IATP Hog Report - Institute for Agriculture and Trade Policy

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Section 5 had started construction in October 1998 and the first site was nearly complete at the time of Bakeberg's letter, Bakeberg further noted that: 67 complete plans and specifications for this "proposed" project have not yet been submitted by the Tribe to the department for review and comment and we have had to obtain much of the information from EPA to complete our review. [C]onstruction of this facility prior to submitting complete plans to the department for review and comment is not in compliance with the Mitigation Measures listed in the EA report and the BIA FONSI for this project. Construction of the facility prior to allowing DENR reasonable time to fully review and comment on the design indicate that the sponsors do not intend to consider the department's comments on the design, construction, or operation of this facility. Furthermore, if construction of this facility prior to DENR's review and comment is acceptable to the Tribe and BIA under the conditions set in the Mitigation Measures and FONSI, we seriously question whether any of the other mitigation measures listed will be followed by the sponsors or enforced by the Tribe or BIA. Bakeberg called the company's anaerobic digesters and evaporation ponds "lagoons" and "flush pits" because the technical specifications followed in the construction were not adequate to achieve the breakdown of volatile solids that is supposed to occur in a digester. He also disputed that the evaporation ponds were large enough to work properly. Bakeberg concluded that the waste management system as constructed would not have been adequate to meet South Dakota's qualifications for a General Permit. 68 Subsequently, representatives of the local BIA, the RTC, and Bell Farms met at EPA's Denver offices in January 1999 and delivered to EPA staff revised technical design specifications from Bell Farms. Based on these revised designs, EPA now contended that there should be no significant impact from the facility and that the waste management system should operate as designed, 69 assuming [the facility] is constructed and managed as described in the technical design specifications[and] with the understanding that the proposed anaerobic lagoon digester process employs a new, promising technology which should largely mitigate odor problems. (emphasis added) http://www.iatp.org/hogreport/sec5.html (13 of 38)2/27/2006 3:50:13 AM
Section 5 The EPA further concluded that: 70 there is a reasonable likelihood that the facility will not have a wastewater discharge within the next 25 years if constructed, operated and monitored as designed. (emphasis added) http://www.iatp.org/hogreport/sec5.html (14 of 38)2/27/2006 3:50:13 AM Finally, the EPA "strongly recommended" that: 71 before operations begin, the BIA and the Tribe, with EPA assistance if you wish, work to ensure a sufficient resource base for the Tribe to regulate the facility and perform its monitoring and enforcement responsibilities. Meanwhile, in the course of the CRAC, et al. litigation, Justice Department lawyers, on behalf of BIA, filed a pro forma "denial of legal liability," claiming that the "environmental assessment was in compliance with federal environmental and historic preservation laws." 72,73 One day after the Justice Department filing, however, Kevin Gover, Assistant Interior Secretary for Indian Affairs in Washington, DC, voided the lease between Sun Prairie and RST, as he concluded that the environmental assessment had been inadequate and felt it was important to establish the environmental impact of the project. 74 The litigants' then settled the case. At this development, attorneys representing Bell Farms and the Tribal Council brought suit against the BIA in Federal District Court in South Dakota aiming to overthrow BIA's decision to void the lease. The litigants Concerned Rosebud Area Citizens, Humane Farming Association, Prairie Hills Audubon Society, and South Dakota Peace and Justice Center then intervened on the side of the BIA to affirm its decision to void the lease. Federal District Court Judge Charles Kornmann at Pierre, South Dakota, heard the case. Judge Kornmann accused Gover of abusing his discretionary powers and acting in an "arbitrary and capricious" manner when he ordered work stopped on environmental grounds. 75 In February 1999, Judge Kornmann issued a preliminary injunction enjoining the BIA and the interveners from taking any action that might interfere with the construction and operation of the first phase of the project while he studied the issues. He promised he would render a swift decision. 76 The intervening groups appealed Judge Kornmann's preliminary injunction arguing they ought not to have been included in the injunction. The BIA also appealed the injunction. Meanwhile construction went ahead. The first of the project's thirteen sites
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Table of Contents Marlene Halverson
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Section 0 The choice as to whether
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Section 0 massive quantities of gro
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Section 0 quantities far exceeding
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Section 0 hog factories avoid the e
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Section 0 Alternatively, we can try
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Section 1 I. Are Independent Farmer
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Section 1 programs were put in plac
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Section 1 and consolidating their o
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Section 1 Farm Credit [Service] is
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Section 1 results despite a $58.6 m
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Section 1 sell on the spot or cash
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Section 1 costs to ignoring the fac
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Section 1 Rationale: Independent ho
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Section 1 animals and definition of
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Section 1 Agriculture. 16 U.S. Depa
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Section 1 46-47 Ostmeyer, A. (1999,
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Section 1 77 Thornsbury, S., Kambha
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Section 2 Safety Some Strategies an
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Section 2 oxygen for complete fuel
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Section 2 cure bacterial diseases b
