Policy Options for CAFOs and Water Quality Protection

1
Policy Options for CAFOs and Water Quality
Protection

• David Osterberg, Edwin Brands, Mariah
  Gillette
• Department of Occupational Environmental
  Health
• Department of Geography
• The University of Iowa, Iowa City, IA

This work was presented in and has been adapted
from poster format
Cooperative State Research, Education, and
Extension Service
Grant 2001-51130-11373
2
Abstract

• This poster summarizes different approaches to
  dealing with the potential and realized impacts
  of CAFOs on increasingly degraded and vulnerable
  water resources. The number of CAFOs
  (concentrated animal feeding operation) has
  rapidly increased in Iowa and in other states
  since the mid-1980s. Several different adverse
  effects (human health and ecosystem-related) have
  been linked to the proliferation of CAFOs.
  Recently enacted Iowa legislation addresses this
  growing industrys increasing impact on water
  quality. Several counties in Iowa have also
  initiated efforts to regulate and mitigate the
  effects of CAFOs. Finally, a number of lawsuits
  brought by individuals may begin to shape the
  regulation of CAFOs in Iowa.

3
CAFO Definition

• animal feeding operation means a lot, yard,
  corral, building, or other area in which animals
  are confined and fed and maintained for 45 days
  or more in any 12-month period, and all
  structures used for the storage of manure from
  animals in the operation.
• A concentrated animal feeding operation of
  1,000 animal units must obtain a DNR construction
  permit. This is equal to 1,000 slaughter or
  feeder cattle, 714 mature dairy cattle, 2,5000
  butcher or breeding swine or 100,000 broiler or
  layer chickens.

4
Inside a CAFO
Source Iowa Environmental Council
5
CAFOs in Hamilton County, Iowa
Source Iowa Environmental Council
6
CAFO in Kossuth County, Iowa
Source Iowa Environmental Council
7
Hog Production Over Time
Then Now

• 1966 57 million hogs 1 million farms in U.S.
  with hogs
• Evenly distributed production
• Early 1960s 70 of Iowa farms had hogs
• Iowa has 25 of U.S. hog production

• 30 years later similar hog numbers 160,000
  farms with hogs in U.S.
• 5,000 farms in the U.S. have half the production
• 12 of Iowa farms with hog operations
• Iowa has 25 of U.S. hog production

8
State Preemption of Local Government in Iowa

• CAFOs exempt from county zoning
• Kuehl v. Cass County (1996)
• Moratorium Resolution passed in 6 Counties
• Good Neighbor Policy in Palo Alto County

• CAFOs exempt from county home rule
• Goodell v. Humboldt County (1998)
• Worth County passes CAFO ordinance based on
  protection of public health
• Worth County Friends of Agriculture v. Worth
  County (not yet heard by the Iowa Supreme Court)

9
Right to Farm v. Nuisance Suits

• Bormann decision - Iowa Supreme Court (1998)
• Removing a citizens right to nuisance action
  within a declared agricultural area was found to
  be a categorical taking of private property for
  public purposes without just compensation. Iowa
  State Legislature exceeded its authority in an
  attempt to protect CAFOs.

• Gacke v. Pork Xtra, L.L.C., Sioux County court
  (Jan. 2002)
• CAFO outside agricultural area assessed 100,000
  in damages
• Blass v. Iowa Select, Sac County court (Oct.
  2002)
• 1.06 million in compensatory plus 32 million
  in punitive damages assessed by jury against
  Iowas largest CAFO owner.

10
CAFO Regulation at the State Level

• Setbacks (facility siting)
• Water bodies
• Neighbors
• Karst areas
• 100-year floodplains

• Land application of Manure
• Phosphorus limits
• Nitrate limits
• Incorporation limits

• New air quality standards
• Hydrogen sulfide
• Ammonia

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Ag. Drainage Wells and CAFOs

• Ag Drainage Wells (ADWs)
• Used in poorly drained land
• Drains directly into aquifer
• Conflicts CAFOs and ADWs
• Senate File SF473 (1998)
• Wells closed to protect CAFOs

