations and large dairies over regulatory efforts to reduce agriculture-related water pollution. Farm-related nitrates and phosphorus have fouled Lake Erie and other state waters for decades.

The court’s decision recognizes that the Michigan Department of Environment, Great Lakes, and Energy (EGLE) not only has the power but also has the obligation under state and federal law to issue permits aimed at cleaning up Michigan’s water keeping it free of dangerous pollutants, said Rob Michaels, managing attorney of the Chicago-based Environmental Law & Policy Center, one of eight environmental organizations that filed a brief in support of the state.

The ruling is a rare defeat for industrial agriculture interests, particularly the Michigan Farm Bureau, which is supported by the major state associations for milk, pork, and poultry producers. The bureau did not respond to requests for comment.

“In the context of factory farms taking over rural areas there is, finally, recognition that regulatory bodies have authority for managing nutrient and animal waste pollution,” said Liz Kirkwood, executive director of For Love of Water, a water law and policy center that intervened in support of the state. “It’s huge.”

The Supreme Court ruling stems from a permit issued by EGLE in March 2020 directing the state’s largest meat, milk and egg producers to improve practices for managing manure and other wastes produced by 291concentrated animal feeding operations, or CAFOs. Twenty years, ago, fewer than 50 operated in the state.

Michigan ranks sixth nationally in dairy production with 440,000 cows on 900 farms. Michigan also has 1.2 million hogs, 62 million broiler chickens, 53 million turkeys, and 65 million chickens laying eggs. The animals generate an estimated 4 billion gallons of liquid manure and 60 million tons of solid manure on fields annually, according to EGLE. Operators are not required to treat their livestock waste before they spread the tide of liquid feces and urine on fields.

November 30, 2023

US push to turn farm manure into renewable energy draws concerns

By Keith Schneider

AMES, IOWA – In a gathering that drew the attendance of both farmers and Wall Street financiers, US regulators joined with oil giant Chevron at a November conference here to promote what backers promise will be a monumental breakthrough – systemic changes that would turn polluting agricultural waste into a source of renewable energy that replaces fossil fuels and slows climate change.

Speakers at the conference, which was hosted by Iowa State University and co-sponsored by the Environmental Protection Agency (EPA) and the US Department of Agriculture, assured attendees that the answers to agricultural and climate woes can be found in technology that already exists: Key, according to conference promoters, is the rapid expansion of large methane biodigesters, which capture manure waste from the nation’s cattle, hog and poultry operations and convert it into a harvest of both public and private riches.

Water and air would be cleaner and farmers could see billions of dollars in new farm income, among other benefits, according to backers.

“It can provide a substantial portion of global energy needs,” Rudi Roeslein , CEO of Roeslein Alternative Energy, told the attendees. His company has built farm-based methane systems around the country that produce enough fuel to displace six million gallons of diesel fuel and 80,000 cars. “If we do this on a large scale in the US we could generate $63.6 billion worth of revenue for farmers around the country.”

Roeslein’s company promises on its website to “restore a balance” to farmland “by using the sustainably harvested biomass to create renewable natural gas.”

Chevron promotes its investment in manure biodigestion as “finding inspiration in nature.”

“I’m really excited about the innovation in this space,” Lisa Schulte Moore, a professor and co-director of the Bioeconomy Institute at Iowa State, said in an interview. “The renewable natural gas market is providing economic incentives for better management of manure.”

But critics argue that the emergence of an alliance of Big Ag, Big Oil, and Big Government to generate energy from livestock waste is ripe with peril. They say that air pollutants and waste discharged from farms and from already existing farm-based biodigesters receive scant federal and state oversight. They fear that without strict regulation, manure digesters could make water and air pollution worse, not better. Industrial-sized farms, including concentrated animal feeding operations (CAFOs), already are one of the nation’s largest sources of water pollution, and among the principal causes of air pollution.

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November 1, 2023

“What we’re up against” – North Dakota towns fight Farm Bureau to try to keep water clean

By Keith Schneider

DEVILS LAKE, ND – When Clark Steinhaus first heard about a plan to build a feeding operation for 2,499 hogs near the shoreline of North Dakota’s largest natural lake, he was alarmed. As chair of Pelican Township’s board of supervisors, Steinhaus worried the manure generated by so many hogs could easily contaminate area waterways, including 160,000-acre Devils Lake and its 375 miles of shoreline.