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Section 2 reach humans, including:
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Section 2 microorganisms in the env
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Section 2 bacteria, but it saw no r
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Section 2 use of penicillin and tet
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Section 2 few problems adjusting. M
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Section 2 The Swedish thus regard i
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Section 2 marketed, discounted to t
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Section 2 destroyed, leaving behind
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Section 2 and practices that make a
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Section 2 of Minnesota, Biosystems
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Section 2 41 Backström, L. (1999,
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Section 2 Washington, DC: National
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Section 2 96-98 National Research C
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Section 2 SOU 1997:132 Del 2 (pdf-f
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Section 2 147 Ault, D. (1994). A ge
Page 75 and 76: Section 2 169 Ibid. 170 Ibid. http:
Page 77 and 78: Section 3 Receiving minimal day-to-
Page 79 and 80: Section 3 Hog Factory Impacts on Gr
Page 81 and 82: Section 3 In 1998, the U.S. Geologi
Page 83 and 84: Section 3 and creating setback dist
Page 85 and 86: Section 3 of nutrients in the Bay c
Page 87 and 88: Section 3 that lagoons begin to lea
Page 89 and 90: Section 3 native organic matter poo
Page 91 and 92: Section 3 Help preserve local contr
Page 93 and 94: Section 3 25 Ritter, W.F. & Chirnsi
Page 95 and 96: Section 3 American Prospect online,
Page 97 and 98: Section 3 68 Understanding the Poll
Page 99 and 100: Section 4 IV. Part of the Pig Reall
Page 101 and 102: Section 4 centuries. In 1713, an It
Page 103 and 104: Section 4 and 44 control participan
Page 105 and 106: Section 4 out carbon dioxide. Plant
Page 107 and 108: Section 4 additional systems in the
Page 109 and 110: Section 4 pollution-reducing option
Page 111 and 112: Section 4 18 Robbin Marks, Natural
Page 113 and 114: Section 4 59-61 Bird, E. and Strang
Page 115 and 116: Section 5 made up of the trust and
Page 117 and 118: Section 5 designation" for their pr
Page 119 and 120: Section 5 Pollution Shopping by Cor
Page 121 and 122: Section 5 environmental laws, and a
Page 123 and 124: Section 5 alternatives to the propo
Page 125: Section 5 Corporate farm operations
Page 129 and 130: Section 5 ❍ an investigation of t
Page 131 and 132: Section 5 decision by Judge Kornman
Page 133 and 134: Section 5 and other training for it
Page 135 and 136: Section 5 grounds that it was a pub
Page 137 and 138: Section 5 · Operating a facility h
Page 139 and 140: Section 5 portions of an industrial
Page 141 and 142: Section 5 practices that favor the
Page 143 and 144: Section 5 investors in animal facto
Page 145 and 146: Section 5 Health Department. Herald
Page 147 and 148: Section 5 55 RESPEC. (1998, August)
Page 149 and 150: Section 5 to Eric Nixon, regarding
Page 151 and 152: Section 5 126 Ozark Sierra Club. (2
Page 153 and 154: Section 6 | Next Section | | Table
Page 155 and 156: Section 6 about the effects of inte
Page 157 and 158: Section 6 Today, there is a special
Page 159 and 160: Section 6 persist in milk and some
Page 161 and 162: Section 6 In some of the largest ho
Page 163 and 164: Section 6 Population density inside
Page 165 and 166: Section 6 widespread abuses of anim
Page 167 and 168: Section 6 Weaning pigs when they ar
Page 169 and 170: Section 6 Ironically, the creation
Page 171 and 172: Section 6 compatible alternatives t
Page 173 and 174: Section 6 Office. 13 Dawkins, M.S.
Page 175 and 176: Section 6 37 Broom, D.M., Dantzer,
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Section 6 IPVS Special Report. B Ph
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Section 6 Obstacles and opportuniti
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Section 6 http://www.iatp.org/hogre
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Section 7 The Campaign for Family F
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Section 7 struggle to compete with
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Section 7 The South Carolina Coasta
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Section 7 groups can litigate again
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Section 7 Clean Water Fund has been
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Section 7 sustainable production me
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Section 8 VIII. Funder to Funder Su
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Section 8 report presents strong ev
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Section 9 no unwarrantably limit th
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Contacts Contacts Alabama Arkansas
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Contacts Georgia Daphne Walker Ohoo
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Contacts Teresa Opheim Iowa Environ
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Contacts Dave Dempsey Michigan Envi
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Contacts Montana Jim Jensen Montana
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Contacts Mark Trechock Dakota Resou
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Contacts Bill Berry Concerned Citiz
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Contacts John H. Davidson Midwest A
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Contacts Larry Barker Buckingham Ci
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Contacts Dan Heilig Wyoming Outdoor
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Contacts Rob Perks/Todd Robins Publ
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Funders Mary Stake Hawker, Director
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Funders Vic DeLuca Jessie Smith Noy
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Photo Galleries People Back to Main
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disease Photo Gallery: Disease Back
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Flooding Photo Gallery: Flooding Ba
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Cartoons Cartoons Back to Main Page
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cartoon1 Previous / Next Index Page
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cartoon11 Previous / Next Index Pag
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cartoon9 Previous Index Page http:/
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