IATP Hog Report - Institute for Agriculture and Trade Policy
IATP Hog Report - Institute for Agriculture and Trade Policy
IATP Hog Report - Institute for Agriculture and Trade Policy
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Section 5<br />
In the settlement, EnviroPork agreed to pay $25,000 over three years to<br />
the University of North Dakota Energy <strong>and</strong> Environmental Resources<br />
Center <strong>for</strong> research into new ways to reduce odor levels below legal<br />
limits. 16 The head of EnviroPork claimed victory, expressing satisfaction<br />
with the settlement.<br />
Vogel asserted that the Health Department led a fight in the legislature to<br />
weaken state odor laws to accommodate EnviroPork. 17 She commented<br />
further: 18<br />
The message the Health Department is sending is that<br />
people can violate the law until you get caught <strong>and</strong> then<br />
any fine will be suspended <strong>and</strong> all you have to do is what<br />
you should have been doing in the first place.You win a<br />
case <strong>and</strong> then they change the law. It's not a fair fight. It's<br />
citizens against big corporations.<br />
Exemptions from Local Zoning<br />
In eight states, animal factories <strong>and</strong>/or l<strong>and</strong> applications of manure are<br />
exempted from local zoning authority. 19 In ten states, local authority to<br />
regulate animal factories is restricted or preempted. Some state laws also<br />
contain loopholes that allow certain large corporate farms to qualify as<br />
family farms, which may be immune to nuisance suits or certain<br />
regulations. In Kansas, counties are allowed to exclude corporate animal<br />
factories from operating within their borders. Hodgeman County, Kansas,<br />
voted in a public referendum to ban corporate hog farms. 20 Shortly after<br />
the referendum, Murphy Family Farms announced it would construct an<br />
11,000-sow operation there <strong>and</strong> the Kansas governor issued a permit <strong>for</strong><br />
the operation. Murphy contended that it was not subject to the exclusion<br />
because it was a family farm. Families Against Corporate Takeovers<br />
(FACT) tried to prevent Murphy Family Farms from entering the county.<br />
Following the low prices of 1998, however, Murphy postponed plans <strong>for</strong><br />
construction. Later, Murphy Family Farms was purchased by Smithfield<br />
Foods, which does not meet the definition of a family farm.<br />
County <strong>and</strong> town or township governments in 21 <strong>and</strong> eight states,<br />
respectively, are involved in administration <strong>and</strong> en<strong>for</strong>cement of laws. 21<br />
Twenty-two states require local agency approval. Local jurisdictions in 16<br />
states passed new ordinances or have policies regarding animal factories.<br />
Concerning local control, rural sociologist Doug Constance has said: "Of<br />
course, firms don't want it. Firms want the widest geographical area with<br />
the same regulations so they can plansystematically their expansion." 22<br />
http://www.iatp.org/hogreport/sec5.html (5 of 38)2/27/2006 3:50:13 AM