guide to confronting a factory farm- socially responsible agricultural project

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Guide to Confronting a Factory Farm

Socially Responsible Agricultural Project

Phone: 208-315-4836

E-mail: [email protected]

Web: http://www.sraproject.org

© November 2007

This guide may be reprinted in part or whole without permission on thecondition that the Socially Responsible Agricultural Project is credited.



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Introduction to the Guide

A confined animal feeding operation is moving into your area, or worse yet, alreadyexists near you, and you aren't sure what you can do to protect your family’s healthand wellbeing. Guide to Confronting a Factory Farm has been created to help youunderstand how factory farms operate and to assist you in organizing yourcommunity to prevent the problems caused by these facilities. We've included tips onwhat you need to know, where to find this information, and how to use thisinformation to successfully protect your community.

The Socially Responsible Agricultural Project (SRAP) utilizes the skills of consultantsacross the US and Canada, including family farmers and ranchers, as well as expertsin the fields of engineering and economics. When invited into an area, the SRAPconsultants help guide communities in confronting a factory farm, but we can onlyhelp a group after it has organized. Through years of experience confronting factoryfarms, we have found that the most important steps in dealing with a factory farmare to educate yourself and your community and then to organize the people in your

area. Confronting a factory farm requires a community effort; you need help from asmany people as possible.

Before you understand how the law works (or doesn’t work, in some cases),challenging a CAFO can seem like a daunting task. We want to assure you that youare not alone. There are hundreds of groups around the country working on thesesame issues, and we will do our best to help connect you to them.

If you have any tips or suggestions for improving this guide, or ideas about howfactory farm groups can work together, please let us know. We are grateful for anyinformation you would like to share.

We wish you the best of luck.

The Socially Responsible Agricultural Project TeamNovember 2007

APPENDIXWe have provided an appendix which includes useful materials such as fact sheets, readingmaterials and much more.

Appendix I contains a checklist that you can use as you make your way through the stepsoutlined in this guide.



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Table of Contents

Step 1 Educate Yourself and Others………………………………5Essential ReadingReading Materials about Community OrganizingCattle & Dairy Reading MaterialsHog Reading MaterialsPoultry Reading MaterialsVideos

Step 2 Organize Your Community…………………………………112a What to Do Before Any Meeting

AgendaGeneral Meeting IdeasAdvertising

2b Public Informational Meeting

2c Organizational MeetingCreative Items

Assign DutiesCommunications and OutreachTaking Care of Business

Step 3 Gather Information…………………………………………193a Starting Out

Land AppraisalWater Monitoring Step

3b Where to LookLibrariesGovernment Agencies

3c What to Look For

Requesting InformationLogistical and General InformationCorporate CAFO InformationLocal and/or State CAFO RegulationsHealth OrdinancesCAFO Construction Plans and Permit ApplicationsNutrient (Manure) Management PlansWater PermitLocal, State and/or Federal Clean Water Act GuidelinesLocal, State and/or Federal Clean Air Act Guidelines

Step 4 Plan a Campaign/Develop a Strategy………………….34

Finding Your TargetMaintaining ProfessionalismGetting NoticedPutting Your Research to WorkGetting PoliticalConfronting the CAFO



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Step 5 When the Going Gets Tough……………………………...39Taking Legal ActionSLAAP Suits

Step 6 Press and Media……………………………………………….42Points to Remember and Ideas to TryHow to Find Press

Step 7 Fundraising……………………………………………………46Sources of Funding

Step 8 Next Steps……………………………………………………..50

AppendixEnclosed in separate booklets



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Step 1:Educate Yourself and Others

If you aren't familiar with the factory farm issue, your first step is to educateyourself. There’s a lot of information to absorb, and many places to look for all therelevant information you’ll need, so make use of your local library and the Internet.

Both the web and your local reference librarian can be of invaluable assistance. Onceyou’re educated about the problem, you’ll be in a better position to help othersunderstand why CAFOs need to be stopped.

The following resources will help you find the information you need:

A. GENERAL EDUCATION

1. The Socially Responsible Agricultural Project (SRAP) website: http://www.sociallyresponsibleagriculture.org All you need to know to educate yourself is on the site, including links to many otherorganizations and local groups. If you have a slow connection speed, email

[email protected] and ask for a copy of the website on CD-ROM.

2. See Appendix B for fact sheets and handouts on the issues. You can copy theseand hand them out to your community or at meetings.

3. Stay up to date on the factory farm issue through newsletters and electronicnews digests. You can find some listed on the SRAP website at:

4. Talk with people who live near CAFOs. Take notes and include the dates andtimes that you spoke with them. Read the testimonials we’ve gathered from thesepeople, available online at:

5. Read reports and studies that have been published on factory farms. Some arelisted below; others can be found online at:

Electronic Newsletters

• Farmed Animal Watch [email protected] (type the wordSUBSCRIBE and your last name in thesubject line of your email)

• Center for Rural Affairs

http://www.cfra.org/newsletter/default.htm

• Rural UPdates!http://www.familyfarmer.org/sections/ruralsubscribe.html



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B. READING

Essential Reading Materials

Dr. John Ikerd's papers

http://www.ssu.missouri.edu/faculty/jikerd/papers/default.htm Dr. Ikerd is a retired Professor Emeritus of Agricultural Economics at University of Missouri, Columbia, College of Agriculture, Food and Natural Resources. Make sure toread his Top Ten Reasons for Rural Communities to be concerned about Large-scale,

Corporate Hog Operations. (Included in Appendix B)

Ce s s p o o l s o f S h am e http://www.nrdc.org/water/pollution/cesspools/cessinx.asp Documents how animal waste from factory farms threatens our nation's rivers andhuman health. (Natural Resources Defense Council and Clean Water Network, July2001)

Cl e a n W a t e r a n d F a ct o r y Fa r m s

http://www.sierraclub.org/factoryfarms/ An overview of the environmental, health, and social problems caused by CAFOs.Includes activist resources and information - make sure to read the "Low PlainsDrifter" section - organizer Ken Midkiff's diary from his road trip across the West.(Sierra Club)

Am e r i c a 's A n i m a l Fa c t o r i e s : H o w S t a t e s Fa i l t o P r e v e n t P o l l u t i o n f r o m

L iv e s t o c k W a s t e http://www.nrdc.org/water/pollution/factor/aafinx.asp Describes the environmental pollution generated by animal factories in 30 states.Also includes an index of state activists working on the CAFO issue. (Report by theClean Water Network and Natural Resources Defense Council, December 1998)

Fa r m A n i m a l H ea l t h a n d W e l l - Be in g : S u p p l em e n t a r y L i t e r a t u r e S u m m a r y

a n d T e ch n i c a l W o r k i n g P a p e r f o r t h e M i n n e s o t a Ge n e r i c En v i r o n m e n t a l

I m p a c t S t a t e m e n t o n A n im a l A g r i cu l t u r e http://www.eqb.state.mn.us/geis/LS_AnimalHealth.pdf Describes the adverse impacts of routine agriculture industry practices on farmanimals’ ability to grow and reproduce, and proposes that farm animal welfare isimportant to both human and animal health. Includes information from scientificstudies about poultry, cattle and hogs, and discusses alternative practices to improveanimal wellbeing. (Marlene Halverson, prepared for the Minnesota Planning AgencyEnvironmental Quality Board, updated June 2001, 325 pages.) (Note: You must haveAcrobat Reader version 5.0; download time can be long.)

Reading Materials about Community Organizing

F iv e L o c a l S t r a t e g i e s t o K e e p CAFOs O u t http://www.sierraclub.org/factoryfarms/resources/strategies.asp Successful strategies from Missouri that could help your community. (Sierra Club)

R u r a l Com m u n i t i e s a n d C A FO s : N e w I d e a s f o r R e s o lv i n g C o n f l ic t http://www.kerrcenter.com/HTML/pub2.html#CAFO



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This 56-page report is a must-read for background information. In addition todescribing alternatives to fighting CAFOs through litigation, the report covers topicssuch as nuisance laws, right-to-farm laws, odor, environmental regulation of CAFOs,and state efforts to limit CAFO growth. (Kerr Center for Sustainable Agriculture,Principal Investigator, James E. Horne, Ph.D., September 2000).

W h e n I n d u s t r i a l A g Com e s t o T o w n The Land Stewardship Project Guide to fighting a CAFO. You can receive the full 35-page guide by sending $6 (checks made payable to LSP) to Land StewardshipProject, 2200 Fourth Street, White Bear Lake, MN 55110. Call 651-653-0618 or visithttp://www.landstewardshipproject.org. LSP publishes excellent fact sheets andreports - for a list of these and ordering information, visit:http://www.landstewardshipproject.org/resources-main.html#publication.

Cattle and Dairy Reading Material

A C it i z e n ' s Gu i d e t o t h e R e g i o n a l Ec o n om i c a n d E n v i r o nm e n t a l E f f e ct s o f

L a r g e Co n c e n t r a t e d D a i r y O p e r a t i o n s This guide helps citizens and environmental groups evaluate applications forconcentrated dairy operations. (Bill Weida, November 20, 2000)

Er a t h C o u n t y ' s B o o m i n g D a i r y I n d u s t r y P o l l u t e s Te x a s ' W a t e r w a y s

http://www.txpeer.org/toxictour/erath.html This website describes the devastating impact of factory farms in Erath County,Texas, home to over 200 dairy feedlots. The site includes downloadable videofootage documenting the community’s struggle. (Texas Public Employees forEnvironmental Responsibility)

Hog Reading Material

T h e P r ic e W e P a y f o r C o r p o r a t e H o g s

http://www.iatp.org/hogreport/ A report on the impact of the industrialization of hog production that emphasizes thehistorical and political-economic context in which this industry emerged. The reportexamines the broader issues of rural community impact and is thus relevant to othertypes of industrial livestock production. Also provides ideas for alternatives andaction strategies. Appendix E of the report lists contact information for CAFO activistsaround the country. (Marlene Halverson, published by the Institute for Agricultureand Trade Policy, July 2000)

T h e Ef f e c t s o f I n d u s t r i a l Sw i n e Pr o d u c t i o n

http://www.kerrcenter.com/HTML/pub2.html#CAFO An informative presentation for civic, public policy or agriculture groups - includesfacts about pork production and sections on adverse environmental outcomes, publichealth effects of neighbors, occupational health effects, effects on communitydynamics, and solutions. Packet includes a color brochure, 140 slides, and anaccompanying narrative. (Amy Chapin and Charlotte Boulind. For more informationcontact The Kerr Center at 918-647-9123 or [email protected]. Price isaround $40.)



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Poultry Reading Material

W a s h i n g t o n P o s t T h r e e P a r t S er i e s o n Po u l t r y P r o d u c t i o n a n d P o l l u t i o n

http://www.washingtonpost.com/wp-srv/local/daily/aug99/chicken1.htm Describes the impacts of large-scale poultry production in the Delmarva Peninsula.Includes links to other poultry information resources. (August 1999).

P o u l t r y o n t h e Po t o m a c

http://www.wvgazette.com/static/series/poultry/ A special series on poultry production in West Virginia's Potomac Valley, whichproduces nearly 90 million chickens a year. The Potomac River is said to be one of the top 10 most polluted rivers in North America. (The Charleston Gazette, 1997)

Miscellaneous Reading Material

A Gl o s sa r y o f A g r i c u l t u r a l Te r m s , P r o g r am s a n d L a w s

http://www.house.gov/agriculture/info/glossary.html In addition to defining terms and phrases with specialized meanings for agriculture

(e.g., food programs, conservation, forestry, environmental protection, etc.), theglossary identifies acronyms, agencies, programs, and laws related to agriculture.(House Committee on Agriculture)

Videos and Presentation Materials

Featured Videos

An d O n T h i s Fa rm

Focuses on the effect of factory farms on independent family farms and ruralcommunities. Also discusses economics, the impact of pollution on humans and theenvironment, agriculture regulations, and animal welfare. Though filmed in Lincoln

Township, Missouri, the story is relevant to any community facing factory farms. Toobtain a copy, please contact Wendy Swann at the Animal Welfare Institute: 202-337-2332. $15 per copy. 28 minutes. (1998.)

H o g F a ct o r i e s : Co r p o r a t e I n j u s t i ce In-depth program on the factory farm issue and associated problems, particularly theimpact of improper manure disposal and the devastating effects on humans and theenvironment - including water and air pollution. Though filmed in North Carolina, thestory is relevant to any community facing factory farms. Please Note: viewers mayfind some of the graphic factory farm footage upsetting. 22 minutes. (Earth Rescue,television program on the Outdoor Life Network, November 2001.) [email protected] for a viewing copy.

L iv i n g a N i g h t m a r e : A n i m a l Fa c t o r i e s in M i c h i g a n

Produced by the Michigan Chapter of the Sierra Club, this video provides a detailedaccount of the devastating impacts of factory farms on local communities. The videoincludes interviews with longtime Michigan residents whose health, environment, andquality of life were dramatically impaired by the construction of neighboring factoryfarms. Watch the video online on Google Video:http://video.google.com/videoplay?docid=-3176184587819334935&q=sierra+club+michigan. 24 minutes. (Sierra Club, 2006.)



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T h r o u g h F a r m e r s ’ Ey e s : Th e I m p a c t s o f I n d u s t r i a l iz e d A g r i cu l t u r e

In 2003, Public Citizen sponsored a "factory farm tour" for nine farmers from aroundthe world in an effort to connect people who are working to stop inhumane,environmentally damaging factory farming. This video documents their travelsthrough the Midwest and their reactions to the industrial model of farming that isstarting to invade their own countries. Contact: [email protected] or 202-

797-6550 to receive a free copy - please specify DVD or VHS. 22 minutes (PublicCitizen, 2003.)

O v e r u s e o f A n t i b i o t i c s in A n i m a l s Excellent introduction to the issue of antibiotics in agriculture and how overuse isaffecting us all. Good for organizational and educational meetings. [email protected] for a copy. 8 minutes. (Sierra Club, December 2002.)

Other Videos

A T im e t o A c t f o r F a m i l y Fa r m s A documentary about the farm crisis in America that illustrates the value of family

farms and the forces that threaten their existence. Covers sustainable farming andtells the story of five families to show how immediate action can reverse the declinein family farms and rural communities if policy changes are made. Contains nographic imagery; suitable for children, 6th grade and up. Running time: 26 minutes.$5 to rent or $10 to purchase. Contact the Center for Rural Affairs at 402-846-5428or 101 S. Tallman St, PO Box 406, Walthill, NE 68067.

Ba co n , l e Fi lm Information available at www.nfb.ca. The film was originally made in French, but isnow available in English.

T h e Ef f e c t s o f I n d u s t r i a l Sw i n e P r o d u c t i o n : A S p e a k e r ' s Pa c k e t

http://www.kerrcenter.com/HTML/pub2.html#CAFO Written by two graduate degree candidates at the Yale University School of PublicHealth, the packet includes a color brochure, 140 slides, and a written narrative togo with the slides. Also may be available as a PowerPoint presentation on CD-rom.An informative presentation for civic, public policy or agriculture groups; includesfacts about pork production, and sections on adverse environmental outcomes,public health effects on neighbors, occupational health effects, effects on communitydynamics, and solutions. For more information and availability of the packet contactthe Kerr Center for Sustainable Agriculture at 918.647.9123 [email protected].

P e o p l e, Pi g s a n d P o l i t i c s : Cl e a n i n g u p t h e H o g I n d u s t r y i n N o r t h C a r o l in a

A video from Southern Environmental Law Center, 201 W. Main Street

Charlottesville, VA 22901, [email protected]. Call to order 804-977-4090; $10 percopy. 19 minutes. (1998.)

T h e P i g Pi c t u r e

http://www.hfa.org/photo/video_gallery.html Produced by the Humane Farming Association, this powerful video traces thedevelopment of commercial pig rearing in America – from the small-scale familyfarms of yesterday to the corporate-owned pig factories of today. Does not containscenes of animal slaughter and is suitable for group or school showings. To obtain a



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copy, email [email protected] at the Humane Farming Association, (415) 485-1495. Cost:$15 per copy. 18 minutes. (1995.)

T h e T r u e C o s t o f F o o d

http://www.truecostoffood.org/ A 15-minute animation that compares food produced in factories to food raised

sustainably, and describes how tax dollars and subsidies mask the true costs of seemingly low-priced food. Email [email protected] for a copy on DVD.

W a t e r k e e p e r A l l i a n c e P r e s en t a t i o n Video of a presentation by Robert F. Kennedy Jr. and Rick Dove at St. Olaf College,Northfield, MN on December 11, 2001. The focus of the talk is feedlots and factoryfarms, and their effect on family farmers' livelihoods, rivers and streams, groundwater, and human and animal health. The video is just under 3 hours, and includesfootage of a press conference. Cost: $25 on VHS, shipping included. Available on one3-hour tape or split to 2 tapes by request. Real Life Video, PO Box 81703,Minneapolis MN 55458-1703.



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Step 2:Organize Your Community

Once you’ve educated yourself about factory farms, the next step is to organize yourcommunity. First, check for other groups that have already formed in your area.Hundreds of grassroots organizations have formed over the past several years totake on factory farms at the community level. Visit SRAP’s state information pages tofind groups in your state. In addition, Idealist http://www.idealist.org has a list of nonprofit organizations around the world. Joining an existing group is usually easierthan starting one from scratch.

If you can't find a group to join, then start your own. If your community is unfamiliar with the factory farm issue,arrange a public informational meeting to find and educateneighbors interested in joining your group. You can setthis up yourself or with others in your community who

share your interests.

Meetings do not have to be fancy or formal - they cansimply be a small get-together among neighbors todiscuss the issues. Some groups have gathered at local schools or libraries, othershave used barns, shops or garages. Find a place that is quiet and withoutdistractions such as phones, young children, or other potential interruptions.Restaurants, coffee shops and other commercial public places are usually poorchoices unless they have private meeting rooms. If you think the meeting will last formore than an hour or two, provide refreshments or encourage everyone to bringsomething to share.

If you decide to form your own group, make every effort to maintain a workingrelationship with any other groups in your area. It is critically important to present aunified front of opposition to the CAFO. Consider forming an alliance of all the groupsin your region to coordinate your activities and support each other. Working togetheris vitally important and will make the efforts of all groups more productive.

Once you are organized, please send information about your group [email protected] if you would like to be listed on our web site. We encourage youalso to email us to arrange to speak with a Socially Responsible Agricultural Project(SRAP) consultant. Please make sure to send your full contact information, includingname, address (including the state and county you live in), and telephone number,so a consultant may contact you. In addition, the SRAP website,

www.sociallyresponsibleagriculture.org, is full of information to assist you.

If your community is already familiar with the factory farm issue, and if you alreadyhave a group of people interested in helping out, you can skip the publicinformational meeting and start by holding a group organizational meeting.

RELATED RESOURCES

Check out the web sitesof these activecommunity groups:

• F.A.R.M. (Illinois)• C.C.I. (Iowa) • C.C.O.C.E. (Canada)



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2a:How to Hold a Meeting

Plan the meeting

•

Determine logistics for the meeting: when, where, what time, etc.

• Determine who you want at your meeting. For a public meeting, youwant as many people as possible (read more under 2a). If you are developingstrategy, you only want core members of your group (read more under 2b).Determine your audience first - that will help determine the agenda, who'sinvited, the type of advertising, etc.

• Develop an agenda. (See Appendix D-1 for a sample.) Write down theitems you wish to cover and print copies for anyone helping out - this will helpyour focus and keep the group on track. Make sure to bring the agenda withyou to the meeting!

For a public meeting, keep your agenda short. Focus on a few main points soyou don't overwhelm the audience. Your agenda can cover information you'vealready uncovered about the operation, a background on the factory farmissue in general, and a brief talk about what you would like to accomplish bycreating a group.