His concerns were not surprising given the fact that each year, US industrial-scale feeding facilities – the standard for American meat and dairy production – generate, store, and spread millions of gallons of untreated liquid feces and urine across farmland. Mammoth dairy, hog, poultry, and beef cattle operations are notorious across Corn Belt states for fouling the air with rank odors and contaminating surface and groundwater with toxic nitrates, phosphorus, and bacteria.

“We got documentation from the pig boys’ engineers that said they’re going to build a 12-foot deep pit under the facility – four-inch concrete, no rebar, only wire mesh. No rubber lining,” said Steinhaus. “They were going to store millions of gallons of manure in that pit. Yeah. Water pollution is a concern here.”

The three-member Pelican Township board unanimously rejected the construction permit application in 2019, deciding it did not meet requirements of the applicable zoning ordinance.

The seemingly straight-forward decision on behalf of a tiny township that is home to only 23 residents came back to haunt Steinhaus, miring the township in litigation and dragging it into a sweeping campaign by the American Farm Bureau Federation to upend local zoning rules that aim to curtail industrial-sized animal agriculture across the United States.

The North Dakota Farm Bureau’s lawsuit against Pelican Township was one of three such lawsuits filed in North Dakota, and among many brought across US farm country as the Farm Bureau levers the courts, legislatures and elected leaders to impede regulation of large-scaled animal agriculture and the foul odors and mammoth waste stream that results.

Five years into its livestock expansion campaign, the Farm Bureau is steadily peeling away important state statutes that make this possible.

“Look at what we are up against,” said Steinhaus. “We have 23 residents in Pelican Township – 23 people live here. We were selling tickets to raffle for cash to pay our lawyers.”

August 2, 2023

Native American tribe takes a stand to protect its natural resources

By Keith Schneider
MAHNOMEN, Minn. – It’s been centuries since the White Earth tribe migrated west across North America, following an ancestral prophecy to go where “food grows on water.” One of seven Ojibwe bands in Minnesota, White Earth found that prophecy fulfilled along the many shallow clear lakes that lie in the state’s northern forests, where luminous green stalks of wild rice grow in abundance.

The lakes and the magnificent bounty of wild rice still form the spiritual foundation of a culture, economy, and way of life for the tribe, which inhabits the White Earth Reservation that was created in 1867 through a treaty the United States signed with the Mississippi Band of Chippewa Indians.

“Everything that revolves around that rice revolves around all of us,” explained Michael Fairbanks, the tribe’s chairman.

That way of life is under threat, however, as industrial-sized dairies, hog facilities, and big crop farms are beginning to surround the tribe’s 829,440-acre reservation near the North Dakota border. The agricultural operations bring ruinous nutrient pollution that has been documented in all of Minnesota’s farming counties, and massive groundwater withdrawals for irrigation and livestock.

“When you look at the magnitude of these factory farms, the level of waste they produce, it’s horrible,” Fairbanks said.

May 16, 2023

US efforts to turn farm animal poop into biofuel spark scrutiny

By Shannon Kelleher

Industrial-sized livestock operations have long been known for contaminating the environment and mistreating animals. Now, amid growing government incentives to turn the manure generated at these operations into climate-friendly biofuels, there are mounting concerns that the efforts could make industrial farming bigger and more dangerous.

Critics say government support for the production of biogas through the use of what are known as manure digesters comes with an array of well-documented risks. The digesters break down manure and capture methane gas, which can be used as fuel, but they come with a history of fires, explosions, hydrogen sulfide poisoning, methane leaks, and even drowning.

Methane digesters “exacerbate the dangers that are already endemic to industrial animal farming… where animals are housed in the same location as malfunctioning equipment, flammable liquids, and dangerous manure management practices,” said Alicia Prygoski, strategic legislative affairs manager at the Animal Legal Defense Fund (ALDF) animal advocacy group.

“Encouraging mass amounts of manure production, to facilitate the mass capture of the flammable gas that results from its decomposition, is what creates the increase in risks for explosions,” said Prygoski. “All you need is a spark.”

The Biden Administration’s much-touted Inflation Reduction Act includes funding and tax credits incentivizing farmers to install more of these digesters, and the new Farm Bill could include funds incentivizing the practice.

The ALDF and more than 100 other organizations sent a letter in December to US Agriculture Secretary Tom Vilsack calling on the agency to stop any allocation of additional funding from the IRA for the use or expansion of methane digesters or “production of factory farm gas.”

The groups cited a “ballooning factory farm gas industry,” and warned, among other issues, that digesters can “leak methane and manure and can even explode.”