Yakima Dairy Lawsuits: Years in the Making?

It’s a drum we’ve been beating for nearly 10 years.  Activists and regulators have been transparent in regard to their intentions as it relates to agriculture.

To be clear, we are 100% in favor of proper environmental stewardship – but when you are involved in regulatory negotiations and/or battling activists with pre-determined conclusions – it’s not about stewardship.  It is Game On, and the stakes are very high.

In our August 2013 newsletter, we shared with you the title of the EPA Bulletin “Criminal Enforcement Alert, EPA Targets Clean Water Act Crimes – Illegal Pollution by Animal Confinement Operations Punished by Fines and Incarceration.”

In August 2012, we quoted Gene Baur, president and co-founder of Farm Sanctuary who said of livestock farms “…it’s bad for animals, it’s bad for people, it’s an industry that needs to be stopped…it’s (manure) getting into our waterways and destroying our environment.”

In 2010 and 2011, we reported that according to the EPA, number two of the six “Enforcement Initiatives” is, “Preventing Animal Waste from Contaminating Surface and Ground Waters.”

As far back as 2006, we reported that, “According to a report in Environmental Compliance Alert (November 13, 2006), the Environmental Protection Agency (EPA) will target Animal Feeding Operations for National Pollutant Discharge Elimination System (NPDES) permit enforcement.”

So the article in the January 2014 Hoards Dairyman, “Why the Yakima lawsuits matter to every producer,” shouldn’t be too surprising.  If you haven’t read this article, you should.

According to Hoards, “EPA…bullied 11 Yakima dairies to let it do water quality tests for nitrates.  In 2012, five were singled out and given an awful choice: sign a consent decree to install monitoring wells and collect samples for eight years to determine if there is a water quality problem, how bad it is and where it’s coming from…or try to convince the 9th Circuit Court that EPA doesn’t have the authority to make such demands.”

Then as Hoard’s reports, “EPA was now more or less out of the picture. But in 2013, two environmental activist groups filed individual lawsuits against the five dairies for nitrogen pollution of groundwater, alleging violation of the federal Resource Conservation and Recovery Act (RCRA) that regulates solid and hazardous waste disposal, including nuclear waste.”

Should RCRA apply to agriculture?  According to the activists’ attorney it should because, “…these people are killing America.”

The Hoard’s article provides more details, including information that might raise some questions about efficacy of the EPA data.

If you are faced with legal action, either from a regulator or from activists, DO NOT go it alone – get good legal and technical counsel.  We can help with the latter.  For more information, contact senior environmental advisor, Jeffrey Bolin, M.S., CHMM.  You can reach Jeff at 248-932-0228, ext 125.

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