Set up time toward the end of the meeting for a question and answer (Q&A)period, and use this time for issues not on the agenda. If, during the meeting,anyone strays, let them know you will address their questions or concernsduring the Q&A session. If you cannot answer a question, simply say you willget back to them with an answer later. Move on to the next question.

Have someone speak who has experience fighting factory farms. They canshare insight on their successes and failures. Contact the Socially ResponsibleAgricultural Project at [email protected] for help in finding someonesuitable.

Advertise the meeting

• Phone your neighbors to let them know about the meeting.

• Create a simple, one-page flyer, voicing yourconcerns and inviting people to the meeting. Postat supermarkets, schools, libraries, or any publicplace that has a bulletin board. Include yourcontact information on all fliers so people canphone with questions.

• Advertise in your local paper at least twice.

• Call your local radio and television stations andsee if they do PSAs (public serviceannouncements). If so, get them to advertise yourgroup’s public meetings.

Meeting MaterialsChecklist

• sign-up sheet

• fact sheets• documentation -

video/audio/note taker• agenda• presentation materials -

video, photos, charts



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Run the meeting

• Establish a few ground rules for the meeting. For example: no interruptingwhile someone else is speaking, no personal attacks, raise your hand tospeak, no repeating what's already been said, etc. The organizer isresponsible for making sure any guidelines are followed.

• Have a table by the door to the meeting. Put a sign-in list, nametags,handouts and fact sheets here. (See Appendix B.)

• Take notes at all your meetings.

• Record presenters at your public meetings, with either video or audio. Keepa file with tapes of all your meetings so you do not record over them!Determine a policy with regard to taping - some groups have had greatsuccess and have held officials accountable for broken promises. Other groupshave found taping to inhibit group members from speaking up. If you do tape,inform everyone who will be recorded.

2b:

Public Informational Meetings

Use this initial meeting to educate your community on the factory farm issue andmotivate them to help you confront the CAFO.

As people arrive, ask them to fill out the sign-in sheet and take a nametag. Providespace for their name, address, telephone number, email, as well as a column tocheck if they want to volunteer. Leave the sheet on a table by the door, with a bigsign. Mention the sign-up sheet at the end of the meeting, for anyone who arriveslate or forgets to sign up. Tell the audience that signing up does not commit them tobeing part of the group, but means that they will be contacted in the future.

Leave copies of the agenda at the sign-in table for those that want it, and make sureto read the agenda at the beginning of the meeting.

Provide information on the sign-in table about factory farms for people to take home.These can be brochures, hand-outs or fliers. Make a poster with photos of localCAFOs, and enlarge the pictures to 11x17 so people can see them better. VisitSRAP’s website for printed materials and photos, and feel free to make as manycopies of these as you need (also see Appendix B for materials).

Recommended for a public meeting:

• Videos. Show one of the videos recommended in the "Educate Yourself andOthers" section of this guide (Step 1).

• Experts. Have presenters talk about the social, environmental, and economicimpacts of factory farms. You may wish to have experts like soil specialists,microbiologists, economists, water quality experts, etc., on hand. Find localexperts that are established in and familiar with your area. While your nearestuniversity may have some of these experts, please note that agriculturedepartments at universities can be heavily funded by agribusiness, so theymight not sympathetic to your cause. However, it’s worth a try, and theBiological Sciences department may be your best bet. Make sure you know



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where presenters stand on the factory farm issue before you invite them tospeak.

• Testimonials. If possible, have someone speak who lives next to a CAFO. If you can't find someone to speak in person, film them beforehand, or getwritten statements about their experiences.

• Politicians. Invite your local elected officials. Display a chair with their name

on it; if they don't attend the meeting, keep it there for all to see. Remember,however, to always be diplomatic with public officials and politicians.

At the close of the meeting, set a date and time for a follow-up meeting. Hand out abulletin summarizing your concerns. Make sure to include your name and contactinformation on the flier.

2c:

GROUP ORGANIZATIONAL MEETING

This focus of this meeting is to begin organizing your community and to determinewhat work needs to be done. You might need several meetings before you can assign

all the work listed below, so don’t worry about doingeverything in the first meeting.

Invite everyone who attended your public informationalmeeting to join the group. Post fliers around town andadvertise in your local paper again for this meeting toreach people who may not have seen previous ads butwho could be interested in joining the effort.

For whatever stage your group is at, be it choosing aname or launching your website, divide the discussioninto three parts - brainstorming, evaluating and

deciding. During the brainstorming process, anything goes; no matter how unusualan idea might seem, just record it on paper. Sometimes the most unusual ideas leadto the ones that end up working. Place an easel with large sheets of paper at thefront of the room and write the ideas down for everyone to see. During theevaluating phase, participants discuss the ideas and rank in order of importance.During the decision phase, the group agrees on which ideas to pursue.

1. Assign Duties

Divide up responsibilities so work is shared. Overwork and burnout can lead toproblems and ultimately hamper productivity, so be sensitive to members' family andwork commitments. Be flexible and understanding if a member cannot fulfill their

duties, and have some type of backup plan so necessary work gets done.

• Spokesperson. This person communicates well and represents the entiregroup. S/he must be willing to delegate work and encourage others, notdominate. S/he can be elected as the President or Executive Director of thegroup. This person must be comfortable with the media, and work well inpublic and in front of cameras.



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• Press and media. One or more people are needed to develop relationshipswith the press, send out press releases, organize media events, and get asmuch exposure as possible for the issues. (For more information, see Step 6.)

• Officers. Appoint people to other positions, such as secretary and treasurer.The secretary will take notes at meetings and circulate to all, including people

who could not attend.

• Coordinators. Select one or two people to be coordinators so groupmembers can stay in touch and act as a team. A successful organizationkeeps people informed and encourages participation. Make a workable phonetree and use it to convey new information to your group. (See Appendix D-

3.)

• Researchers. Assign people to work on gathering information and contactinglocal officials. Develop a list of concerns regarding the facility, includingenvironmental, economic, health and social impacts. Issues to be consideredinclude: water and soil contamination, air pollution from odors, gases anddusts, loss of family farmers, property devaluation, tax credits, exemptions,

enterprise zones, road degradation and increased traffic. Write them down inorder of importance to your group. Have members appointed to researchinvestigate the different objections. (Details on how to do this can be found inStep 3.)

• Facility liaisons. Select a couple representatives to talk with the facilityoperator/owner. Consider having the owner/operator attend a group meetingto hear community concerns.

2. Establish Who You Are

• Name your group. This will help the media, elected officials, and the public

identify you. Many use acronyms to identify themselves; for example, FARM(Families Against Rural Messes) or ARSI (Alliance for a Responsible SwineIndustry). The name you choose is important, so spend some time deciding.

• Develop a campaign slogan. This slogan will be used again and again, andwill help people identify you. Examples include Farms Not Factories;Illinois - Land of Stinkin'; Family Farms, not Factory Farms. Rememberto keep it simple, and keep the number of slogans you use to a minimum.You want the media and your community to recognize you through yourslogan – using too many can be confusing.

• Organize a fundraising dinner, bake sale or a raffle to pay for expenses.(See Step 7.)

• Develop a Q&A list of citizen questions and concerns to provide ideasand facts to participants during hearings and public meetings. Localizeinformation by having members of your community fill out a questionnaireabout their feelings, opinions, and experiences with the proposed or existingfactory farm. (See Appendix D-2.)

3. Communications and Outreach



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• Develop a petition listing the reasons you areopposed to the facility. The petition itself probablywon't stop the CAFO, but it can let facility ownersand local/state government officials see this is acommunity problem, not one person's complaint.This is also a good way to collect names and

addresses of people interested in the issue. Neverthrow away your petitions, no matter how muchtime passes. They can be used at a newsconference or in testimony to help pass a localresolution against a CAFO. (See Appendix D-4.)

Restrict signers to those 18 years of age and olderwho live within the county/municipality. This givesthe petition more credibility. Ask for volunteers togo to your local shopping area, Main Street, orother high traffic areas to get signatures. If youknow storeowners sympathetic to your cause, seeif you can leave petitions in their store. Don't

forget to pick them up!

If you're short on time, place the petition in yourlocal paper. A large ad that people can cut out andmail to you is a great way to get people's attention. Run the ad at least twice,in case people miss it the first time.

• Build coalitions. Speak with members of your community; try to botheducate them and get them to join your organization. Partnering with localnonprofits is a good way to reach a larger number of people. Get theseorganizations to support your cause or at least distribute information to theirmembers. Visit http://www.idealist.org for a list of some nonprofit

organizations in your area.

• Create a flier or brochure. Use short factoids,quotes from testimonials, or any concisepresentation of the information you’ve gatheredin order to explain the potential impact of afactory farm on your community. Always usecredible and documented facts. Keep a file of allyour sources, even if you footnote yourbrochure. Distribute these fliers to individuals,groups and elected officials. Find sympatheticlocal businesses, like restaurants or stores, whowill put out your brochures. Mass mail them to

surrounding communities. You can find facts tohelp you create a brochure in the Appendix B handouts and also by visiting SRAP’s Facts andData page.

• Establish an email list. Also called a listserv,this is an effective way to distribute informationto your members. Go to http://groups.yahoo.com/ and register for free tostart a listserv. Assign one person, perhaps the secretary, to post short,

Groups to seek out for

coalition-building

• Consumer• Environmental• Clubs (garden, book,sports)• Food Co-ops• Local chapters of nationalgroups• Minority• Neighborhood groups

• Political andGovernmental• Professional Associations(medical. business, etc.)• Religious• Senior Citizen's groups(AARP, senior communitiesand residences)• School Associations (PTA,alumni)• Unions• Veterans• Wildlife• Women's• Youth and Student (4H,college)

Tips for Creating

Web Sites

Creating a Successful Web Page Geared toward beginnersand very well done;specifics on what to do andwhat to avoid in order tomake people come to yoursite, stay at your site, andcome back again.

Internic The official site to researchyour Internet domain name(address) and registrar.One registrar (among manyoptions) is Network

Solutions.The List

A comprehensive list of Internet Service Providersin the US and Canadasearchable by area code orstate or province.



17

weekly updates to keep members up to date. If a member does not haveaccess to a computer, the secretary may have to call with updates.

• Create a web site. It's a great way to get information to your community, agood resource for the media, and a simple way to connect to other factoryfarm groups across the country. If you create a website, email the web

address to [email protected], and we'll link to your site. Make sure that anyclaims you make on your website are backed up by solid facts, and keep yourgroup’s strategy in mind when posting information to your site, because allinformation there will be available to the public. Web sites can become veryexpensive if you pay someone to design and upkeep them, so try to find avolunteer with web experience, or teach yourself. Many companies that offeremail accounts, such as Yahoo, also offer free web space and simple tutorialson how to create a site.

• Set up meetings with local elected officials, including both your state and

national representatives. See Appendix D-5 for tips on arranging a meeting.Make sure to record these meetings and make their results public.

• Submit letters of concern to county officials. Keep a copy for your filesand give a copy to others in your group so they can also submit similarletters. Letter writing is a good option for concerned community memberswho would rather not get publicly involved.

• Collect testimonials from people living near a CAFO. Hearing someone'spersonal story about living near a factory farm helps people understand theproblem, and these are very effective at meetings, news conferences,hearings, etc. (See Appendix D-6a and D-6b for examples.)

4. Taking Care of Business

• Determine a regular meeting time, whether it be once a week or once amonth. Try to pick the same day and time to make it easier for your membersto remember. Use your phone tree to remind members of each meeting a dayor two in advance.

• Consider your status. Decide whether or not your group wants toincorporate and file for tax-exempt, nonprofit status, commonly referred to asa 501(c)(3). For more information, see:

o BoardSource http://www.boardsource.org/ (formerly The NationalCenter for Nonprofit Boards)

o

Internet Nonprofit Center http://www.nonprofits.org/ o About.com's Nonprofit section

http://nonprofit.about.com/?once=true& o The Community Environmental Legal Defense Fund (CELDF) has

written a guide called Forming a Non-Profit 501(c)(3) Federally Tax

Exempt Corporation in Pennsylvania to Pursue Environmental or Citizen Activism. It's specifically written for Pennsylvania but hasuseful information for people in all states.http://www.celdf.org/Default.aspx?tabid=101



18

o Many books have been written about starting a nonprofit - try abookstore or your local library. Make sure you understand the differenttypes of nonprofits. (See Appendix D-7 for a brief overview.)

• Keep accurate records for all business and financial transactions. Recordthe date and time of phone calls, meetings or any event of significance; you

may need to refer back to them at some point. Keep a list of importantcontact information, either on a computer or a rolodex, and keep notes fromcalls and meetings in a spiral bound notebook. For extra help gettingorganized, look for a Small Business Association (SBA) in your area with:http://www.sba.gov/services/. SBAs are government-funded organizationsstaffed by retired business executives - you might find help in organizing yourgroup for no charge.

• Have a realistic approach to finances. Decide how to handle expensesbefore they arise. How will money be handled? Will each person pay amembership fee, with extra money coming from fundraising efforts? Or willeach person give as they see fit? Do you want to have a separate bankaccount for the group's money? What is your procedure when an unexpected

expense occurs? How will you determine what your money will go toward?Answer these questions upfront, before a situation occurs; otherwise, yourgroup might end up with financial problems and disagreements that couldundermine the organization's cohesiveness.



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Step 3:Gather Information

Before you begin to plan your campaign and develop a strategy, you must determinethe best way to approach the issue. Each factory farm is different, as are the varioustown, regional and state regulations which address CAFOs. Gathering the informationyou will need to fight your local factory farm may begin to feel like the mostdaunting task in this project, but it is by far the most important.

This section includes the following:

3A Getting Started

This will introduce you to two of the more common ways to expose the harm done byfactory farms: by monitoring land devaluation and water pollution.

3B Where to Look

This provides a comprehensive listing of local and national sources for the legalinformation important to your case.

3C What to Look For

This provides an exhaustive list of all of the information to look out for, from specificsabout agribusiness corporations to the state and national regulations that may affectyour case.

3A Getting Started

1. Land Appraisal

Have your land or property appraised by a certified, licensed appraiser or, if one isnot available, a certified real estate agent. Gather all concerned neighbors and haveall neighboring properties appraised as well. It is important to do this before theCAFO is operational. Let the CAFO owner/operator, county commissioners, countyassessor, county health boards, and zoning boards know that you plan to holdsomeone accountable for decreases in your property value after the factory farm isoperational. (See Appendix E-1 for a sample letter to use for a contract grower.)

If the CAFO does begin operating, and you have provided the CAFO owner/operatorand public officials with documented information that your property value hasdecreased, you may be able to hold the CAFO owner/operator or public officialsfinancially accountable for the loss. (See Appendix E-2 and E-3 for moreinformation on property values.)

File the record of any loss of property values with the recorder of deeds and ask yourassessors office to reduce your property taxes. Let your local press know.

2. Water Monitoring



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Perform water quality tests on all neighboring wells, rivers, streams or tributaries inthe vicinity of the proposed CAFO to establish baseline data before the facility beginsoperation. Include tests for E coli and fecal coliform counts. Once the CAFO is inoperation, testing should be done on a routine basis to clarify the impact the CAFO ishaving on the water quality. It is critical to have the baseline data beforehand inorder to compare it to data gathered from local waterways after the CAFO is

operational.

Tests should be done by a certified laboratory or Public Health Department, or maybe done by private individuals who have been certified through state or federalprograms as volunteer water quality monitors. Certification allows volunteer reportsto be reported to state agencies as well as the federal EPA.

3. Legal Assistance

Many groups have been successful in deterring a CAFO by monitoring the water andgetting their land appraised, and having an attorney send a letter to theowner/operator. Have the attorney state that if property values and/or water quality

are affected by the operation, legal action will be taken. (See Step 5 for informationand resources on litigation and lawyers. Try to find a lawyer who will work with you"pro bono" - free of charge.)

3B Where to Look

Each state has different procedures and systems in place for permitting andregulating CAFOs. Some areas regulate at the state level, others regulate at local orcounty levels. It's very important to research every available resource to becomefamiliar with the laws and regulations in your area. In addition, the review process,the enforcement, the requirements, and the implementation of any plans or permits

filed vary greatly from state to state. Below are suggestions on the type of information to look for and where to look for it, but be open to other ways of findingout information about the factory farm and the operator.

1. Libraries

When looking for information, never underestimate your local reference librarian -s/he is usually a wealth of knowledge and can help with some of your research. If the local public library can't help out, try visiting your local university library - callahead to make sure there is public access to the facility.

2. Government Agencies

Ask each of these government bodies for general information or regulations forCAFOs as they apply to that organization. For example, ask your Health Departmentfor information or regulations on the health impact of CAFOs. Ask each organizationif they have any specific information/complaints on the CAFO you are investigating.The following section (What to Look For) explains this in more detail.

For suggestions on how to contact different government bodies within your state, goto SRAP's state information page. The main page lists national resources. Click on



21

your state for specific information about your area and links to many of the stateoffices mentioned below.

Government Agencies

• County Recorder of Deeds • Local County Government/Township Zoning office, including

Planning and Zoning Boards and Zoning Commissioners • Local, regional and/or state health departments • Department of Environmental Quality, or Department of Natural

Resources • Department of Economic Development (exemptions, tax credits,

enterprise zones, etc.) • Regional Natural Resource Conservation Service (NRCS) • State Department of Agriculture • Secretary of State • State Constitution and Bill of Rights (statutes, classification of

water and water rights) • Regional United States Geological Service (USGS)• Regional office of Army Corp. of Engineers • Regional office of Environmental Protection Agency (EPA)

Check to see who has the delegated authority to implement thefederal programs and permits, i.e., National Pollution DischargeElimination System (NPDES) permits. Usually, whatever agency isin charge of the NPDES permitting will be the agency you need tocontact for much of the information you are seeking.

• National Environmental Protection Agency (EPA) • United States Department of Agriculture (USDA)• US Security and Exchange Commission (SEC)

3C What to Look For

1. Requesting Information

Obtain all available information filed by the proposed CAFO operator, as well ascopies of all applications or permits. You might not get all the information you need

right away, so keep checking for new or more updated data. Below are suggestionsregarding the type of permits, plans and information you should look for. Since eachstate operates differently, you will have to research the procedures for your state.Do not assume that information supplied by the CAFO is correct - get independentverification whenever possible.

If you are having difficulty getting information from State and Federal Agencies, tryusing the Freedom of Information Act (FOIA). The Freedom of Information Actgenerally provides that any person has a right of access to federal agency records. It



22

is enforceable in court except for records that are protected from disclosure by thenine exemptions to the FOIA. Be aware that using a FOIA takes a lot of time - startas soon as possible! See Appendix E-4 for more detailed FOIA information and howto apply.

If you want to check for hazardous materials at a CAFO, see if the operation has filed

a SARA Tier I, Tier II or Tier III (Community Right to Know) report with your stateemergency response division or department of Environmental Quality. (SeeAppendix E-5 for more information.)

2. Logistical and General Information

Fill in the following information as completely as you can. See Appendix E-6a for aprintable version of the form. Information to look for includes:

• Proposed Developer• Type of facility (hog, dairy, poultry, etc.)• Number of animals proposed at facility

• County and state facility where CAFO is proposed • Structure of the local government• Location and Acreage of Proposed/Established Facility

o Nearest city/town and current populationo Number of people living in 10-mile radius of facilityo Location and distance of nearest freewayo Location and distance of nearest railroado Location and distance of nearest grain elevatoro Location and distance of nearest hospitalo Investigate and list nearby entities that will be affected by the CAFO

including all home residences, established businesses, nearby schools,day care centers, nursing homes, churches, and tourism sites includingparks, recreational areas, swimming and fishing refuges. (Obtain acopy of a town map from the local library or county office and marklocations and distance).

