From Farmer to Advocate

Transcription

1 This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike License. Your use of this material constitutes acceptance of that license and the conditions of use of materials on this site. Copyright 2010, The Johns Hopkins University, Polly Walker, and Terry Spence. All rights reserved. Use of these materials permitted only in accordance with license rights granted. Materials provided AS IS ; no representations or warranties provided. User assumes all responsibility for use, and all liability related thereto, and must independently review all materials for accuracy and efficacy. May contain materials owned by others. User is responsible for obtaining permissions for use from third parties as needed.

2 From Farmer to Advocate Terry Spence Citizens Legal Environmental Action Network (CLEAN) and Family Farms for the Future (FFFF) With Polly Walker, MD, MPH

3 Terry Spence Operates a second-generation family farm in Missouri raising cattle President, Citizens Legal Environmental Action Network (CLEAN) President, Family Farms for the Future (FFFF) Assistant Director, Socially Responsible Agricultural Project (SRAP) Selected as one of the Thirty Heroes for each of the thirty years of the Federal Clean Water Act 3

4 A Family Farm in Missouri Photo by Hernan Vargas. Creative Commons BY-SA. 4

5 Lincoln Township, Mo. Source: 5

6 Photos of the Farm 6

7 What Is a Diversified Farm? Typical diversified farm - 30 head beef cattle - 12 dairy cows sheep - Flock of egg-laying hens Some row crops grown as supplemental feed 7

8 Role of Swine in Diversified Farm Typical diversified farm often included swine - Reliable and steady income to supplement less predictable profits from beef, dairy, and sheep due to shifts in market prices - Mortgage lifter 8

9 Q: Why Did You Stop Raising Swine? Stopped raising hogs in the mid 1980s 1985 restructuring of hog industry began Market access difficult No longer profitable to try to compete with the new large corporate farms 9

10 Consolidation of Hog Operations Total number of farms raising hogs

11 Impacts of Consolidation More difficult to operate a small family farm Smaller producers were shut out of the market by the larger producers Larger producers controlled finishing operations or filled all available slots Better deals available to larger producers making it difficult for smaller farmers to compete 11

12 Premium Standard Farms, Inc fateful day for my family and Lincoln Township community Found out by coincidence that the large industrial hog operation was to be built in his township would be one mile from his property line 12

13 Proposed Hog CAFO for Lincoln Township, Missouri Large corporation bought land in Lincoln Township to build a hogfinishing facility - 96 buildings would house 102,000 hogs - 12 lagoons would EACH hold 25 million gallons of waste Property was within one to two miles of 30 family residences 13

14 Reaction of the Community Zoning ordinance adopted to protect the citizens of Lincoln Township - Security bond placed on lagoons for clean up of the site and remediation if hog operation closes or leaves site - Required setback distance from individual homes (21 family homes within one mile of this proposed operation) Note: Hog CAFOs were NOT BANNED 14

15 Results of Zoning Ordinance Original plan: 90 buildings - Outcome: 72 buildings Original plan: 102,000 hogs - Outcome: 80,000 hogs Original plan: 12 lagoons - Outcome: 9 lagoons (holding a total of 180 million gallons of hog waste) 15

16 1994 The Legal Battle Begins Lincoln Township voted unanimously for the zoning ordinance Premium standard sued the 150 residents of Lincoln Township for $7.9 million for taking of property rights Terry becomes the community member leading the effort ongoing for 15 years now 16

17 Effects of Hog Farms on the Community Major impacts all anticipated based on experiences with hog CAFOs in North Carolina - Horrendous odors impacted daily life - Impeded or prevented outdoor activities - Dramatic increase in fly infestations - Increased upper respiratory symptoms Installation of whole-house air conditioning systems necessary 17

18 Farmer to Advocate: The Beginning Why did you make the transition from a farmer to an advocate for the rights of citizens in your township? 18

19 From Farmer to Advocate 19

20 Cost to You and Your Family What has this 15-year battle cost you and your family? 20

21 Costs of Standing for Something Main costs and considerations have been - Family - Financial - Community The biggest cost: lost time spent away from family children and grandchildren 21

22 Financial Costs Most of the costs incurred have been paid out of pocket with minimal help from other township residents Money and time spent battling large, faceless corporations whose activities are subsidized in large part by taxpayers 22

23 Community Costs Not everyone in the community supported the legal challenge to the CAFO Split the community - Some were for it as they stood to gain from the CAFOs - Others were against it due to odors, cost to them, etc. 23

24 Why Continue the Battle? With such a significant toll on you and your family, why did you continue this battle even though your farm was not adjacent to the CAFO? Air emissions and odors do travel even to farms not adjacent (a trespass issue ) Water issues 24

25 Citizens of Lincoln Township vs. Premium Standard Premium Standard sued citizens of Lincoln Township for $7.9 million; dropped when citizens sued them back Citizens took Premium Standard to county court on the zoning issues, and lost due to agricultural exemptions (two years) Appealed to Missouri Supreme Court, lost again because of agricultural exemptions 25

26 Zoning Law Missouri state law - In 1993, state legislature passed exemptions to 1975 law that banned corporate farming in the state - Townships are granted authority to institute local zoning ordinances to protect property values and public health In this case and others, the local zoning ordinances were preempted by the agricultural exemptions allowed by the state 26

27 Alternative Legal Strategy Zoning ordinances would not stand against protections afforded to agricultural operations A new approach: agricultural operations can be restricted (though building is not prevented) through county health ordinances 27

28 David vs. Goliath Federal challenges based on Clean Water Act Citizens supported by Department of Justice and EPA In 2002 the case was set for trial (first one and would have set a precedent, but tossed out of courts by new federal administration) Signed on a consent decree for over 10 years 28

29 Final Resolution of Lawsuit Consent judgments against the company to require adoption of new technologies to reduce air and water pollution Companies have adopted some new technologies Enforcement has been difficult to get biofilters on the barns Consent judgments expire in

30 Socially Responsible Agriculture Project Vision - If you fight something, you have to put forth an alternative - Revitalize a sustainable and healthy agriculture and food system - Farmers on the land that tend the livestock, tend the environment, and value the rural communities and the environment 30

31 I m Just a Farmer 31