Permitted hog facilities Number of hogs based on
150 pounds per hog.
Source Iowa Environmental Council
0 4,166
Permitted Chicken Facility
4,166 8,000
Agricultural Drainage Well
8,001 - 13,333
gt 13,333
6 miles
0
14
Source Iowa Environmental Council
15
Number of Hogs (or equivalent)
0 - 1500
1501 - 2600
2601 - 3700
3701 - 10300
Sinkhole
10301 - 27000
Data Source Iowa Department of Natural Resources
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Conclusion

• States have tried to limit individuals and local
  governments
• Attempts at local government regulation
• Zoning
• Home Rule
• Health Ordinances
• Individuals may have found a way around nuisance
  suit limitations

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• Acknowledgements
• Susan Heathcote, Iowa Environmental Council
• Bob Mulqueen, Iowa State Association of Counties
• Environmental Health Science Research Center, The
  University of Iowa

20
References

• Barrette, M. Hog-tied by feedlots. Zoning News,
  page 4 (Oct 1996).
• Braun, M. HF 519 Livestock Feeding Regulations.
  Iowa House Democratic Research Staff. June 5,
  1995.
• Braun, M. Livestock Regulations-SF 2293. Iowa
  House Democratic Research Staff, April 15, 2002.
• Center for Rural Affairs. Corporate Farming
  Notes. Available http//www.cfra.org/newsletter/co
  rporate_farming_notes.htm (June 2001 Oct 2001).
• Chapin A, Boulind C, Moore A. Controlling Odor
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• Farmers Union Education Foundation. Impact of
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• Feedstuffs, page 16, September 17, 2001.
• Flora, J, et. al. Social and Community Impacts.
  In Merchant, J. et. al. Iowa Concentrated Animal
  Feeding
• Health Sciences Research Center of the University
  of Iowa. Chapter 9. (February 2002)
• Gacke v. Pork Xtra, L.L.C. Case No. LACV 019489,
  Ruling on Motion to Strike Defendants Immunity
• Defense, Iowa District Court in and for Sioux
  County (2001).
• Glenn. J. 300,000,000 Tons of Manure. BioCycle.
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• Hamilton ND. Right-to-farm laws reconsidered Ten
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• Iowa Civil Liberties Union. Judge rules nuisance
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  3, 2001.
• Johnson, R. Wheeler, W. and Christensen, L. EPAs
  Approach to Controlling Pollution from Animal
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• Kauffman, C. Farmers win case against Iowa hog
  producer. Des Moines Register, October 10, 2002.
  http//www.dmregister.com/news/stories/c4788993/19
  433038.html

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References (cont.)

• Kleemeier v. Beazly Group, Inc and Pork
  Innovations, Inc. Case No. LACV 500316, Ruling on
  Plaintiffs Motion to Strike Motion for
  Adjudication of Law Points, Iowa District Court
  for Calhoun County (2002).
• Legislative Service Bureau of the Iowa General
  Assembly. Legislative Guide to State Regulation
  of Animal Feeding Operations. Available
  www.legis.state.ia.us/Central/LSB/Guides/animal.ht
  m (2000)
• Melvin, S. et. al. In Merchant, J. et. al. Iowa
  Concentrated Animal Feeding Operations Air
  Quality Study. Environmental Health Sciences
  Research Center of the University of Iowa.
  Chapter 2. (February 2002)
• Merchant, J. et. al. Iowa Concentrated Animal
  Feeding Operations Air Quality Study.
  Environmental Health Sciences Research Center of
  the University of Iowa. Chapter 1. (February
  2002)
• Minnesota Environmental Quality Board. Final
  Technical Work Paper on the Role of Government
• Prepared for the generic environmental impact
  statement on animal agriculture, (2001).
• Mulqueen, R. Conversation . Iowa State
  Association of Counties. October 11, 2002.
• Operations Air Quality Study. Environmental
  Health Sciences Research Center of the University
  of Iowa. Chapter 7. (February 2002)
• Osterberg, D and Melvin, S. Relevant Laws,
  Regulations and Decisions. In Merchant, J. et.
  al. Iowa Concentrated Animal Feeding Operations
  Air Quality Study. Environmental
• Perkins, J and Beeman, P. Hog-lot foes lobby
  lawmakers. Des Moines Register, January 16,
  2002.
• Richardson JJ, Feitshans TA. Nuisance revisited
  after Buchanan and Bormann. Drake Journal of
  Agricultural Law 5(C1)133 (2000).