• Type of waste storage system to be utilized (lagoon pits or holding ponds). • Geology of ground and soil type (including tributaries, streams and rivers,

other water bodies and underground water sources).• Discern how dead animals will be handled, i.e., incinerated, composted, or

stockpiled and hauled away.• Economic development promise

o Is the proposed operator promising that the CAFO will bring economicbenefits to the area?

o What kind of benefits? o Is the proposed operator promising the CAFO will buy local feed,

goods, and services? • Crops

o Types of crops grown in the area? o Will the facility grow crops? o Number of pounds of nitrogen applied to land for their crops?

Logistical and General Information Resources



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Enviromapper Provides information on water discharges; air releases; churches, hospitals, schools and populatedplaces; counties, states, streets; rivers, streams, watersheds and water-bodies; major roads andinterstates; railroads; and federal lands. (US Environmental Protection Agency)

Local Area Unemployment Statistics Includes types and number of schools in the nearest community, e.g., primary, secondary,community college, etc. (Bureau of Labor Statistics US Department of Labor)

National Agricultural Statistics ServiceU.S. state and county level agricultural statistics for many commodities and data series. Includesstatistics on number of cattle, dairy, hogs, poultry, crops and farms. (USDA)

National Soil Survey Center

National Soil Survey Handbook Provides the standards, guidelines, definitions, policy, responsibilities and procedures forconducting the National Cooperative Soil Survey in the United States. (Natural ResourcesConservation Service, a division of the USDA)

1997 Census of Agricultural Profiles

Provides land size, number of farms, average size of farm and market value of products sold foreach county and each state in the country. (USDA)

Published Estimates Data Base U.S., state, and county level agricultural statistics for many commodities and data series. Includesstatistics on number of cattle, dairy, hogs, poultry, and farms in each state and county, as well ascrops. Site is still under construction so not all areas are available yet. (National AgriculturalStatistics Service)

Techniques for Tracking, Evaluating and Reporting the Implementation of Nonpoint SourceControl Measures - Agriculture (EPA Office of Water)

US Census Bureau Has information on nearest city and town, and current population.

US Census Bureau County Population

Warning Letters for Dairy Companies Compilation of warning letters issued to dairies by the US Food and Drug Administration.

3. Corporate and CAFO Information

If your neighbor is starting the CAFO, s/he is probably under contract to a largecorporation. Look for Financial records, liens, security statements and information on

the company behind the proposed CAFO. Investigate the past track record of anyinvestors as well as the operator. When one group discovered that someirresponsibly-run CAFOs in other states were owned by the proposed operator intheir case, they took photos of these poorly run operations and offered them to theirelected officials and local press. Residents in the other state also signed affidavitsabout odors and other environmental problems.

Information to look for includes:



24

• Corporation Uniform Commercial Code (UCC) loans or liens on theoperation. This information may be found at the County Recorder of Deedsoffice or Secretary of State's office.

• Corporation filings as a state corporation, foreign or Delaware-basedcorporation. (This may be found at the Secretary of State's office). If foreign

or Delaware-based, check Security and Exchange Commission (SEC) filings tosee if privately held or traded stock. If traded, filings will have a prospectus of the company and financial statements.

• Loans or funding provided for the CAFOs, programs to assist CAFOoperations (state or federal) or departments that may have the authority toregulate facilities.

Corporate CAFO Information Resources

Researching Your Farm Bureau and Factory Farms How to obtain Uniform Commercial Code (UCC) information and why that can be important. SallyJo Sorensen, NWU-UAW, Local Union 1981, Twin Cities Local 13.

What is Research? Tips on researching corporate agribusiness.

4. Local and/or State CAFO Regulations

• State Statutes and regulations relating to agriculture andconcentrated animal feeding operations (CAFOs) or animal feeding

operations (AFOs). The Legal Information Institute at Cornell University(http://www.law.cornell.edu/topics/state_statutes.html#agriculture) has asite devoted to state statutes. Look for any farming restrictions. At this point,

most states do not differentiate between family farms and corporate farms, solook for any restrictions or loopholes that a CAFO might use. Nebraska has acorporate farming law called Initiative 300; Colorado passed Amendment 14,regulating corporate hog farms; and Missouri has a corporate farming law butexempted three counties. Unfortunately, many states exempt farming fromsome regulations and allow CAFOs to hide behind these exemptions.

• Local or township resolutions See if your local government has passed any resolutions regarding theregulation of CAFOs/AFOs. If you can't find any local resolutions, try gettingone passed! (See Appendix E-8 for a sample resolution.)

•

Local ordinances, zoning ordinances or other land use bylaws thatmay have restrictions or clauses for CAFOs/AFOs Call your local zoning commission and find out if there are any zoning lawspertaining to your case. Zoning is the process of dividing land into "usedistricts" or zones, depending on the potential use and type of land, and thenature of the surrounding area. It is usually used to protect environmentallysensitive lands, recreation areas, economic development, and housing. (SeeAppendix E-9a for "Zoning Basics".)



25

Find out what the zoning restrictions are in your area and make sure theCAFO is following them exactly. Make sure the minimum distancerequirements are being met. If the operation is not, file a complaint with thezoning commission.

Get to know the people on your zoning commission- they can be great allies.

You can find out who your local officials are by finding your county's web siteon the Internet. If you do not have access to the Internet, try the blue pages,if you have them, in your local phone book. Get the name, address andtelephone number for all members of the county board, as well as the countyplanning and zoning commissioners. Send information packages, including avideo on factory farms.

Ask the zoning official to describe exactly how the application will proceed inthe county. Remember to be diplomatic. Take notes and be sure to writedown the names and phone numbers of people you speak with. (SeeAppendix E-9b, E-9c and E-9d for sample ordinances.)

• Propose Legislation

If you find your state and/or county does not have any relevant laws orordinances regulating CAFOs, get legislation passed to protect you and yourproperty. Contact all village boards, township boards and county boards andpropose general zoning/permitting laws that will apply to the CAFO inquestion and any other similar industry/business in your area.

Unfortunately, many laws have agricultural exemptions and CAFO operatorshave used this to their advantage. They have also worked very hard toprevent having stricter legislation passed. However, other groups around thecountry have successfully overcome this opposition.

The procedure for developing a legislative bill for a state statute:

1. Work with various local and state groups to detail the legislative billthat is needed.

2. Find a sponsor - local representatives or others in the state legislature- to introduce the bill.

3. Once a bill is introduced and designated to a committee, thecommittee will hold public hearings and either pass or reject the bill.

4. The bill will have to pass both the senate and house, and reappear onthe house floor for a final vote.

5. If a bill fails in its original form, it may be rewritten and added as anamendment to another bill in another committee.

Samples of Proposed Resolutions:

You can use examples of legislation that have been passed in other areas toguide your group as it develops its own resolution or ordinances. A modelordinance is available from the Sierra Club at:http://www.sierraclub.org/factoryfarms/resources/model.asp

Local/State CAFO Regulation Resources



26

Anti-Corporate Farming Laws, the "Goldschmidt Hypothesis" and Rural CommunityWelfare Anti-corporate farming laws, such as Nebraska's Initiative 300, lead to fewer families in poverty,lower unemployment and higher percentages of farmers receiving cash gains from farming. Theresearch also indicated that, while low levels of agricultural industrialization tend to benefit ruralcommunities, these same communities suffer when industrialization and consolidation begin todominate a county's farm structure. (Dr. Rick Welsh of Clarkson University and Dr. Thomas A.

Lyson from Cornell University)

Community Environmental Legal Defense Fund (CELDF) Local Ordinance Drafting Lists a selection of ordinances, including the Southampton Anti-Corporate Farming Ordinance(Appendix D-9b).

1998 National Survey of Animal Confinement Policies Information regarding regulation requirements on a state-by-state basis. Designed andadministered by the Animal Confinement Policy National Task Force, representing land grantagricultural economists from a dozen universities and chaired by Mark Edelman, Iowa StateUniversity.

Regulation of Concentrated Animal Feeding Operations: The Legal Contex.Examines case law governing the use of zoning and land use controls as a means of regulating aCAFO’s location within a community. Also explores the use of health ordinances to regulate CAFOs.

(S. Mark White)

Recent Developments: Concentrated Animal Feeding Operations Examines recent case law governing the use of zoning and land use controls to regulate CAFOswithin a community. (S. Mark White, JD/ACIP)

State Farmland Protection Statutes by State (American Farmland Trust Farmland Information Center Library)

State Statutes in Agriculture State-by-state breakdown of agricultural statutes around the country. (Legal Information Instituteat Cornell University)

Swine Farm Zoning Notebook Contains statutes, regulations, ordinances and court cases addressing zoning, nuisance and animal

waste management issues for hog operations and other intensive livestock operations in NC, GA,IA, MD, MN SC, and VA. (North Carolina State University)

5. Health Ordinances

When the use of normal zoning regulations to control CAFOs was ruled illegal, WorthCounty, Iowa, passed a local health ordinance that accomplished the same end. Askyour Department of Public Health for laws, codes and/or ordinances relating to airand water quality, agriculture or CAFOs in particular. If you test the air and wateraround the farm and find it is not in compliance, file a complaint. This must be

performed by a state certified lab, but formally request an independent lab to drawand perform the analysis as well. Contact your regional or state health departmentfor guidance.

6. CAFO Construction Plans and Permit Applications



27

Do a record search of all files and communications for materials, maps, documents,applications, contracts, spreading agreements, emails and faxes supplied duringfacility applications for approval.

Things to look for:

• Land surveys of proposed facility by NRCS or USGS • Applications or approvals for land disturbance permits • Letters of Approval (LOA) • Any general permits or operating permits (including NPDES)

If the operator has filed a CAFO application, find out if the CAFO permit is forDiscretionary or Permitted Use.

• Discretionary Use: Even if the applicant has met all the necessaryrequirements as set out in the permit application, s/he must still show a CAFOis a good & appropriate use of the land and will not negatively impact the useof neighboring lands.

• Permitted Use: If the developer meets all the necessary requirements, s/hewill receive their development permit automatically as a matter of entitlementor right.

Most CAFOs are considered "discretionary use". This means that even if the facilitymeets all the guidelines set out in the permit requirements, it is up to the peoplegiving the permit to decide if the permit is a good and appropriate use of the land. If neighbors can prove the CAFO will negatively impact the use of their land, theproposal can be turned down.

If the CAFO permit is 'permitted use', the only way to fight the facility is to find outwhat the regulations are and determine if the application meets the criteria. There

should be an appeal process.

7. Waste Management Plans

Regulations often stipulate that the operator of the factory farm must have a wastemanagement plan, or a nutrient management plan, but there is no review orapproval process for the plan. This means plans are not filed at a local or stateagency; they are maintained onsite by the operator. You can file a formal complaintwith an authorized agency and demand the proposed facility provide a full andcomplete copy of the waste management plan.

Information to look for includes:

• Operator certification for waste management

• Type of manure lagoons; are they going to be deep pits under the buildings,or open air lagoons lined with a synthetic liner, or clay based liner?

• If enough land is available for spreading of the manure.

For example:

If the application is for a certain number of animal units (1000 pounds of animal equals 1 animal unit), calculate how many animals of the type to be



28

raised at the CAFO or could be placed at the site. For example, one animalunit equals two and a half 400-pound hogs. (400+400+200=1000). Statedanother way, each hog is .4 animal unit. Finishing hogs have an averageweight of about 135 pounds so 7 animals could technically be raised for eachanimal unit. However, animal unit calculations are used for political purposesto simply limit the size of some operations. So don't be surprised if you find

that each hog over 55 pounds is regarded as equaling .4 animal unit. In suchcases, just follow the guidelines provided by the state or county.

• The exact land location of manure application or stockpile areas.

• If manure-spreading contracts or agreements are in place, what is theirduration and who is responsible or liable for the application of manure.

• If lands are suitable for manure application.

• How will manure be applied; irrigated sprinkler, knifed into the soil, etc.

• How the manure will be transported; trucks, honey wagons, pipelines, etc.

• How often manure will be applied to the land and at what rate. Manure shouldnot be applied to frozen or saturated ground.

•

Are there any designated wetlands within the land application area? • If any abandoned/uncapped wells, sinkholes or mining sites are on the

proposed site or on manure application or stockpile areas.

If you cannot obtain a manure management plan, look for this information in theCAFO permit or application.

Manure Management Resources

Agricultural Waste Management Field Handbook Covers laws, regulations, policy and water quality criteria for handling agricultural waste. Alsoincludes the effects of waste on water, air and animal resources; the role of soils and plants, andwaste management systems. (Natural Resources Conservation Service, a division of USDA)

Waste Scorecard Find out how much waste is in your area. (Scorecard by Environmental Defense)

8. Water Permits

Most states require a permit for water wells or water usage, which are normallyhandled through a state engineer or state water engineer department. Usually, therequirements are minimal - the applicant provides the type of well being used andthe quantity of water required. The engineer evaluates the usage and amount of

withdraw on the aquifer, and determines if the permit will be issued and the amountof water that will be allocated to the permit. If the operation is tied into a municipalwater system, the local engineer simply evaluates the system's capacity to handlethe demand, with no additional oversight by any state agency.

Look for:

• Information regarding your aquifer and sensitive areas. How close is thefacility to waters or watersheds of the state or region, wetlands, floodplains,



29

playas, sinkholes, springs or other surface waters, wells, abandoned mines,drainage tile, etc.? Look for any threatened or impaired watersheds in yourstate. Talk with people in your community - they often know the lay of theland and the depth of the water table better than government officials.

• Identify all surface waters that will be near manure application sites. • Investigate and highlight proposed water usage from your water supply. Is

there an adequate water supply for the facility to operate? • Where they plan to obtain water • A water license (if required)

Water Resources

Groundwater and Drinking Water Information on your local drinking water system from the EPA.

Groundwater Atlas of the United States United States Geological Survey (USGS)

National Watershed Manual Sets forth the minimum requirements for administering the Watershed Protection and Flood

Prevention Act (Public Law 83-566). Authorizes the Secretary of Agriculture to cooperate with Stateand local agencies in planning and carrying out works of improvement for soil conservation andother purposes.

USGS National Mapping System Enter your county and state, select "stream" in the feature section (note: in the feature section,"stream" includes creeks, rivers, streams, ditches, and branches) to find a list of all waterways inthat area. Includes longitude and latitude.

United States Geological Service Real-Time Water Data Find out water levels and stream flows for surface water in every state. Includes longitude andlatitude.

Watersheds Find your local watershed. (EPA Office of Water)

9. Local, State and/or Federal Clean Water Act

An effective way to stop a factory farm from polluting your community is to pursueenforcement of the Clean Water Act (CWA). The CWA is a federal law developed toprotect our nation's water, including lakes, rivers, aquifers and coastal areas, byeliminating the discharge of pollutants. The CWA has identified factory farms asindustrial facilities and requires pollution control permits, but due to a lack of enforcement and loopholes in the current requirements, most large feedlots still donot have permits.

The law has not been enforced effectively enough to stop the manure spills, illegal

dumping, over-application of manure, and other violations that occur at factoryfarms. A facility is in violation if it has the potential to impact surface water or anunderground drinking water source - the facility in question does not have to directlydischarge into surface water to be in violation.

Suggestions for what you can do:



30

• The NPDES (National Pollutant Discharge Elimination System)

Program was established under amendments to the Clean Water Act. Section502 of the Act defines CAFOs as point sources of pollution and outlines theconditions under which they are required to obtain an NPDES permit. Contactyour local or regional Environmental Protection Agency (EPA) office and ask if an NPDES permit has been filed for the CAFO in question, and find out who

has the oversight authority in the state for the NPDES program.

• Water Quality Obtain a copy of all "impaired water bodies" or the "303(d) list" for your statefrom your state water regulatory agency or the US EPA regional offices foryour area. Every state has such a list. They can also provide you with a copyof the regulations that govern the impaired water body process. No new orexpanded CAFOs are allowed to locate in the drainages of impaired waterbodies unless very strict standards are met. If you know of such a new orexpanding operation in an impaired water body, report this to the stateagency, the regional office of EPA, and to Ken Midkiff, Coordinator of theSierra Club Clean Water Campaign (who will follow up with EPA-DC). Ken'semail is [email protected].

• Citizen Suits In order to start enforcement action against a facility, you must first exhaustall efforts at a local and state level by filing formal complaints and responseletters. If you do not get adequate response, you can then formally requestthe Federal/State EPA Agency to get involved.

This can be requested under the clean water act, which states:

o Clean Water Act - Title 33 - Chapter 1365 - Citizen Suits "Any citizen may commence a civil action on his own behalf -(1) Against any person

(including (1) the United States, and (2) any other governmentalinstrumentality or agency to the extent permitted by the eleventhamendment to the constitution) who is alleged to be in violation of (A) an effluent standard or limitation under this chapter or(B) an order issued by the Administrator or a state with respect tosuch a standard or limitation, or(2) Against the Administrator where there is alleged a failure of theAdministrator to perform any act or duty under this chapter which isnot discretionary with the Administrator."

And requires that:

o A 60-day notification giving the intent to sue has to be sent to theviolator or defendant and also to the EPA administrator. Within thattime, the violator may come into compliance or the EPA may file anaction against the violator. If the EPA administrator has commenced acivil or criminal action against the violator, any citizen can intervene asa matter of right. If the EPA administrator takes no action, then thecitizen's suit will go forward and EPA may enter the suit at any timethereafter.



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Clean Water Act Resources

Assessing the Risk of Groundwater Contamination from Animal Waste Management Worksheet to help you discover if a CAFO is contributing to water pollution. It includes definitionsthat will help you better understand technical language used by the EPA and other CWAenforcement agencies. (University of Missouri Extension)

Socially Responsible Agricultural Project Water Page Resources related to effects on water quality from factory farm pollution.

NPDES Information Fact sheets that include NPDES info for cattle, swine, poultry and sheep. (EPA Office of WastewaterManagement)

Government Oversight of Animal Feeding Operations To help familiarize people with issues and topics related to agricultural law. (National AgriculturalLaw Center, 2003)

Spills and Kills: Manure Pollution and America's Livestock Feedlots (Online Excerpt,Purchase)Between 1995 and 1998, ten states were surveyed for pollution incidents related to livestockfacilities. Where available, fish kill data - a clear indicator of water quality degradation - was also

gathered. (Clean Water Network)

10. Local, State and/or Federal Clean Air Act

The Federal Clean Air Act was first passed in 1970 and amended in 1990. Eventhough the Act is a federal law that covers the entire country, states do most of theenforcement. The EPA sets limits on how much pollutant can be in the air anywherein the country, but it's the State's responsibility to hold their industries accountable.Individual states can adopt stricter laws than the Clean Air Act, but they cannot haveweaker ones.

States must develop State Implementation Plans (SIPs), a collection of regulations

the state will use to carry out the Clean Air Act. The public must be involved in thedevelopment of each SIP. The EPA must approve each state's SIP, and they areavailable to the public.

In addition, a national permit is required for "larger sources" that pollute the air.According to the 1990 Clean Air Act amendment "A source can be a power plant,factory, or anything that releases pollutants into the air." States issue the permits,and if the state fails to carry out the Clean Air Act successfully, the EPA can takeover. These permits include information on which pollutants are being released, howmuch may be released, what steps the owner or operator is taking to reducepollution, including plans to monitor the pollution. Contact your state or regional airpollution control agency, or the EPA, for information on how to access these

documents.

According to the EPA,

"Public participation is a very important part of the 1990 Clean Air Act. Throughout the Act, the public is given opportunities to take part in determining how the law will

be carried out. For instance, you can take part in hearings on the state and local plans for cleaning up air pollution. You can sue the government or a source's owner

or operator to get action when EPA or your state has not enforced the Act. You can



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request action by the state or EPA against violators." (EPA's Plain English Guide tothe Clean Air Act)

Hydrogen sulfide, the gas is emitted from large amounts of liquid animal waste, isan air pollutant commonly tested for around factory farms. The best way to test is touse a hydrogen sulfide detector - a Jerome meter is the best instrument. The best

type of meter is an MDA continuous monitor. Unfortunately, new ones run around$10,000, but used ones run around $2000. You can also rent them for around $1700a month. For more information on the meters, you can call Arizona Instruments, acompany who sells them, at 1-800-390-1414.

For more information on hydrogen sulfide and its effects, please read Appendix E-11 "Hydrogen Sulfide and Factory Farms", Appendix E-12 "Review of HydrogenSulfide Data" and the resource information below. See also Appenidix D-6a for atestimonial from a woman who tested for hydrogen sulfide after experiencing manynegative health effects.

Agriculture has been exempt from air emissions in years past, but various states

have enacted air standards for large facilities, e.g., Missouri has placed monitoringcriteria on class 1A facilities and California has ended an exemption for farmers.EPA's new guidance rules may defer the agriculture air exemption and place emissionstandards on larger facilities.



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Clean Air Act Resources

The ILO and Depopulation of Rural Agricultural Areas: Implications for Rural Economiesin Canada and the US Large CAFOs are usually located in areas of rural agricultural activity. While these operations are a

point source of both water and air pollution that falls unevenly across the area surrounding theCAFO, air pollution has generally imposed the most significant costs on surrounding residents.Costs shifted to the residents of the region by a CAFO lower the sales and taxable value of neighboring properties. (Dr. William Weida, Presentation at the National Conference on IntensiveLivestock Operations - Beyond Factory Farming, University of Saskatchewan, November 8, 2002)

Controlling Odor and Gaseous Emission Problems from Industrial Swine Facilities: AHandbook for All Interested Parties Overview of odors and gases, sources of such problems in agriculture, public health issues, effectsof odor on local economies, property values, methods of controlling and measuring odors, and1998 laws and regulations addressing odor issues. (Amy Chapin, Charlotte Boulind, AmandaMoore, Yale Environmental Protection Clinic, 1998)

Socially Responsible Agricultural Project Odor Reports page

Hydrogen Sulfide & Factory Farms Land Stewardship Project fact sheet, February 2000.

Hydrogen Sulfide and Health Effects A concise report on the effects of human exposure to excessive hydrogen sulfide present inoverpowering emissions from large-scale hog farm waste. (Neil J. Carman, Ph.D., Clean AirProgram Director, Sierra Club Lone Star Chapter)

Iowa Concentrated Animal Feeding Operation Air Quality Study A joint report from a team of scientists at the University of Iowa and Iowa State University thatrecommends the development of ambient air-quality standards for CAFOs. A printed version can beobtained by emailing [email protected]. (University of Iowa, Environmental HealthSciences Research Center, February 2002)

Odor From Feedlots Setback Estimation Tool A simple tool designed to help answer basic questions about odor impacts from livestock andpoultry facilities.

Rural Communities and CAFOs: New Ideas for Resolving Conflict Report from The Kerr Center. Includes a section on odor. pp.28-30.

The Plain English Guide to the Clean Air Act EPA Office of Air Quality Planning Standards.



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Step 4:Plan a Campaign, Develop a Strategy

After gathering as much information as you can, you are ready to plan yourcampaign. In addition to the suggestions below, check the “Resources" listed at theend of this section for books you can read on how to effectively organize and plancampaigns.

Very briefly, determine your ultimate goal: do you want to stop a CAFO from cominginto your area, or hold and existing CAFO accountable for environmentaldegradation? Once you develop your long-term goal, determine intermediate andshort-term goals, the most effective strategy for achieving each of these, andvarious tactics that will help you carry out your strategies and achieve your goals.

Scrutinize all the material you've gathered and determine your plan of action. Manycommunities have taken on water contamination issues; others have confrontedCAFOs through zoning laws, and others have found property devaluation issues are

an effective tool. Air pollution issues have recently become more of a focus and areincreasingly used to hold a factory farm accountable. Only you and your group candecide the best course of action for your community.

Below we've listed tips, suggestions and information to help you achieve your goal.

1. Finding Your Target

• When working on your campaign and strategies, determine exactly who totarget in order to be successful. You need actual people, not facelesscorporations or institutions. Working to influence your "zoning commission" isless effective than learning the names of each person on the commission and

working to influence them personally and directly.

• Don't think of your "target" as someone to attack. A target is an individual orgroup of individuals who can make your goal achievable; don't assume theyare against your goal. Sometimes public officials and other people withinfluence are simply not educated on an issue. When you start yourcampaign, start with the belief that you can educate people to agree withyour side of the issue, including politicians and officials in your community.Try not to alienate anyone; you need every friend you can make.

• Whoever your target is, hold them accountable for any promises they'vemade or anything they've publicly stated. This is why video or audio tapingevery meeting or encounter can be so important. Publicly thank people forthings they've done right and publicly criticize them for things they've donewrong. Don't forget to encourage and praise your elected officials in themedia and in public meetings when they do something right.

2. Maintaining Professionalism



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• Do not claim information is factual unless you have the facts to back it up.Besides losing credibility, you don't want to risk being sued. If you want toraise an issue but don't have the facts, pose your information as a question.

• Only you and your group can decide which tactics are best suited to yourregion or problem. No matter what you decide, make sure you always stay

within the boundaries of the law.

• It is critical that you remain professional and levelheaded during your entirecampaign. This is especially true when you are in public and working with thepress. Work to upset your opponent, or try to outsmart them in debate, butnever turn your campaign into a screaming match – your group will losesupporters and credibility.

• Before you go to any public meeting or meet the media, try to anticipate whatthe other side is likely to do and what your response will be. Practice withother group members by having them pretend to be the opposition. Havethem try to undermine you and get you to lose your 'cool'. This will helpprepare you in the event things do get heated.

• When planning tactics or press events, time is usually the biggest constraint.To manage your time effectively, set a deadline in the future, such as thedate of a public hearing or when you want to have a press conference. Thendetermine what steps are needed to reach your goal by that date. The easiestway to do this is to start with your deadline and plot the steps backwardsalong a timeline, to know when you should begin or implement each phase of your planning. Be realistic about how long each task might take.

3. Getting Noticed

• Get the word out. To do that, people need to hear your message – a clear

message – over and over. Take your group’s fliers to county fairs, churchgatherings, PTA meetings, local restaurants, community functions, or anyplace where people might gather. Make sure to invite these people to yournext meeting.

• Put a face on your issue. Generalities are not as interesting as personalstories, so get the people who've been affected by factory farms to givetestimonials. Showing photos of factory farms or of the pollution created byfactory farms will help people understand the threat in a more personal way.(See Appendix C-6a and C-6b for sample testimonials.)

• Make your campaign visible. o

Have demonstrations, rallies and marches.o Have a booth at community events.o Print t-shirts, bumper stickers, buttons, signs, hats, etc., with your

campaign slogan and sell these items at your booth. o Make smaller signs to fit in the windows of homes or businesses, or

larger signs that can be posted in front yards or along highways. o Signs are not allowed in public hearings, but paper fans are. Have

some printed with a simple slogan like: FARMS not FACTORIES.



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o Organize a peaceful drive-by protest. Assemble as many cars aspossible and slowly drive by the facility with headlights on. This wasdone in Knox County, Illinois, which attracted TV crews to the citizens'display of concern.

4. Putting Your Research To Work

• Bring a large map of your county/municipality to public events and: 1. Highlight the lands of those opposed to the CAFO in a bright color. This

shows the amount of opposition to the CAFO. 2. Highlight the barn sites at the CAFO in another color. 3. Highlight land for manure disposal that is located outside a 5-mile

radius from the proposed CAFO in a third color to show the area whereit is not economically feasible or safe to transport the manure andwhere such transport may damage county roads.

4. Highlight a tri-county map showing distances and levels of odor zones,e.g., two mile radius, five mile, ten, etc.

This map will show that this is not just an issue for 'neighbors' of the CAFO;

it's an issue that affects everyone in the community.

• Develop a plan for presenting your case to the appropriate governmentalbody (planning and zoning, county board, etc.). You should involve a numberof citizens with diverse backgrounds, including both farmers and rural non-farmers.

• If the factory farm has not yet started to operate, assemble a group of peopleand take a day trip to another area where a CAFO is already operating. Knockon doors and talk with the neighbors. Video and interview them if they willallow it. Write down your experience and use this as testimony during a publichearing or when interviewing with the media.

• Have someone who lives next to a CAFO travel to your hometown to testify ata public hearing. Groups in many states have done this with great success.

• Find out if local farmers are taking "free" manure from the site. Considercrafting a "covenant against manure dispersal." Circulate this agreement tofarmers in the community. The covenant should state that spreading manureover farms around the CAFO is not an appropriate means of disposing of waste from the factory farm.

• Compare the waste from the animals in human population equivalents. Forinstance, because one 1,400-pound dairy cow alone produces 21 times morewaste than an average human, a 10,000 head CAFO can produce the same

amount of waste as a city of 210,000 people. Use these calculations at publicevents to help people understand the enormity of the problem.

5. Getting Political

• Contact County Board members and send them a letter stating your concerns.Ask your friends and neighbors to do the same, and ask that they supply youwith a copy for the group. Make sure to date your letters and always keepcopies of them in your files.



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• Have at least one person from your group attend all local political and publicevents, including town meetings and forums. These types of meetings usuallyhave question and answer periods, so ask your public officials about the CAFOissue. Bring fliers and material to hand out to people in attendance.

• Get involved with local county committees. Get yourself elected or appointed

to county committees, the zoning commission, or become a member of yourpublic health department.

• Become a member of the Farm Bureau and/or Farmer's Union. Attend theirmeetings and have your voice heard. If you don't like what they're doing, oryou feel they are not representing you properly, resign and make yourfeelings public.

• Join one of the many groups drafting rules for federal legislation andenforcement.

• Send lots of letters: letters to the editor, to officials of your county ortownship, and to local politicians. Get others who are opposed to the CAFO to

do the same. Make sure to keep copies of all your letters!

• Research the subsidies taxpayers will give to the facility and include this inyour appeal against the CAFO.

• Circulate the phone numbers of all elected officials and encourage people tocall them to voice their concerns.

6. Confronting the CAFO

• Request a private meeting with the proposed operator to discuss yourcommunity concerns. Remember to tape (at least audio) every conversation,

but make sure you get the operator's permission to do so. If the operatorwon't allow this, it may be a warning sign that s/he has something to hide.Bring along your list of signatures in opposition to the facility.

• Send a formal letter to investors - including local banks and businesses thatare financing the CAFO - and remind them that their ability to thrive in thecommunity also depends on community support. One group did this and alsopublished the investors' names in the paper, along with their community'sconcerns.

• Arrange a peaceful picket in front of the investor's place of business. Alwaysoperate within the boundaries of the law.

• Never go alone to any meetings with industry or government - make sure youhave a witness.

Campaign and Strategy Resources



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Grassroots Organizing Training Manual Sierra Club, 1999. Sierra Club, 85 Second Street, 2nd Floor, San Francisco CA 94105. (415) 977-5500.www.sierraclub.org

Organizing for Social Change Kim Bobo, Jackie Kendall, and Steve Max. Seven Locks Press, © 1991 Midwest AcademyIf you read one thing on developing a campaign, make sure it is this book. You can order a copy for

$19.95 (plus $4.00 shipping and handling on the first book, $1.00 each additional book) from SevenLocks Press, PO Box 25689, Santa Ana CA 92799. Phone: 800-354-5348.



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Step 5:When the Going Gets Tough

You might encounter a few bumps in the road as you confront your local factory

farm. Some groups have concluded that legal action was their best recourse, whileothers have had the misfortune of having legal action taken against them.

Please note that although we provide some general information on litigation here,the Socially Responsible Agricultural Project does not get involved with lawsuits. Weare including this information as an option for your group to consider.

Make sure you consider the pros and cons before you proceed – lawsuits can be veryrewarding if you win, but they can also be very expensive, take a lot of time, causemuch stress to your family and community, and can be hard to win. However, whenproperly executed, lawsuits can be very effective, and many groups have used themto their benefit.

1. Nuisance Suits

Nuisance suits are probably the most common type of lawsuit brought against aCAFO, though there are many different types of litigation you can pursue. You needto consult with an environmental lawyer in your area to determine exactly whichroute to take. Try to find a lawyer who will work on a contingency basis or who willprovide you with "pro bono" work (free of charge); otherwise, your case maybecome very expensive. One advantage of consulting with this type of lawyer first isthat s/he will take a very hard look at the case and will only proceed if you have agood chance of winning. Filing a lawsuit lets everyone – the agencies, politicians, andthe CAFO owner or grower – know you mean business. You can file a suit under the"citizens suit" provisions of the federal Clean Air Act and Clean Water Act. Legal fees

are recoverable, which is how an attorney who agrees to work on contingency willget paid.

Nuisance suits have been brought against CAFOs for a variety of concerns,

including:

• Odors

• General illness

• Breathing difficulties

• Loss of appetite or upset stomach

• Nausea

• Surface water contamination

•

Burning or watering of the eyes • Burning sensations in the nostrils (nose bleeds)

• Excessive phlegm production

• Sleeping disorders or difficulties

• Nervous system problems

• Headaches

• Sore throats

• Fish kills

• Rats, flies or vultures



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• Noise

• Dust, particulate matter

• Property devaluation

Litigation Resources

Animal Legal Defense Fund (ALDF) ALDF has offered pro bono help with confronting factory farms. The organization has private lawyers fromall over the country, including Canada, who volunteer their services. Email Steve Ann Chambers [email protected] or Jason Chen - [email protected] to check for an ALDF lawyer near you. Bar Associations Local bar associations often have a lawyer referral service and may be able to tell you which firms handlepro bono and/or low-cost legal services. The State Bar of California web site has a good article on findinglawyers at http://www.calbar.org/2con/find.htm.

Community Environmental Legal Defense Fund (CELDF) Grassroots Litigation Support Program Based in Pennsylvania, but has information relevant to all states. Includes a listing of pro bono or low costlegal services.

Organization for Competitive Markets Litigation Clearinghouse Information for farmers and their attorneys to use in litigation against agribusinesses that take advantageof the disparity in the bargaining power between farmers and the big corporations.

Suing Polluters in Small Claims Court Article on filing a nuisance suit from Rachel's Environment & Health News

Waterkeeper Alliance An umbrella organization made up of over 100 local, community-centered watershed organizationsnationwide. Waterkeeper Alliance and its member programs provide a network of legal resources andcontacts for citizens across the country to protect watersheds through education, advocacy, and legalaction. In communities where Waterkeepers are located, the local program may take legal action to solvepollution problems. For more information about Waterkeeper programs in your area, visit Waterkeeper.org(then click on the Waterkeepers button) or call 914-674-0622.

Western Environmental Law Center Offers pro bono legal help to groups fighting CAFOs in the Southwest, especially citizens who areinterested in prosecuting Clean Water Act violators. http://www.westernlaw.org/Northwest Office: 541.485.2471 [email protected] Office: 505.751.0351 [email protected] Mountains Office: 970.385.6941 [email protected]

2. SLAPP Suits – When Legal Action Is Taken Against You

A Strategic Lawsuit Against Public Participation, or SLAPP suit, is a lawsuit filedagainst an individual who is fighting a corporation or speaking out against abusiness. These suits are an attempt by a company to silence people who are criticalof that company's operations or who are trying to hold the corporation accountablefor some wrongdoing. The Sierra Legal Defense Fund identifies the followingcharacteristics of a SLAPP suit:

1. The plaintiff is usually a mid to large-sized company.



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2. The suit claims enormous damages and generally seeks an injunction. 3. The defendant has been speaking out with some success in an attempt to

influence government policy or public perception, and the issue is one of public interest or concern.

SLAPP suits can be very effective - many individuals fear the threat of a lawsuit and

will not speak up against a company, even if the company is violating the law. One of the most famous SLAPP suits in recent times was the Cattlemen's Association lawsuitagainst Oprah Winfrey over her statements about beef (Ms. Winfrey won).

Your best protection against SLAPP suits is to be careful to always get the factsbefore you issue a statement. In addition, stay away from personal attacks andmedia sound bites that include statements you can't support. Finally, realize thatSLAPP suits are meant to keep you quiet - those who file such a suit don't do it forthe purpose of winning in court, they do it with the hope that the strain and expenseof defending against it will deter you from speaking.

If you have to contend with a SLAPP suit, there is help available. For extensive

information on what to do, read the Survival Guide for SLAPP Victims athttp://www.casp.net/survival.html.

SLAPP Suit Resources

SLAPP Resource CenterA research and public education arm of the University of Denver College of Law and Department of Sociology; Professors George W. (Rock) Pring and Penelope Canan have conducted a 15-year-long,nationwide study of SLAPP suits.

Slapp Resource Center 1675 Broadway Suite 2300Denver, CO 80202 Phone: 303-296-9412Fax: 303-293-8705

Email: [email protected]: http://www.slapps.org/

First Amendment Project FAP is a non-profit public interest law firm active in two main areas of First Amendment law: anti-SLAPPand open government. FAP provides legal representation to individuals and organizations to defendagainst SLAPPs. FAP also helps individuals, citizen groups, and the media gain access to governmentrecords and meetings through enforcement of local, state, and federal laws on public records, freedom of information, and open meetings.

The First Amendment Project 1736 Franklin Street, 9th FloorOakland, CA 94612Phone: 510.208.7744

Fax: 510.208.4562email: [email protected]: http://thefirstamendment.org/



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Step 6:Press and Media

Press is vitally important to any campaign or strategy. The press you get - or don'tget - can determine your success or failure. Use the resources listed below anddevote some time educating yourself about public relations and how to get effectivepress - it will save a lot of time and headaches in the long run.

To limit confusion and keep your message on target, just the selected spokespersonor spokespeople from your group should speak directly with reporters and journalists. Make sure your spokesperson is comfortable in front of a camera,remains calm under pressure and has the ability to articulate complex matters insimple terms.

Many books have been written on generating press and dealing with the media. Tryyour local library or bookstore for more in-depth information on the subject.Appendix F contains some selected material, and following are some onlinesuggestions.

Press Resources

Benton Foundationhttp://www.benton.org/?q=publibrary Tips on strategic communications, including how to design and fund an effective communicationsstrategy and putting the strategy to work. (Benton Communications' Capacity Building Program)

Land Rights Association Contact information How to organize effective demonstrations, letters to the editor, letters to Capitol Hill, grassroots lobbyingand press releases.

MediaNet Online Tutorial

http://www.internetnewsbureau.com/medianet/ An online media tutorial created by the Internet News Bureau, Tracy Schmidt Consulting andCompassPoint Nonprofit Services. Covers how to use the Internet to conduct research, how to write,pitch and distribute press releases, tools to help you find media coverage, ways to cater to journalists,and more.

Press Release Writing (PRW) http://www.press-release-writing.com/ A web site devoted to press releases. Includes sample press releases, tips, formatting suggestions,resources, etc.

The Strategic Press Information Network (SPIN) http://spinproject.org/ A collection of tutorials on effective media strategies and tactics. Has basic tips for successful mediawork. Includes information on putting together a strategic media plan, cultivating news hooks, buildingrelationships with reporters, making news with your reports and studies, Internet public relations, and

media events.



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1. Using the Press to Your Advantage

• Every time your group does something public, you should alert the press. If you're holding a public meeting, invite the press. If you're having afundraiser, invite the press. If a local official does something you don't agreewith, alert the press.

• Develop talking points that are simple, concise and factual. Repeating thesepoints through the press and at public events will help make your group’sstance understood.

• Put your group's name and logo on a sign or banner and always display it atpress conferences and rallies. Place it where it will be seen in photos and ontelevision: right behind the speaker, on the front of the speaker's podium.

• Unroll some butcher paper and have community members write theirthoughts on the issue with big, bold markers. These can be rolled into a tube

and displayed later at a courthouse, statehouse or at a rally or press event.One group had over 110 feet of messages to the governor that they unrolledat the state capitol.

• Have a press conference centered on "Community Concerns." Put theseconcerns on a large board and display them for the local media. Also printyour concerns on handouts and provide copies so the press can use them fortheir final reports. You are less likely to be misquoted if you supply your factson paper.

• Take out an ad in your local paper with a list of the public concerns. Includethe contact information and phone numbers of elected officials. Remember totake the ad out more than once; repetition is key to getting your messageacross.

• Write letters to the editor and participate in radio call-in shows. Keep yourmessage short and concise. Avoid emotion or anger. Send at least one letterto the editor every week written by different people in your group. Eachperson can focus on a particular area. For example, one week may be waterimpacts, the next week health, etc. This also allows people to be moreknowledgeable in one area so everyone doesn't have the burden of being anexpert in all areas. However, your spokespeople need to be well versed in allareas.

• Find out if any local universities or colleges have newspapers and/or radiostations. If so, develop a relationship with the people there and try to getthem involved in the issue. Make sure to send all press releases to them. Tryto interest journalism students in writing articles about the CAFO and gettingthem published in the paper. College students can be a great resource.

• Create a web site, such as http://www.farmweb.org/. Many groups havepublicized their website to the media, and have used the opportunity to gainpress for their cause.

• Gather a few individuals from your group and schedule a visit to editorialboards of your local newspapers. Sit down with the boards and explain whythis is an important issue and why the paper should support your position inits editorials. Make sure to bring informational packets to leave behind withthe editors.



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• Use people of all ages from your group to represent you. The younger andolder, the better. Recently, 11 and 12-year-old youngsters made a trip to theCanadian ministry of Agriculture to express their concerns. This resulted inextensive media coverage.

• Avoid personal verbal attacks on public officials or the owner/operator of theproposed facility. Do not raise your voice or show anger in public.

• Just as you need to prepare information booklets or packets of material forelected officials to educate them on the issue, you need to do the same forreporters. Don't assume that anyone understands the CAFO problem the wayyou do. Use the information from SRAP to educate others by speaking withand distributing information to them. Make sure your countyadministrator/commissioner has copies so information can be put on file forpublic access.

• It is very important to clip and save all news stories about the CAFO. Filemonth by month. This can be useful in verifying promises made and promisesbroken. Do not throw the clippings away.

• Follow up all press releases with phone calls to help you develop arelationship with the media. Please make sure to read information on workingwith the press to familiarize yourself with this arena.

2. How to Find Press

The best press outlets to target are prominent newspapers, television stations andradio programs in your area. The following resources will help you find media outletslocally and nationally.

Media Outlets

Alternative Press Index A leading guide to alternative press in the United States and around the world. Don't overlookalternative press - oftentimes, they are much more open to your issues than mainstream outlets. Andmany mainstream media look to alternative press for story ideas.

Building Media Relationships Excerpt from Nebraska Rural Action newsletter (August, 2000).

The Gale Directory The Gale Directory is very expensive to purchase, but many libraries carry it in their referencesection. It lists every media outlet in the country by state, from local radio to national newspapers.The entries are listed by city and state, so this is a good source for local press.

How to Hold a Press Conference Tips on publicizing your issue.

OnlineNewspapers.com A web site with a database of thousands of newspapers around the world. When looking in the UnitedStates, use the pull-down menu to highlight "All States" for a listing of newspapers by state.

National Media Guide Created by Capitol Advantage, this guide covers press in all 50 states. You can check whichnewspapers, radio and television outlets you'd like to contact, compose one message, and email themdirectly from this site.

National Media Contact List Fairness and Accuracy In Reporting's (FAIR) press list for national press outlets.



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Many groups find that using a faxing service to send many press releasessimultaneously can be well worth the money.

Faxing Services

Metro Faxhttp://www.metrofax.net/ Free faxing to Washington, DC from your computer.

jBlast Broadcast Fax Service http://jblast.jfax.com/ This site charges 6 cents a page for faxing, so you can fax 100 people a one-page press release fromyour computer for $6.



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Step 7:Fundraising

You need money to execute your campaign effectively, but the amount needed canvary greatly from group to group. A full-page ad in your state or county newspaperwill cost a great deal more than the same ad in your local paper.

Estimate how much money you'll need for your campaign, but be realistic about yourbudget and how much money you think you can raise. However, don't let lack of funds stop you. A little bit of cash and a lot of manpower can go a long way.

Some groups apply to foundations for grants; others have hosted dinners, heldraffles, had bake sales, or sold items such as t-shirts, pins, and coffee mugs. OneCanadian group recorded songs about factory farms and had a song go to numberone on the music charts in their area!

There are many books on the subject of fundraising. If you do not have access to theInternet, try your library or local bookstore.

1. Sources of Funding

Research or contact the foundations below for grant proposal submissionrequirements before you send anything. Most foundations with web sites explainsubmission guidelines online. Most of this information came from T h e P r i c e We Pa y

f o r Co r p o r a t e H o g s (http://www.iatp.org/hogreport/xappendix-d.html) from theInstitute for Agriculture and Trade Policy.



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Animal Welfare Trusthttp://fdncenter.org/grantmaker/awt/Funding guidelines are athttp://fdncenter.org/grantmaker/awt/prog.html

Holeri Faruolo, Grants ManagerBeldon Fund

99 Madison Avenue, 8th FloorNew York, NY 10016(p) (212) [email protected]

Ann Krumboltz, Executive DirectorBrainerd Foundation1601 Second Avenue, Suite 610Seattle, WA 98101-1541(p) (206) 448-0676(f) (206) [email protected] http://www.brainerd.org/grants/inquiry.php

Catholic Campaign for Human Development3211 4th Street NE

Washington, DC 20017(p) (202) 541-3210(f) (202) 541-3329www.nccbuscc.org/cchd

Mary Stake Hawker, DirectorDeer Creek Foundation720 Olive St., Suite 1975St. Louis, MO 63101(p) (314) 241-3228

Geraldine R. Dodge Foundation163 Madison Avenue, P.O. Box 1239Morristown, New Jersey 07962-1239(p) (973) 540-8442(f) (973) 540-1211

[email protected] www.grdodge.org

Educational Foundation of America35 Church LaneWestport, Connecticut 06880-3504(p) (203) 226-6498(f) (203) [email protected] http://www.efaw.org/Inquiry%20Guidelines.htm

Farm Aid11 Ward StreetSomerville, Massachusetts 02143(p) (617) 354-2922(f) (617) [email protected]

www.farmaid.org

Jerry ManderFoundation for Deep EcologyBuilding 1062Fort CronkhiteSausalito, CA 94965(p) (415) 229-9339(f) (415) [email protected]

Kolu Zigbi Jessie Smith Noyes Foundation6 E 39th Street, 12th FloorNew York, NY 10016(p) (212) 684-6577 ext. 16 (f) (212) [email protected] www.noyes.org

W.K. Kellogg FoundationOne Michigan Avenue EastBattle Creek, MI 49017-4012(p) (269) 968-1611(f) (269) 968-0413http://www.wkkf.org

McKnight Foundation710 South Second StreetSuite 400Minneapolis, MN 55401(p) (612) 333-4220(f) (612) 332-3833http://www.mcknight.org/

Lois DeBackerC.S. Mott FoundationMott Foundation Building503 S. Saginaw Street, Suite 1200Flint, MI 48502-1851(p) (810) 238-5651(f) (810) [email protected] [email protected] www.mott.org Primarily funds Clean Water Actissues in the Great Lakes andSoutheastern US regions.

National Fish and

Wildlife Foundation1120 Connecticut Ave. NW, Suite 900Washington, DC 20036(p) (202) 857-0166(f) (202) [email protected]

Mary Sobecki, Grants ManagerNeedmor Fund42 South St. Clair StreetToledo, OH 43602(p) (419) [email protected]

Karl Stauber, PresidentNorthwest Area Foundation

60 Plato Blvd. East, Suite 400St. Paul, MN 55106(p) (651) 224-9635(f) (651) [email protected]

John Kostishack, Executive DirectorOtto Bremer Foundation445 Minnesota Street, Suite 2250St. Paul, MN 55101



48

Funding Exchange666 Broadway #500New York, NY 10012(p) (212) 529-5300(f) (212) [email protected]

Donna Pease, Grants AdministratorThe William and Charlotte ParksFoundation for Animal Welfare700 Professional DriveBethesda, MD 20879(f) (301) [email protected]

Ilysia ShattuckEnvironmental Grants ManagerPatagonia, Inc.PO Box 150Ventura, CA 93002http://www.patagonia.com/web/us/patagonia.go?assetid=2942 (p) (805) 643-8616(f) (805) [email protected]

Pew Charitable Trusts2005 Market St. #1700Philadelphia, PA 19103-7077(p) (215) 575-9050(f) (215) 575-4939

Jean DouglasWallace Genetic Foundation4910 Massachusetts Ave. NW,Suite 221Washington, DC 20016

(p) (202) 966-2932(f) (202) 966-3370 [email protected]

Victor QuintanaUnitarian Universalist Veatch Program at Shelter Rock48 Shelter Rock RoadManhasset, NY 11030(p) (516) 627-6576(f) (516) [email protected]

(p) (651) 227-8036(f) (651) 312-3665

[email protected]

Thomas W. RossExecutive DirectorZ. Smith Reynolds Foundation

147 S. Cherry St., Suite 200Winston-Salem, NC 27101-5287(p) 336-725-7541 or 800-443-8319(f) 336-725-6069Jill Ray [email protected]

Deborah Leff, PresidentPublic Welfare Foundation1200 U Street NW,Washington, DC 20009(p) (202) 265-8851(f) (202) 625-1348

Maureen McCarthyRockefeller Family Fund437 Madison Ave., 37th Floor

New York, NY 10022-7001(p) (212) 812-4252(f) (212) [email protected].

Turner Foundation, Inc.133 Luckie Street NW2nd FloorAtlanta, GA 30303Tel: 404-681-9900Fax: 404-681-0172www.turnerfoundation.org



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Fundraising Resources

About.com's Nonprofit fundraising informationLinks to information about fundraising, including advice and tips on what to do and what not to do.

Fundraising on the webLinks to information about raising money online.

FundsnetServices.comProvides nonprofit organizations with information on online funding opportunities.

Online Fundraising InformationLinks to fundraising information and sources.

The Management Assistance Program for NonprofitsA detailed section on fundraising and grant writing.



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Step 8:The Next Steps

Once your campaign is underway, you need to look at the long-term solution to thefactory farm problem. Even if your community is successful in stopping a CAFO, theoperation will most likely move somewhere else and become someone else's

problem. You also have no guarantee that the same CAFO, or another one like it,won't try to move back to your community in a year or two.

The solution to the factory farm problem is in consumer demand for food raisedwithout the harmful industrial methods used by CAFOs. If you serve your familymeat raised on a factory farm, you are contributing to the problem you are trying tosolve. Here are some good ways to be a part of the solution:

• Buy sustainably raised food. The best way to fight factory farms is throughyour wallet; so don't buy meat raised on factory farms.

• Ask the manager of your local supermarket to sell locally grown meat and

vegetables from independent family farmers. Because profit margins are sosmall, grocery stores will listen even if only a handful of people start askingfor a certain product. A grocery store in Delaware began selling locally raisedand produced milk after only one customer persisted in asking the storemanager.

• In Minneapolis, 19 area supermarkets started selling sustainably raised meatafter several local producers sat down with management of the chain andexplained the benefits of selling their product. As long as you have analternative you can supply consistently, many stores will stock what you ask.

• Research your local area and buy directly from farms or farmers markets

where you know how your food was produced – it's better for you and theenvironment. You can locate farmers markets throughout the country throughthe USDA's web site: http://www.ams.usda.gov/farmersmarkets/map.htm.

• Join a CSA (community supported agriculture). CSAs are an innovative way toconnect consumers directly with a farmer. Individuals purchase a "share" inthe farmer's crop at the beginning of the growing season, thus providing thefarmer with the necessary capital to cover costs associated with raising food.The consumer shares directly in the harvest, assuming the same benefits andrisks as the farmer. The Alternative Farming System Information Center(http://www.nal.usda.gov/afsic/csa/index.html) has a listing of CSAs aroundthe country, as well as more information on CSAs. Most CSAs offervegetables, but many are starting to offer meat, poultry and fish.



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Guide to Confronting a Factory Farm

Appendix

TABLE OF CONTENTS

Appendix A: CHECKLIST

A-1 Checklist for Confronting a CAFOUse this handy form to track your progress.

Appendix B: FACTSHEETS AND HANDOUTS

B-1 Brochure: What is a Factory Farm?This brochure provides an overview of the problems caused by factory farms toeducate those who aren't familiar with the issue.

B-2 Top Ten Reasons for Rural Communities to BeConcerned About Large-Scale, Corporate Hog

Operations

B-3 Hometown Factory Farm Fighting An inspiring tale of rural Minnesotans who used local democracy to control factoryfarms - and how you can do the same.

B-4 Bigger is Not Better A great economic overview of the factory farm issue.

B-5 CAFOs: Health & Community Impacts A clear, concise overview of health problems caused by factory farms.

B-6 CAFOs: A Threat to Our Health and Environment A great summary of environmental and health problems caused by chicken andhog CAFOs. Sure to spur your neighbors into action.

B-7 Why Animal Waste Lagoons on Factory Farms ShouldBe Banned.This factsheet summarizes problems with manure lagoons and their impact onrural quality of life.

B-8 Solutions to Health and Environmental Problems

Caused by Factory Farms A list of steps that must be taken to fill in gaps in existing laws to control pollutionfrom factory farms. (Sierra Club)

B-9 Poster: When a Factory Farm Comes to Town Poster to print and display. Go to the Photo Gallery for many more photos that canbe used to illustrate facts and data in this way. Great for meetings.

B-10

Down on the Factory Farm A good accompaniment to the poster “When a Factory Farm Comes to Town.” Although published for residents of Minnesota, this resource includes generalCAFO information that’s applicable to all areas of the US. (CWAFPPP)



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B-

11 Environmental Degradation and Public Health Threats

from Factory Farm PollutionHow factory farms pollute our waters and damage the water supply (NationalCampaign for Sustainable Agriculture)

B-

12 Inspiration: Signs to Get NoticedThese signs have been used in demonstrations against CAFOs in Illinois.

B-

13 Factsheets and Brochures More great information to print and distribute.

B-

14 Photographs Photos of confined animals, aerial shots of lagoon spills, and more. Excellent foruse in meetings to visually demonstrate impact of CAFOs.

B-

15 Willy and the PooCharming, all-too-accurate poem about a hog factory moving into a ruralcommunity.

Appendix C: EDUCATE YOURSELF AND OTHERS

C-1 Five Local Strategies to Keep CAFOs Out

C-2 Testimonials

Appendix D: ORGANIZE YOUR COMMUNITY

D-1 Sample Meeting Agenda

D-2 Questionnaire for Neighbors of Factory Farms

D-3 How to Create a Phone Tree

D-4 Sample Petition

D-5 How to Organize a District Meeting

D-6a

Mother Testifies About Life Near Mega-HogConfinementDiscusses health effects and testing for hydrogen sulfide

D-

6b Testimonial from IllinoisLetter from community to County Board about air pollution from hog CAFO

D-7 Forming a Nonprofit Organization Resource for building an effective nonprofit board

Appendix E: GATHER INFORMATION

E-1 Sample Letter to Contract Grower on Land Appraisal

E-2 Property Values

E-3 A Summary of the Regional Economic Effects of CAFOs



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E-4 FOIA: How to Use the Freedom of Information Act

E-5 Community Right to Know

E-6 Researching Your Farm Bureau and Factory Farms

E-7 What is Research?Tips on researching corporate agribusiness.

E-8 Sample local resolution regarding CAFO regulation

E-9a

Zoning Basics

E-

9b Sample Zoning OrdinancesIncludes the Southampton Anti-Corporate Farming Ordinance

E-

9c Sample Zoning Ordinance

E-

9d Sample Zoning OrdinanceHumbolt County, Iowa

E-

10 Sample Health OrdinanceWorth County, Iowa Health Ordinance

E-

11 Hydrogen Sulfide and Factory Farms

E-12

Review of Hydrogen Sulfide Data

Appendix F: PRESS AND MEDIA

F-1 How to Hold a Press Conference

F-2 Writing Letters to the Editor

F-3 Writing a Letter to Your Newspaper

Appendix G: FUNDRAISING

G-1 Organizing a Successful Event

G-2 Online Fundraising Information



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C H E C K L I S T F O R C O N F R O N T I N G A C A F O

___ 1. Read the entire Guide to Confronting a Factory Farm.

___ 2. Read through the most appropriate reports and studies located in theEducate Yourself and Others section.

___ 3. Host a public informational meeting.

___ 4. Host an organizational meeting.

___ 5. Organize a group and finalize a name.

___ 6. Assign duties.Spokesperson __________________________________________________Press and media liaison __________________________________________Officers (Treasurer, Secretary, etc.) ________________________________Coordinators ___________________________________________________

Researchers ___________________________________________________Facility Liaisons ________________________________________________

___ 7. Communications and Outreach Develop a petition Build coalitions Create a flier or brochure Establish your own listserv Create a web site Set up meetings with local officials Submit letters of concern to county officials Collect testimonials

___ 8. Taking Care of Business Determine a regular meeting time Determine incorporation or nonprofit status Set up a system to keep accurate records Develop a system to handle finances and expenses

___ 9. Gather Information – Essential Steps Have land appraised Perform water quality tests Send letter through an attorney to owner/operator

___ 10. Gather Information – Where to Look

County Recorder of Deeds Local County Government/Township Zoning office, including Planning and

Zoning Boards and Zoning Commissioners Local, regional and/or state health departments Department of Environmental Quality, or Department of Natural Resources Department of Economic Development (exemptions, tax credits,

enterprise zones) Regional Natural Resource Conservation Service (NRCS) State Department of Agriculture



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Secretary of State State Constitution and Bill of Rights (statutes, classification of water and

water rights) Regional United States Geological Service (USGS) Regional office of Army Corps of Engineers Regional office of Environmental Protection Agency (EPA)

Check to see who has the delegated authority to implement the federalprograms and permits, i.e., National Pollution Discharge EliminationSystem (NPDES) permits. Usually, whatever agency is in charge of theNPDES permitting will be the agency you need to contact for much of theinformation you are seeking.

National Environmental Protection Agency (EPA) United States Department of Agriculture (USDA) US Security and Exchange Commission (SEC) Other

___ 11. What to Look For – Logistical and General Information Proposed Developer Type of facility (hog, dairy, poultry, etc.) Number of animals proposed at facility County and state facility is proposed in Structure of the local government Nearest city/town and current population Location of nearest freeway Location of nearest railroad Location of nearest grain elevator Location of Nearest hospital Investigate and list nearby entities that will be affected by the CAFO

including all home residences, established businesses, nearby schools, daycare centers, nursing homes, churches, and tourism sites including parks,recreational areas, swimming and fishing refuges, etc.

Type of waste storage system to be utilized (lagoon pits or holding ponds) Geology of ground and soil type (including tributaries, streams and rivers,

other water bodies and underground water sources) Determine how dead animals will be handled, i.e., incinerated, composted,

or stockpiled and hauled away Economic development promises

- Is the proposed operator promising that the CAFO will bring economicbenefits to the area?

- What kind of benefits?- Is the proposed operator promising that the CAFO will buy local feed,

goods, and services? Crops

- What types of crops are grown in the area?

- Will the facility grow crops?- How many pounds of nitrogen will be applied to land for their crops?

Other

___ 12. What to Look For – Corporate CAFO Information Corporation Uniform Commercial Code (UCC) loans or liens Corporation filings Loans or funding Other



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___ 13. What to Look For – Local and/or State Regulations

State statutes and regulations Local or township resolutions Local ordinances and restrictions Zoning ordinances and restrictions

Minimum distance requirements Zoning commission Other land use bylaws Propose legislation Health ordinances Other

___ 14. What to Look For – Construction Plans and Permit Applications Record search Land surveys of proposed facility by NRCS or USGS Applications or approvals for land disturbance permits Letters of Approval (LOA) Any general permits or operating permits (including NPDES) Discretionary or permitted use Other

___ 15. What to Look For – Nutrient (Manure) Management Plans Operator certification for waste management Structure of lagoons Land available for spreading of manure Is the application for a certain number of animal units? Land location of manure application or stockpile areas Manure-spreading contracts or agreements – duration and who is

responsible Are lands suitable for manure application?

How will manure be applied? How will manure be transported? How often will manure be applied to the land and at what rate? Are there any designated wetlands nearby? Are there any abandoned/uncapped wells, sinkholes, or mining sites? Other

___ 16. What to Look For – Water Permits Information regarding aquifer and sensitive areas Identify all surface waters near manure application sites Proposed water usage from your water supply Where will the facility obtain water A water license (if required)

Other

___ 17. What to Look For – Clean Water Act NPDES (National Pollutant Discharge Elimination System) Program Water quality Impaired water bodies Citizen suits Other



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___ 18. What to Look For – Clean Air Act Federal Clean Air Act Local/state clean air regulations State Implementation Plan National permit Hydrogen sulfide

Other

___ 19. When the Going Gets Tough Pros and cons of lawsuits Researching nuisance suits SLAPP suits

___ 20. Press and Media Educate yourself about press and media

___ 21. Fundraising Determine types of fundraising to undertake Submit proposals for grants

___ 22. Next Steps Educate yourself and your community about sustainable alternatives to

factory farming



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TOP TEN REASONS

FOR RURAL COMMUNITIESTO BE CONCERNED ABOUT LARGE-SCALE

CORPORATE HOG OPERATIONS

John IkerdAgricultural EconomistUniversity of Missouri, Columbia

I was recently asked by a rural advocacy group in Missouri to “list some logical reasons whycounty commissioners and other rural community leaders should be concerned about effectsof livestock factories?” I considered it to be a reasonable request and thus developed a listof reasons why I think rural residents should question whether or not they want large-scale,corporate hog farms to locate in their communities.

As I indicate in my response to the request, there is no scientific consensus on this issue.Thus, there is no set of scientific “facts” to either “prove or disprove” the validity of theseconcerns. There is research to support many of the concerns on my list, even though they

cannot be proven. Published proceedings from “An Interdisciplinary Scientific Workshop:Understanding the Impacts of Large-scale Swine Production,” edited by Kendall Thu,University of Iowa, is a good starting point in reviewing supporting literature. However,most of the concerns on the list are based primarily on logical reasoning and commonsense. Some may dismiss these “logical” concerns as illogical, uninformed, orinconsequential. But, such assessments simply represent different “beliefs,” not provenfacts or some unique knowledge of reality. The people of rural communities have a right andresponsibility to weigh the evidence and logic on both sides of this issue and to make theirown decisions.

Admittedly, there are reasonable arguments in favor of locating large-scale corporate hogoperations in specific rural communities. They include: (a) we need the jobs, (b) we need

the tax base, (c) we don’t want to lose our agricultural base, (d) other communities will doit if we don’t, (e) we can’t stand in the way of progress, (f) consumers want uniform qualitythat only big operations can supply, (g) big operations can better afford modern pollutionprevention technologies, and (h) the opposition is just another case of “not in mybackyard,” selfish thinking. There are logical responses to each of these arguments.However, rather than argue these points, I have chosen to provide a logical list of reasonswhy rural communities might be concerned about the location of large-scale corporate hogoperations in their areas.

A “top ten list” wasn’t chosen just to be cute or catchy. Ten is enough to get the point across, butnot so many as to overdo discussion of the issue. Also, I wanted to start at the bottom of my listand work my way to the top.

Concern #10. Hogs stink.Odor is at the top of the list for many opponents of large-scale hog farms. The most vocalopponents tend to be those affected most directly – those who wake up to the smell of hog manuremost every morning. To a hog producer, hog manure may “smell like money,” but to theneighbors, it just “smells like hog manure.” There are legitimate human health concerns associatedwith air quality surrounding large hog operations. Thus, the odor problem goes beyond the veryreal nuisance of living with stench in the air. Odors associated with giant hog farms affect the livesof people for “miles around,” not just those on adjoining farms. No one likes living in a communitythat smells like a cesspool. Few would be willing to stay in, or move into, such a community for any



59

reason other than employment. Odor ranks only 10 on my list because something could possibly bedone to mitigate its impacts, such as using odor reducing technologies, compensating those mostaffected, and restricting location to minimize impacts of the greater community.

Concern #9. The work is not good for people.A large confinement hog facility is not a pleasant place to work. Known health risks are associated

with continuously breathing the air that arises from manure pits in confinement hog facilities.Health problems cost money in lost wages and health care costs. But more important, an unhealthyworkplace can destroy peoples’ lives. History has proven that people will choose to work indangerous work environments when they are desperate for jobs. Health risks can be lifethreatening, so I rank worker safety above odor problems. But as in the case of odor, healthproblems can be mitigated by protecting workers from the noxious fumes, by limiting exposure,and by keeping people with other health problems out of confinement facilities.

Concern #8. Piling up too much “stuff” in one place causes problems.If you spread out the hogs and let hog manure lay where it falls in a pasture, it doesn’t botheranyone very much. But if you start collecting it, flushing it, spreading and spraying it around – allnormal practices in confinement hog operations – it becomes air pollution. Water pollution also is asymptom of the same basic problem — too much manure in one place. The difference between the

lagoon spills in Missouri and North Carolina and the normal runoff from a hog pasture is a simplematter of concentration. When you put a lot of hogs in the same place, you have to collect andstore the waste. If it gets into the ground water or gets flushed into streams, it kills fish, clogsstreams.

In addition, manure on diversified hog farms normally is spread back onto cropland where the feedgrain was grown. Most of the nutrients used to grow the crops are returned to the soil. But, whenfeed grains from specialized crop farms are shipped to distant hog-factories, the nation’s futureproductive capacity is being stacked up and flushed out into places where crops can’t grow. We cantreat the symptoms – air pollution and water pollution – but the basic problem of piling up toomuch stuff is inherent within the system of large-scale, concentrated production.

Concern #7. Consumers have little if anything to gain.Large-scale, corporate hog production is frequently justified to the general public as a moreefficient, lower cost, means of producing higher quality pork. The facts of the situation simply donot support such a claim. The average consumer spends just over 10 percent, a dime out of eachdollar, of their disposable income for food. About 10 percent, a penny out of the dime, is spent forpork. The costs of live hogs make up only about 35 percent of that penny. The rest goes forprocessing, packaging, advertising, transportation, and other marketing costs.

Farm record data have shown that costs of large-scale hog operations and only slightly lower thancosts of “average” commercial hog producers. Even if production costs were five percent less,about $2/cwt of live hog; the “maximum” savings to consumers would be less than two cents perdollar spent for pork at retail. At best, food costs would be two-tenths of one percent less andconsumers on average would spend only “two-one-hundredths of one percent” less for food. Any

savings would be lost in rounding error in consumer food cost statistics. With a handful of large hogproducers and packers gaining control of the industry, it seems far more likely that pork priceswould go up than down as a consequence of further industrialization.

The argument that factory pork would be higher in quality doesn’t hold either. Pork would be moreuniform because it would all come from the same basic genetic stock, as is currently the case withchickens. However, consumers have different tastes and preferences – different perceptions of quality. Making all pork “the same” would not necessarily please more consumers. Greater profitsfor producers and processors, not lower costs or higher quality, is the driving force behind the



60

current trend toward industrial hog production. The only ones who really need to shave anotherpenny or two of cost of production costs are those who are trying to export more pork into highlycompetitive world markets. That doesn’t include many hog farmers or port consumers. So, whyshould the general public support industrial hog production?

Concern #6. Continuing regulatory problems are inevitable.

Without regulations, big hog operations will impose costs on their neighbors – air pollution, waterpollution, and others — that are not part of the historic costs of producing hogs. It will cost moneyfor hog factories to deal with “externalities” such as air and water pollution. No “bottom-line” driven hog operation will incur those costs unless they are forced to do so by governmentregulations – federal, state, or local.

Family farmers are people with human feelings and values, and most feel some sense of responsibility to their communities and the environment. Family farmers at least have personalincentives to be stewards of the environment and good neighbors, regardless of how they chooseto behave. Public corporations have no such incentives. They are not people. Corporations have noheart or soul. Stockholders often are so detached from their investments they don’t know or carewhat stocks they own – just as long as they make money. Local managers and workers may begood people who really care about the community, but when it comes to keeping their job, they

must put profits and growth ahead of community. Professed corporate support of localcommunities, by necessity, can be nothing more than another strategy for profit and growth. Thus,government regulation and continual conflict are an inherent fact of corporate life.

Concern #5. Hog factories destroy public confidence in agriculture.Over the decades, family farmers have built up a vast treasure of public confidence and good will.Many people in the cities either grew up on farms or have parents or other close relatives whoeither are or were family farmers. The “farm family” conjured up images of people who are hardworking, honest, dependable, trustworthy, caring, and responsible. These images have been avaluable source of wealth for farmers - although not widely recognized as such.

Farmers have been awarded special privileges, exemptions, and variances under a whole host of

public policies — from taxation to environmental regulations — because they were trusted tobehave in the public interest. Support of “family farms” has been an important part of the rhetoricof every farm bill that has passed congress. Farmers have also enjoyed a special status “aspeople,” apart from any monetary benefits. They have been respected and trusted. However, badpublicity surrounding large-scale, corporate hog production is using up the farmer’s stock of publicconfidence and good will at an alarming rate. Negative stories have appeared on every majortelevision net work over the past few years. When Ms. Magazine runs a feature article on the ills of corporate hog farming, as they did in a recent issue, we can conclude that the story has just aboutmade the full circuit of public opinion shapers. Family farms will be paying for this loss of publictrust for decades, if not forever.

Concern #4. Future of the community is turned over to outside interests. Rural people need to take charge of their own destinies if they expect to sustain a desirable quality

of community life for themselves, their children, and future generations of rural Americans. Qualityof life is about much more than just creating more jobs and making more money. Quality of life isalso about positive moral and social values and being responsible caretakers of the community as aplace. Sure, people need jobs and need to make a decent living. But, jobs and high wages didn’tsave the cities from decline and decay and jobs won’t save rural communities either. When anapparent solution to a problem comes from someone else, from outside, you can just about betthat the benefits will be going to someone else from outside as well.



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Some rich and powerful outsiders have their own problems, and they have their eyes on ruralcommunities as places to solve them. Sparse population, trusting people, and lack of jobs in ruralareas are seen as ideal opportunities. They are looking for someplace to “dump stuff.” An Industrialsociety creates a lot of “trash,” whether in the form of garbage, toxic chemicals, or hog manure.Most “outsiders” promoting rural development schemes have something they need to “dump.” Jobs just aren’t enough compensation for turning a community into a “dump.” Rural people need to take

control of their own destiny and build the kinds of communities in which their children and theirchildren’s children will choose to live and grow. The solutions to the problems of rural Americansare in the hands, hearts, and minds of rural people themselves, not in outside investment andcorporate control.

Concern #3. The decision making process can rip communities apart.The process of decision making may be more important than the decision itself. Anyone who hasbeen a part of a family has experienced this first hand. The memory of an act that triggered afamily feud has long since faded, but the feud goes on. Feuds result from a loss of confidence andtrust, regardless of the context within which the loss takes place. The large-scale, corporatehog farm issue is one of the most contentious issues to confront rural America in recent history.

The social fabric of rural communities has been ripped apart by controversy surrounding the

introduction of large-scale, corporate hog operations. There seems to be no middle ground. Somepeople seem determined to bring in the big hog operations, by almost any means, and others seem just as committed to keep them out, by almost any means. Almost everyone eventually seems tofeel obligated to take sides. The larger question in such communities is not whether the hog farmscome in or stay out, but can the community ever heal the wound left by the fight? A healthy,unified community can deal with almost any problem, including a large-scale corporate hog farm onthe outskirts of town. A sick, bitterly divided community is incapable of much more than survival,regardless of its other advantages and opportunities. The future of rural America depends oncommunities of people being able to work together for their common good. The divisiveness of thedecision making process, presumably, could be avoided. But, the consequences of failing to do soare so destructive that it ranks near the top of my list.

Concern #2. Hog factories degrade the productive capacities of rural people. Factories “use up” people. Assembly line work is “non-thinking” work. When you work on anassembly line, you simply do what you are told as fast as you can for as long as you can. I know. Ihave been there. Large-scale hog operations may not be assembly lines, but the principle is thesame. Big hog operators do not want people who know anything about raising hogs. They wantpeople who can be trained to do what they are told to do without thinking. An experienced hogfarmer might start thinking, asking questions, and mess up the process. Hog factories, like otherfactories, are looking for people who are dependable, who know how to carry out orders, and willwork hard for a little money.

On balance, large-scale, industrial hog operations destroy more jobs than they create. A drivingforce behind industrialization is to substitute capital and technology for labor and management – tomake it possible for fewer people to produce more. Large-scale hog operations concentrate the

jobs created in one place and call it economic development. The jobs lost elsewhere areignored or denied. The numbers of independent hog farmers displaced elsewhere will be greaterthan the number of jobs created in new large scale hog operations. Hog factories replace moreindependent hog farmers with fewer assembly line workers.

Other kinds of factories have come to rural America in the past. When these factories have foundpeople in other regions, or in other countries, who would work even harder for less, they movedon. Corporately owned factories have no roots. They leave behind a workforce that doesn’t know



62

how to do anything other than what they are told. Intelligent, thinking, capable, independentpeople are transformed into detached, non-thinking people who may be psychologicallyincapable of earning a living without depending on someone else to tell them what to do. Our citiescurrently are plagued with such people — people whose capacities have been degraded by factorieslong since gone. It just doesn’t seem to make sense to do the same thing to rural people. When wereplace independent, family hog farmers with hog factories we are degrading the most valuable

resource rural areas have to support future development – rural people.

Concern #1. Tomorrow’s problems are disguised as today’s solution.My number one concern regarding large-scale, corporate hog operations is that rural communitieswill see them as “the solution” to today’s problems without seeing them as a potential “source” of problems for tomorrow. Maybe there are some communities so desperate for jobs that it makessense to take the risks. Maybe they feel they have to do something today to give them a chance todo something better tomorrow. But, hog factories are a short-run solution, at best, that may createmore long run problems than they solve today. Low-wage, assembly-line-like jobs should beviewed as a stop gap strategy suitable only for communities with no other options. Sooner or laternon-thinking jobs will be done somewhere else on the globe, where people will work harder for lessmoney and are accustomed to doing whatever they are told – by those who have no other options.In the longer run, all non-thinking jobs will be done using computers and robots – not by people

anywhere.

The real opportunities for people to lead successful lives in the future will be in “thinking” work.The human mind is uniquely capable of complex thought. Almost anyone is “smarter” than acomputer. But, people need to develop their unique human abilities to think. We need to accept theresponsibility for thinking and for creating thinking jobs for ourselves and for others. As long asrural people think their problems are solved, or will be solved by someone else, they see noincentive to begin doing the things they need to do to ensure the future of their community.

The primary advantages for rural areas in the twenty-first century will be the unique qualities of lifeassociated with open spaces, clean air, clean water, scenic landscapes, and communities of energetic, thinking, caring people. Communities that sacrifice these long run advantages for short

run economic gains may have a difficult time surviving in the new century.

Thus, my number one concern is that large-scale, corporate hog operations are tomorrow’sproblem disguised as today’s solution. They may keep rural people from doing the things that needto be done today to ensure the future of their communities. Large-scale, corporate hog operationswill not create communities where our children and their children will choose to live andgrow. Communities with a future must take positive actions today to ensure a desirable quality of life for themselves, their children, and rural children of future generations.

John Ikerd

Agricultural EconomistUniversity of Missouri, Columbia



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LAND STEWARDSHIP PROJECT

FACT SHEET#6HOMETOWN FACTORY FARM FIGHTING



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LAND STEWARDSHIP PROJECT

FACT SHEET #1BIGGER IS NOT BETTER



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CAFOS: HEALTH AND COMMUNITY IMPACTS

BROCHURE – UNIVERSITY OF IOWA



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CONFINED ANIMAL FEEDING OPERATIONS:A THREAT TO OUR HEALTH AND ENVIRONMENT



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WHY ANIMAL WASTE LAGOONS ON FACTORY FARMS SHOULD BE

BANNED

Pollution from Giant Livestock Farms Threatens Public Health

Waste lagoons and manure sprayfields -- two widespread and environmentally hazardoustechnologies -- are poorly regulated.

Factory farms -- giant livestock farms also known as feedlots that house thousands of cows,chickens or pigs -- produce staggering amounts of animal wastes. The way these wastes are storedand used has profound effects on human health and the environment.

On most factory farms, animals are crowded into relatively small areas; their manure and urine arefunneled into massive waste lagoons. These cesspools often break, leak, or overflow, sendingdangerous microbes, nitrate pollution, and drug-resistant bacteria into water supplies. Factory farm

lagoons also emit toxic gases such as ammonia, hydrogen sulfide, and methane. What's more, thefarms often spray the manure onto land, ostensibly as fertilizer -- these "sprayfields" bring stillmore of these harmful substances into our air and water.

Yet in spite of the huge amount of animal waste that factory farms produce, they have largelyescaped pollution regulations; loopholes in the law and weak enforcement share the blame. NRDChas fought, and won, a number of courtroom battles over the years to force the federalgovernment to deal with the problem of factory farms, and the U.S. EPA is now under court orderto set tighter controls on release of pathogens into the environment by factory farms, exercisegreater oversight on factory farms' pollution-reduction plans, and ensure that these plans are madeavailable to the public.

Lagoons and Sprayfields

Some people hear the word "lagoon" and picture blue water, surrounded by palm trees, perhaps,or with mountains in the background. A visit to a factory farm would quickly erase this beautifulimage from their minds.

At factory farms, "lagoon" means an open-air pit filled with urine and manure. Lots of urine andmanure -- some lagoons are larger than seven acres and contain as much as 20 to 45 milliongallons of wastewater. The waste is collected with scrapers, flushing systems, or gravity flowgutters, and then stored in lagoons. Opportunities for disaster abound. The lagoons can leak orrupture, for instance, or they can be filled too high. But even if none of these problems occur, thelagoons still release gases. Their horrible stench and toxic chemicals harm workers and nearbyresidents.

Sprayfields are yet another threat. Manure is periodically pumped out of lagoons and sprayed onfields. Although manure can be an excellent fertilizer when it is applied at rates that crops canabsorb, it must be safely -- and sensibly -- applied. But factory farms produce far more manurethan their land requires, and they often over-apply it to fields, causing it to run off the fields andinto rivers and streams. Farmers may also spray when it is rainy or windy, or with little regard foradjacent property. In addition, the act of spraying wastes increases evaporation and vaporizationof pollutants.



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Threats to Human Health

People who live near or work at factory farms breathe in hundreds of gases, which are formed asmanure decomposes. The stench can be unbearable, but worse still, the gases contain manyharmful chemicals. For instance, one gas released by the lagoons, hydrogen sulfide, is dangerous

even at low levels. Its effects -- which are irreversible -- range from sore throat to seizures, comasand even death. Other health effects associated with the gases from factory farms includeheadaches, shortness of breath, wheezing, excessive coughing and diarrhea.

Animal waste also contaminates drinking water supplies. For example, nitrates often seep fromlagoons and sprayfields into groundwater. Drinking water contaminated with nitrates can increasethe risk of blue baby syndrome, which can cause deaths in infants. High levels of nitrates indrinking water near hog factories have also been linked to spontaneous abortions. Several diseaseoutbreaks related to drinking water have been traced to bacteria and viruses from waste.

On top of this, the widespread use of antibiotics also poses dangers. Large-scale animal factoriesoften give animals antibiotics to promote growth, or to compensate for illness resulting from

crowded conditions. These antibiotics are entering the environment and the food chain,contributing to the rise of antibiotic-resistant bacteria and making it harder to treat humandiseases.

Threats to the Natural Environment

The natural environment also suffers in many ways from factory-farming practices. Sometimes thedamage is sudden and catastrophic, as when a ruptured lagoon causes a massive fish kill. At othertimes, it is cumulative -- for example, when manure is repeatedly over-applied, it runs off the landand accumulates as nutrient pollution in waterways.

Either way, the effects are severe. For instance, water quality across the country is threatened by

phosphorus and nitrogen, two nutrients present in animal wastes. In excessive amounts, nutrientsoften cause an explosion of algae that robs water of oxygen, killing aquatic life. One toxicmicroorganism, Pfiesteria piscicida, has been implicated in the death of more than one billion fish incoastal waters in North Carolina.

Manure can also contain traces of salt and heavy metals, which can end up in bodies of water andaccumulate in the sediment, concentrating as they move up the food chain. And lagoons not onlypollute groundwater; they also deplete it. Many factory farms use groundwater for cleaning, coolingand providing drinking water.

Better Alternatives Exist

Practical remedies to these problems do exist. But implementing them will require some importantchanges in factory farm practices and government oversight:

Regulation and accountability. Factory farms are industrial facilities and should be regulatedaccordingly. They must obtain permits, monitor water quality and pay for cleaning up anddisposing of their wastes.

Public awareness and participation. Local governments and residents must have a say inwhether to allow factory farms in their communities. The public is also entitled to review and



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comment on the contents of pollution reduction plans and to enforce the terms, where a factoryfarm is in violation.

New technology. Factory-farm technology standards must be strengthened. The EPA mustconsider recent technology advances that significantly reduce pathogens.

Alternative farming practices. States and the federal government should promote methods of raising livestock that reduce the concentration of animals and use manure safely. Many alternativemethods exist; they rely on keeping animal waste drier, which limits problems with spills, runoff and air pollution.

Pollution-reduction programs for small feedlots. Voluntary programs must be expanded toencourage smaller factory farms, which fall outside of the regulations for industrial facilities, toimprove their management practices and take advantage of available technical assistance andother resources.

Consumer pressure. Individuals can help stop factory farm pollution by supportinglivestock farms that use sustainable practices. In the grocery store, this means checking

meat labels for "organic," "free range," "antibiotic-free," or similar wording, which indicatesmeat raised in a more sustainable manner. Many sustainable livestock farms also selldirectly to consumers or through local farmers' markets.



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Solutions to Health and Environmental Problems Caused by Factory Farms

Factory farms, called Concentrated Animal Feeding Operations (CAFOs), produce vastquantities of manure -- more than they can manage without polluting our air and water andthreatening public health. Although a few states have dealt with factory farm pollutionaggressively by enacting moratoria on new facilities while they develop adequate water and

air protections, most states have not responded to the need to protect public health and theenvironment. Nor has the federal government solved CAFOs' pollution problems.

Protecting health and the environment from factory farms requires the following steps:

• Place a moratorium on new and expanding factory farms until adequatepublic health and environmental standards are in place and existing

facilities have effective permits.

Current Clean Water Act standards for factory farms are hopelessly out of date fordealing with livestock operations on a scale that no one envisioned even a decadeago. EPA has acknowledged that they have never issued permits to thousands of

factory farms that the Clean Water Act currently requires to have permits.

• No new or expanded factory farms should be allowed until effective new airand water quality protection standards are in place and permitting systems

have been established for these operations.

A number of states, including North Carolina, Georgia, Kentucky, Mississippi, andOklahoma, among others, have taken this step. Local governments may also enact amoratorium, as Frederick County, Maryland did.

• Recognize citizens' rights to be involved in decisions about factory farms in

their communities.

Typically, states issue CAFOs "general" Clean Water Act permits. General permits failto provide neighbors with prior notice when a factory farm proposes to move into thecommunity, fail to provide on-site inspection before issuance of a permit, and fail toinclude site-specific conditions to ensure protection of local resources, such asdrinking water wells or wetlands.

• All factory farms should be required to obtain individual Clean Water Actpermits, which will give neighbors notice of applications for CAFO permits,

provide opportunity to comment on draft permits, and include site-specificenvironmental safeguards. In addition, local governments should have

authority to regulate CAFOs.

• Ban open-air lagoons, aerial spraying of wastes, and unfiltered barn

emissions.

Air emissions, leaks, and spills from open-air manure lagoons and aerial spraying of wastes onto the land are major sources of pollution.



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• The lagoon/sprayfield technology should be banned and replaced with

technologies that do not rely on open-air storage of vast amounts of liquid

manure.

In 1998 Colorado voters passed a ballot initiative requiring tough new controls toreduce odors from waste lagoons. Livestock operations in Europe and in the United

States are successfully using livestock production methods that do not rely on thesefailed technologies.

• Make corporations that own the livestock, not just individual livestockoperators, take responsibility for environmental pollution.

In an increasing number of livestock production systems, large corporations own theanimals and contract with individual growers to raise them. These contracts typicallyrelieve the corporations of responsibility for waste disposal and put the burden onthe growers, who have fewer resources to address the problem. The largecorporations must share responsibility for waste disposal problems at factory farms.Maryland has announced that it plans to require the animal owners to take

responsibility.

• Require nutrient management plans to prevent manure runoff.

Animal waste is rich in nitrogen and phosphorus and can be a useful fertilizer whenapplied to crops at appropriate rates, but when over-applied to land these nutrientscan enter groundwater, rivers and lakes, killing fish and other aquatic life andcontaminating drinking water supplies. Although many states have some regulationsdealing with manure application, few have standards for phosphorus, an importantcause of water pollution.

CAFOs should be required to develop and implement plans that will ensure that the

proper amount of nutrients are applied in a way that does not harm the environmentor public health. These plans should include land application limits for phosphorus aswell as nitrogen.

• Ban the use of antibiotics to promote faster livestock growth.

Use of antibiotics to promote livestock growth threatens human health by increasingresistance of bacteria to drugs that humans rely upon to protect public health. TheWorld Health Organization called for a ban on using antibiotics for this purpose in1997. Since then, the Centers for Disease Control and Prevention, the AmericanPublic Health Association, and other health organizations have taken similarpositions. The European Union heeded these concerns last year when it bannedadding human-use antibiotics to animal feed. The U.S. Food and Drug Administrationshould immediately ban the use of antibiotics to promote livestock growth whenthose antibiotics are used to treat humans.



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WHAT TO EXPECT WHEN A FACTORY FARM COMES TO TOWNPHOTO AND CAPTIONS



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DOWN ON THE FACTORY FARM

Environmental Impacts from Factory Farming

Factory farms housing thousands of animals are increasing dramatically inMinnesota. These operations produce millions of gallons of manure, stored in open-

air lagoons the size of several football fields. The manure is spread on farmland asfertilizer, but the millions of gallons produced require thousands of acres of farmlandfor spreading. Often, too much manure is spread and the runoff contaminates lakes,rivers, and groundwater. According to Melanie Adcock, D.V.M.:

“…a single hog factory can produce as much waste as a small town...withoutcomparable environmental restrictions. These sites are contaminated withparasites, pathogens, heavy metals and other pollutants.”

Unfortunately, many rural communities already have serious water quality problemsfrom agricultural pollution.

Recent spills into Beaver Creek in Renville County and the Root River in OlmsteadCounty spewed tons of manure, killing hundreds of thousand of fish, and threateninglocal water supplies.

Demise of Family Farms and Rural Communities

Minnesota is the third largest hog producing state. Unfortunately, more and morelivestock are being produced by corporate-backed factory farms, not Minnesota’sfamily farmers. Producers raising 1,000 hogs or more now control 45% of hogproduction in our state. Minnesota is also second nationally in turkey production andfourth in dairy and veal production.

When factory farms move into a community they promise increased tax revenues for

the county, better markets for local farmers, jobs, and more commerce forbusinesses. However, studies show that large-scale livestock operations usually buyequipment from out-of-state sources and use big name contractors, rather than localones for construction. The “new” jobs created are typically low wage “dirty boots” jobs with a high turnover rate. Communities near factory farms usually experiencepopulation declines, plus a rise in rates of unemployment and poverty.

Concerns About Animal Health and Well-being

Factory farms raise animals in confinement. Hens are caged without nests andcannot spread their wings or stand up. Sows cannot turn around in their small metalstalls. Rachel Carson, author of Silent Spring stated:

Gone are the pastoral scenes in which animals wandered through green fieldsor flocks of chickens scratched contentedly for their food. In their place arefactory-like buildings in which animals live out their wretched existence

without ever feeling the earth beneath their feet, without knowing sunlight, or experiencing the simple pleasures of grazing for natural food----indeed, so

confined or so intolerably crowded that movement of any kind is scarcely

possible.



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These overcrowded factory farm conditions result in severe physiological as well asbehavioral animal afflictions. Anemia, influenza, intestinal diseases, mastitis,pneumonia and premature death plague animals living in confinement.

Human Health Concerns:Food-borne Illness and Antibiotic Resistance

Animals raised on factory farms are particularly susceptible to disease because of crowded living conditions and weakened immune systems. Food-borne cases of salmonella, E.coli, campylobacter and lysteria monocytogenes range between 3-6million in the U.S. annually, with fatalities in the thousands. Medical costs and lostproductivity amount to $1.73 billion to $5.3 billion annually. According to Dr. MichaelW. Fox, author and veterinarian:

The number of people becoming sick, chronically ill, and even dying from food-borne

diseases after consuming meat, eggs, or dairy products is so considerable that we

should consider these diseases as the new plagues brought on by theindustrialization of agriculture.

More than 50% of the antibiotics manufactured in the U. S. are given to animals.Some of the antibiotics are given to treat or prevent disease but the vast majorityare mixed into feed to promote growth. Low doses of antibiotics are given to animalsfor weeks or months at a time. This long-term exposure causes the proliferation of bacteria resistant to one or more antibiotics. Some of these bacteria are common toanimals and humans. Many scientists fear that human diseases resistant totreatment by antibiotics will develop in animals and spread to humans. Dr. StewartLevy, professor of Medicine at Tufts University of Medicine warned, “If imprudentpractices are not held in check, we can expect a time when our inexpensive and safeantibiotics will no longer cure even the most common human infections.”

Odor and Toxic Gases

Odor and toxic air emissions from large-scale confinement operations areuncontrollable and can cause serious physical and psychological effects on peopleliving near and working in these operations. Over 150 volatile compounds areproduced by the decomposition of livestock waste. Ammonia and hydrogen sulfideare two of these gases which cause environmental and health problems. Ammoniacauses irritation to the eyes, nose, and respiratory tract. When large amounts arereleased, it falls to earth in rain and leads to the eutrophication of surface water.Hydrogen sulfide is a toxic gas which acts as an irritant and can asphyxiate itsvictims. Hydrogen sulfide causes respiratory problems, nausea, vomiting,headaches, sore throats, and other health problems. Recent air quality testing bythe Minnesota Pollution Control Agency around large-scale livestock operationsindicates that ambient air quality standards were exceeded in over half of the sites

tested. Levels 600 times higher than state air quality standards were measured atone operation.

Sustainable Agriculture:

a profitable and environmentally sound way to raise livestock

Fortunately, there are alternatives to raising livestock in confinement. Family farmsand sustainable farming build communities. Studies from Iowa State Universityshow small hog farms create more jobs and produce more revenue for local and



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state governments than do larger hog operations. Findings from a University of Minnesota study support this claim. Sustainable practices offer economically andenvironmentally sound means of raising livestock. Hoop houses, developed inSweden, use composting and deep straw bedding to inexpensively reduce odor andother waste problems in pork production. Rotational grazing can be used on dairyfarms to minimize environmental problems. Studies show that these methods are

profitable, reduce energy and chemical consumption, and avoid air and waterpollution, associated with factory farms.

W h a t y o u c an d o :¾ Do not buy products from factory farms.¾ Urge your legislators to support a moratorium on large-scale livestock operations

and to support strong policies to control factory farms including:¾ The use of open air waste storage lagoons should be permanently banned.¾ All large-scale livestock operations must be required to have permits, subject to

public review, public comment and hearings.¾ Air and water quality monitoring should be required for all large-scale livestock

operations.¾ Inspections should be required on a regular basis, at all large-scale livestock

operations.¾ The names of all operators, investors, and owners of livestock should be public

and these individuals should be held responsible for pollution caused by theiroperation.

¾ Elect candidates who take a position against factory farms and support strongenvironmental regulations to control them.

¾ Write letters to the editor, call radio talk shows, and educate others about theissue

¾ Support Clean Water’s campaign against factory farming. Fill out the attachedmembership form and mail it to our office along with your contribution. This willhelp us continue our assistance to rural communities fighting factory farms,publish new materials, and educate public officials about the negative

environmental and social effects of factory farming.

Cl e a n W a t e r ‘ s Fe e d l o t P o l l u t i o n P r e v e n t i o n P r o j e c t

Clean Water’s Feedlot Pollution Prevention Project focuses on providing targetedorganizing, informational, and policy support to state and local efforts to preventfeedlot pollution. Since the feedlot project began in 1994, CW has worked with familyfarmers and rural residents to protect air and water quality resources and slow theproliferation of large-scale feedlots. At the State Legislature, CW with family farmersand rural residents, successfully fought to pass legislation to protect the environmentincluding laws which require the State to enforce air quality standards around large-

scale feedlots, require large-scale feedlots to have Federal Clean Water Act permitsand provide funding for sustainable agricultural research. On the local level, CW

helps rural residents organize against the permitting of factory farms in theircommunities and to obtain permit conditions which protect the environment . CleanWater has published two guide manuals, A Citizen’s Guide to The Environmental Review Process for Large-Scale Livestock Operations and The Citizen’s Guide to

Preventing Large-Scale Feedlot Pollution to further citizens’ efforts to stop factoryfarms in their communities. We need your help to continue our work.



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References:

• Dr. Michael W. Fox, Eating With A Conscience, The Bioethics of Food , NewSagePress, Oregon.

• Hog Wars: The Corporate Grab For Control Over The Hog Industry, a publicationof the Missouri Rural Crisis Center.

• Against Nature: The Sensitive Pig versus the Hostile Environment of the ModernPig Farm, A reprint from Humane Society of the United States News, Spring1996.

• Dr. Stewart Levy, The Challenge of Antibiotic Resistance, Scientific American,March, 1998.

• Dr. Kendall Thu, ed. Understanding the Impacts of Large-Scale Swine Production:Proceedings from and Interdisciplinary Scientific Workshop. Des Moines, IA , June1995.

For more information contact:

Clean Water Action Feedlot Pollution Prevention Project

Suzanne McIntosh, Program Coordinator

Julie Jansen, Program Organizer Andrea Kiepe, Program Assistant326 Hennepin Avenue E.Minneapolis, MN 55414612-623-3666



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NAT I ONAL CAMPA I GN FOR SUSTA I NABLE AGR I CULTURE

P.O. Box 396, Pine Bush, NY 12566, (914) 744-8448, Fax: (914) 744-8477,email: [email protected]

November 17, 1998

EPA/USDA Unified National Strategy for Animal Feeding Operations

FACT SHEET NO. 1: ENVIRONMENTAL DEGRADATION AND PUBLIC HEALTH

THREATS FROM FACTORY FARM POLLUTION

Factory farms have harmed human health, degraded watersheds, and destroyedaquatic life across the nation. This Fact Sheet summarizes some of the majorenvironmental and public health problems caused by pollutants generated by factoryfarms.

POLLUTION FROM FACTORY FARMS DEGRADES WATER AND AIR QUALITY 1. Nutrient Over-enrichment: Phosphorus and nitrogen, the two major nutrientsin manure, are major water pollutants when present in excess concentrations. At

high levels, phosphorus is acutely toxic to fish. At lower levels, phosphorus andnitrogen over-enrich water bodies, stimulating vegetative production, often in theform of massive algal blooms. The change in vegetation alters the ecosystem.Moreover, this eutrophication process may result in severe degradation of a waterbody, when the vegetation decays under conditions that deplete oxygen in the waterbody. In addition to adversely affecting aquatic life, the presence of algae and othermicroorganisms may render the water unpalatable if it is used as a drinking watersource.

On a large scale, nutrient over-enrichment from agricultural sources, includingfactory farms, contribute to the large oxygen-depleted region in the Gulf of Mexicoreferred to as the "dead zone'. This zone covers over 7,000 square miles during thesummer months, an oxygen depleted area that cannot support most aquatic life.

Nutrient pollution is also implicated as the trigger for the development of the fish-killing form of the marine micro-organism Pfiesteria piscicida. The toxins from thisorganism can also have significant adverse effects on the human nervous system.Nutrient runoff from swine and poultry operations are implicated in blooms of thisorganism in North Carolina coastal waters and in the Chesapeake Bay.

Nitrogen in the form of ammonia is extremely toxic to aquatic life and nitrogenpollution can stimulate algal blooms, resulting in fish kills, in coastal waters. Openair animal waste cesspool lagoons, aerial application of liquid animal waste, anddirect emissions from animal holding facilities all can emit ammonia nitrogen as airpollution which is eventually redeposited in water and on a land, adding to thenitrogen pollutant load. For example, the North Carolina Division of Air Quality hasestimates that megahog farms constitute the single largest agricultural source of airborne ammonia in North Carolina. In Eastern North Carolina, hog operations

generate about 135 million lbs of nitrogen per year.

2. Contamination of Drinking Water Supplies: Pollutants from factory farms cancontaminate both surface and groundwater drinking water sources. Groundwatercan be polluted when pollutants leach through soils or more directly throughdrainage facilities. Groundwater under porous substrates such as karst limestone orsandfields is particularly vulnerable to pollution. Nitrate is a major pollutant of concern in drinking water supplies because at high levels nitrate causes



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methemoglobinemia, or “blue baby” syndrome, by inhibiting oxygenation of theblood of infants and fetuses.

In addition, animal waste contains numerous human pathogens, most notably fecalcoliform bacteria. Another major pathogen is cryptosporidium. In 1993, thecontamination of Milwaukee's water supply by this pathogen sickened over 400,000

people and led to the deaths of over 100 people.

3. Odors and Hazardous Gas Emissions: The animal confinement facilities, wastelagoons and land application operations of factory farms emit numerous air pollutingcompounds. The two most toxic appear to be hydrogen sulfide and ammonia. Theodors from factory farms can cause dizziness, nausea, vomiting, and black outs.Only within the last few years have a few state health or environmental agenciestaken neighbors’ complaints about air pollution seriously. The Minnesota PollutionControl Agency made tests of air quality in Renville County this year that confirmedprevious measurements taken by outraged local residents - the air emissions of about one-half the factory farms tested exceeded the state's public health standardfor hydrogen sulfides. State health and environmental agencies have also not yetadequately examined the health effects of other air pollutants, such as dust and air-

borne stages of pathogenic organisms.

4. Contributions to Global Warming: Methane gas, produced in anaerobicmanure storage systems, is a potent greenhouse gas implicated in global climatechange. The EPA estimates that from 1990 to 2000, the amount of methane gasproduced by manure management systems will have increased from 10 percent to15 percent of the total U.S. methane emissions.

5. Adverse Effects on Soil Quality: Metals added to animal feed as tracenutrients can end up in manure. When the manure is over-applied to land, themetals may accumulate to levels that render the soil unfit for plant production.

CHRONIC LEAKAGE AND CATASTROPHIC SPILLS Many factory farm animal waste holding systems are designed to slowly leak orto release pollutants as volatilized air pollutants. Massive amounts of animal wasteapplied by aerial irrigation or over-applied to the land also contribute to water andair pollution loads. This persistent and chronic release of nutrients and othersubstances from multiple sites in a watershed can result in significant adverseenvironmental effects.

In addition, many factory farm cesspools have suddenly failed, resulting incatastrophic spill events. The following is a summary of some of the manydocumented spills:

1. Between 1990 and 1994, according to Missouri's Department of NaturalResources, 63 percent of Missouri's factory farms suffered spills.

2. In 1995, an 8-acre animal waste lagoon in North Carolina burst, spilling 35million gallons of animal waste into the New River. The spill killed 10 millionfish and closed 364,000 acres of coastal wetlands to shellfish harvesting.

3. In 1996, forty spills killed contaminated rivers and killed 700,000 fish in Iowa,Minnesota, and Missouri.

4. In 1997, Indiana had 2,391 spills of manure from animal feedlots.5. In 1998, a 100,000-gallon spill into Minnesota's Beaver Creek contaminated

the Creek and killed close to 700,000 fish.



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For more information on the public health and environmental harms from factoryfarm related water and air pollution, consult the following sources:

Environmental Defense Fund, Dr. Joseph Rudek, Regional Office, Raleigh N.C.,ph: (919) 881-2601, web: <www.edf.org>.Families Against Rural Messes (F.A.R.M.), Elmwood, IL, ph: (309) 742-8895,

web: <www.farmweb.org>.Illinois Stewardship Alliance, Rochester IL ph: (217) 498-9707,web:<www.uwin.siu.edu/~isa/>.Land Stewardship Project, Mark Schultz, Twin Cities Area Office, MN ph: (612)823-5221; web <www.misa.umn.edu/lsphp.html>.Natural Resources Defense Council, Robbin Marks, Washington D.C., ph: (202)289-2393.



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INSPIRATION: SIGNS TO GET NOTICED



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FACTSHEETS AND BROCHURES



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PHOTOGRAPHS



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WILLY AND THE POO Written by Bill Weida

Illustrated by Jo LangerCopyright June 2000

I.On farms and in towns in a valley of greenLived farmers and ranchers in county Dundeen.And under the valley in pools deep and sweet,Lay water to drink and good food to eat.

When talking to others, those folks of DundeenSaid, "It's paradise here, so peaceful, so clean!A place to raise children, a place that inspires,A place to grow old, when one stops and retires."

Young folks in Dundeen, starting out on their own,

Found money was tight as they struggled alone.So they first would raise pigs, for hogs take great care,And young folks have time but not dollars to spare.

Communities prosper when their young stay around,While food that is grown from the crops in the ground,And water that comes the pools down belowBind the people together in a place they can grow.

II.While Dundeen was happy, elsewhere in the landProfessors at Ag schools were lending a hand

To corporate interests whose money could buyResearch on factories that make small farms die.

These animal factories were based on a planTo crowd things so tightly no animal canMove freely or feed like most animals do.They were raised in a cell--a room with no view.

But where many hogs live, strong odors aboundThat affect people's lives for miles all around.And tons of hog poo spread all over the landCause problems aplenty - unless folks take a stand.

The reason one heard for committing this sinWas to make things efficient, to bring money in.But the animals knew these factories were bad.Their response was to die from the stress that they had.

Since you can't sell a corpse for pennies per pound,Corporations demanded solutions be found.



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Antibiotics and new special feeds,To keep pigs from dying, to meet growers' needs.

Each pig they produced was now raised in a stewOf chemicals, medicines, and a lot of its poo,Was identically sized with meat that was lean,

Efficient to slaughter, less hog than machine.

III.One day a stranger arrived with a schemeFor that old Smith place on the bank of the streamThat runs through the valley and seeps down belowTo replenish water to drink and to grow.

A product of Ag schools---taught "get big or die,"This stranger's appeal was based on the cryOf econ development (and good jobs, of course.)"It's time to act now, because things may get worse.

"You'll need a big factory to breed and raise hogs.You'll need lots of workers to serve as small cogsIn a giant machine whose output is food-And whose by-products add to the corporate good.

"For the corporate good is required, you know,To generate capital so investments will grow,To make this hog factory technologically sound,To lower the cost of hogs sold by the pound."

"It sits in lagoons, where it sits in small lakes,

It's flushed and it's gathered, whatever it takes,To get liquid poo away from the hogsAnd out on the land where it seeps and it sogs."

"But, sir," said young Willy, "I've pigs of my own,And their poo smells bad when it's out on the lawn.What you are proposing sounds terrible to me,Huge pools of hog waste to smell and to see.

"The lagoons you propose are as foul as they're deep.They'll leak from the sides. They continue to seepWith nitrates and metals and pathogens too,All part of a soup that's made of hog poo.

"And the factory you plan sits next to the streamWhere I swim and I fish. But now with your schemeThe hog waste is liquid. It'll all run downTo pollute all the water that's used by our town."

IV.Now, proposals for hog farms must first be approved



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By Planning and Zoning where approval is moved,By P and Z members after they've weighedThe good points and bad points the speakers have made.

While the stranger held forth at the old P and Z,In the audience sat young Willy McGee,

Who asked, (raising his hand, trying not to be rude),"What are these by-products to which you allude?"

"Young man," said the speaker, "all hogs produce poo.Our hogs are no different. When numbers are few,The land can recycle the hog waste you get,But as hog numbers grow, the hog waste must sit.

"Believe me, my boy, we will treat all that poo.We'll make it so safe, it will be good for you.You won't smell a thing. You can trust in our word.You won't need a bond, just the pledge that you've heard."

Young Willy had more he was dying to say,Put the P and Z folks moved to call it a day."Enough time's been wasted on things that don't matter.We've heard plenty now. We don't need more chatter."

The site was approved on a 5 to zip vote.The commission adjourned, the chairman took noteOf the jobs and the money now bound for Dundeen,Where the air was so pure and the water so clean.

V.

In no time at all the construction began,With sheds and lagoons laid out on a plan,With wells that drew water to flush all the waste,And roads to bring feed and remove hogs with haste.

The first pigs arrived, and then more and then more,'Til the land of the Smith place held hogs by the score.The hogs - well, they ate and produced lots of pooWith odors that carried on winds as they blew.

And the jobs that were promised weren't all that great.The few that there were paid a very low rate,And the folks that they hired all came from outside.Could it possibly be that the stranger had lied?

VI.It wasn't too long before folks in DundeenWere forced to admit that their air wasn't clean.The stench from the hogs was far worse than they'd guessed,In mornings and evenings with wind from the West.



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Young Willy reported that on opening dayHe'd gone down to fish, and to his dismay,The water looked funny, the fish had all died.Downstream from the hog farm no life had he spied.

No one can recall how the concept first spread,

But the folks in Dundeen now found in each headA thought, no, a fear, that their water was bad,That hogs had polluted this resource they had.

But once hogs get in they are hard to get out,And so the hogs stayed while the community fought,Pitting those to whom odors were causing great harmAgainst those whose income came from the hog farm.

While the battle raged on - the lawsuits did too,And right through it all, the hogs made more poo.It drained and collected in lagoons with a leak,

And a dead zone replaced what had once been the creek.

Out in the country, where the wells had been fine,Each family drank from a new water line.Those great pools of water that were under DundeenWere no longer great, and were no longer clean.

VII.Still, time marches on, and ten years have now gone.Young Willy the boy is now out on his own.One morning, arising along about dawn,Willy drove by the hog farm - the pigs were all gone!

Willy raced into town to spread 'round the word,And strangely enough, he found no one had heard,Except that one worker who worked at the farmSaid, "The site was diseased and caused the hogs harm."

"It turns out," the worker continued to say,"With that many hogs, to keep sickness at bayYou have to move often, you have to move fast,And hog farms like this one just aren't meant to last."

"But what," Willy said, "about all the lagoons?And all of the pig poo and buildings in ruins?In short, who will clean up this mess that's been made?""Not me," said the worker, "I'm no longer paid."

VIII.Now Willy is mayor, elected by thoseWho remembered the boy and questions he'd pose.When he talks to outsiders, wanting them to move near,They say, "Your valley's filthy, who'd want to live here?"



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And on farms and towns in county Dundeen,The folks have all learned that to keep water clean,And to keep air so pure one loves to inhale,You must always remember some things aren't for sale.

For land once polluted is hard to redeem.

A few short-term jobs or a quick-money schemeWon't cover the costs to the earth and sky,Or the costs that occur when communities die.

THE END



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Five Local Strategies to Keep CAFOs Out

1. Use the public comment and review process

Get on every mailing list possible: Division of Environmental Quality (stateenvironmental agency), USDA/NRCS, EPA, Army Corps, county Planning & Zoning,

and any other agency that may have to issue permits or review applications fromCAFOs. Scrutinize the public notices and other information sent out on CAFOs - theinfo may be concealed or listed in such a way that it is not immediately apparent.

Follow up: provide comments on water quality, air quality, socio-economic issues,whatever. You don't have to be an expert (although soon you will discover that youare becoming one); keep reminding the agencies that they are REQUIRED not onlyto listen but to RESPOND to citizens' comments. Get involved in state levelcommittees and agency working groups that are charged with issues related to waterquality, air quality, or CAFOs. Push every button at every level.

Keep commenting and enlist others to join you. Let them know that you are not

going away - this falls under the heading of "wearing them down." Sooner or later,you will begin to notice incremental changes in the way things are done, and if enough forces are gathered, the Planning & Zoning, health departments, and finallythe state agencies will begin to respond positively - and may even turn down apermit or make conditions actually protective of the environment (which means thatthe applicant will likely withdraw).

2. Organize a Friendly Letter from the Neighbors

If you learn that a CAFO is moving in - or a landowner is about to become a contractgrower, one tactic Missouri activists have used successfully is what is now known asthe "neighbor letter." Quite simply, all of the adjacent and neighboring landowners

send a letter to the company and the potential contract grower telling them thateveryone is having their properties appraised and will have the properties re-appraised nine months after hog production begins. The letter concludes by statingthat the neighbors will sue the company and the grower for any loss of propertyvalues. See a letter template.

NOTE: The appraisals must be completed and the letter sent PRIOR TO the beginningof construction of the facilities.

3. Press for County Health Ordinances

Most states won't let counties zone for "agricultural operations." Even though we all

know that a CAFO is really an industrial operation, not a farm in any sense, legallythese operations are still considered "agricultural." But, all counties have theauthority, indeed the duty, to adopt ordinances to protect the public health andwelfare - including protection from rank odors and noxious emissions. You and yourallies can place pressure upon country commissioners to adopt such ordinances.Model ordinances are listed in the Toolkit section on additional resources.

4. Use the "threatened or impaired watersheds" process



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Obtain from your state water regulatory agency or the USEPA regional offices foryour area a copy of the listing of all "impaired waterbodies" or the "303(d) list" foryour state. Every state has such a list. They can also provide you with a copy of theregulations that govern the impaired waterbodies process. No new or expandedCAFOs are allowed to locate in the drainages of impaired waterbodies unless verystrict standards are met. If you know of a new or expanding operation in an impaired

waterbody, report this to the state agency, the regional office of EPA, and to KenMidkiff, Coordinator of the Sierra Club Clean Water Campaign (who will follow upwith EPA-DC).

5. Sue them

This is not necessarily the last resort. In fact, just filing a lawsuit opens a lot of doorsand lets everyone - the agencies, politicians, and the CAFO owner or grower - knowthat you mean business. Suits can be filed under the "citizens suit" provisions of thefederal Clean Air Act and Clean Water Act, and legal fees are recoverable (which ishow your attorney will get paid). Lawsuits are easier and you are more likely toprevail if a group of plaintiffs files jointly. The problem with a lawsuit is that you may

have to show that you have been harmed - which means waiting until aftersomething negative has occurred. Recent cases, however, have prevailed on thebasis of a "presumptive nuisance," which means that certain things can be presumedto be a nuisance and there is no need to wait until a nuisance is actually created.



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Testimonials

Illinois Smell, Dec. 15, 2001

On Dec. 8, a citizen had a letter to the editor about having to smell the smoke fromburning leaves. Although I feel he has a legitimate complaint, I would trade problemswith him any time.

We, the rural residents northeast of Metamora, are the target of an attempt tocondemn us to a life sentence, 365 days a year, of living next to 12,000 hogs. Thesehogs do not just smell for a few weeks in the fall but every day of the year.

This sentence is being railroaded through by one of our "Christian" neighbors andmost of the members of our own Woodford County Board. Of course, they tell us thisis only a part of living in the country around agriculture. Some farmers have saidthey have raised hogs and the smell is not that bad, but they did not raise 12,000hogs in one place, over pits that store the manure for a year at a time. They do not

realize the stench, pollution and toxic fumes that it creates. They have never beenaround an operation like that.

Also in the paper on Dec. 9 was an article about (an owner of) the problem-riddledInwood Dairy possibly opening another 500-head facility two miles from the existingone. This is just a start. The residents of Woodford County had better wake up. Isthis what we want for our county? Contact your state representative and boardmembers and let them know how you feel. Remember, one of the hog or dairyfactories may be in your neighborhood in the near future.

Illinois, October 2001

Re: the proposed super-size hog operation in Woodford County, Illinois:I recently received a letter from an old friend in Merna, Neb., a rural town about ninemiles from Broken Bow in Custer County. It is only incidental that we both lived inBellflower, Ill., site of a proposed super-size livestock facility in the early 1960s.

Quoting a passage from the recent letter:"We'd still like to retire in the Merna area, but property is expensive, as Merna is abedroom community for Broken Bow, with people moving out here to get away fromthe smell of Adams' feedlots. Their larger lot has nearly 100,000 head right now. Thesmaller one about 25,000 head. So at times the smell is horrible, even out here in

Merna, but not as bad as Broken Bow."

A difference in quantities. A difference in animals. Same smells. Gives us allsomething to think about.

Illinois, October 2001



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I am a mother of three and I live in the country in Henderson County Illinois. Myhome, which my husband and I built in 1978 with our own hands, has been next to ahog confinement for the last 5 years. I didn't ask for this, have done all I can think todo and will continue to fight for my family's quality of life in our home.

The Attorney General of the State of Illinois has taken a strong stand against a

livestock confinement operator, Alan Durkee, in Henderson County. The Durkeeoperation is affiliated with Oakville Feeds, an Iowa corporation. In February 1998, alawsuit was filed by the Attorney General’s Office in Henderson County Circuit Courtalleging sixteen violations ranging from improperly discharging manure in Illinoiswaterways, nuisance violations and improperly operating his hog confinement insuch a way as to contaminate the air of his neighbors, who are approximately ½ milefrom his operation. I am one of those neighbors. It took two years, over 100 pagesof written complaints, hundreds of hours of documentation and follow-up, dozens of phone calls, personal meetings, letters seeking support for our cause, pleading withDurkee for relief and many trips to Springfield. We still now completed the courthearings (2 years ago) and still don’t have significant and meaningful relief from theodors.

For those who criticize our "complaining" and dismiss it as an attempt to regulate afarming operation, please consider what this "farm" is. Calling this operation a farmis a little like calling MICROSOFT a cottage industry.

Mr. Durkee purchased his five acre "farm" for a token sum from his father-in-law in1995. This was fifteen years after we lived in the area, 20 years or more since someof our neighbors moved into the area. A five acre landowner and an Iowacorporation. Not a farmer as agricultural and zoning laws were originally intended toprotect: someone who toils to bring us produce and meat, someone who depends onthe land to produce and produces only what the land needs. Where weather, soil andproduction all come together to create the harvest bounty. However, the truth is, thelaws are protecting factories--industries capable of mass producing meat and tons of

dangerous waste when handled incorrectly. These industries don t depend on theweather, they don t need the land and they don t depend on anything butthemselves. True farmers use the livestock waste as an efficient and safe cropnutrient. Corporate farms use the land as a place to dump waste--in any quantitythey can get away with.

On this five acres, Durkee has approximately 2,300 swine and one nearly two-acrelagoon. Only an estimated 60-70 feet from the edge of this two-acre lagoon lives anelderly couple in their 80's. They live in the farmhouse where they lived long beforeMr. Durkee was born and are therefore entirely unprotected by the laws.

The IEPA has given Mr. Durkee numerous chances to address the violations since ourfirst call in June of 1996. He received no fewer than six written official notices,

several personal visits from IEPA investigators and numerous meetings with IEPAofficials. Only after all of this was the case referred to the Illinois Attorney Generalon January 23, 1998. I know of many other citizens in our same dilemma who havegiven up long before the end of this required cumbersome process.

What happened while Durkee received IEPA notices for two years? Durkee and theIowa corporation have continued to raise swine, earn money, put up two new hogfactories within 1 ½ miles of a school and nursing home, erected a huge farrowingfacility in Fall Creek, polluted a creek, killed the fish, hired an Iowa corporation which



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over-applied waste on a neighbors field (not Durkee’s), confined us to our homes,caused our children suffering, seriously restricted our use of our own home and yard,ignored the complaints of the elderly and families and made more money. Ourfactual complaints did nothing to slow him down nor make him immediatelyaccountable to the public and the state. These laws are isolating and depriving ruralresidents of the simple pleasures in life that everyone takes for granted--even those

of us beyond the current setback limits. This is why setbacks need to be increased.Local government officials did express concern for us, but said they couldn’t doanything. This was the same response received by citizens in the northern part of our county near Fall Creek when Oakville Feeds of Iowa put up a facility there. Thesame response was received when Stronghurst residents and school officialsexpressed concern about Durkee’s newest facility one mile from town.

The new livestock operations in the last few years invading Henderson County,Illinois are contracted with Oakville Feeds, an Iowa corporation. The Fall Creekfacility is causing difficulty for neighbors due to air contamination and they want todouble their operation. Feed is bought from Iowa, services provided from Iowa,profits to Iowa, etc. What does Henderson County, Illinois get...the manure---millions and millions of gallons of black, odorous waste which when improperly

handled becomes deadly to wildlife, humans and nature.

The Attorney General complaint alleges Durkee started operating in November of 1995 and (according to Durkee) did not discharge any waste until November of 1997. During an inspection by the IEPA on 7/9/97, the liquid surface of wastewaterin the lagoon was at the bottom of the outlet pipe serving the confinement buildings.In July and August of that year, we had 13 inches of rain in our vicinity. Four monthslater, when he and an Iowa company, not even registered to do business in Illinois,improperly discharged the lagoon and polluted Middle Creek, he claimed to the AGthat the lagoon was being pumped for odor control--not the fact that it was full! Thiskind of rhetoric smells as bad as the confinement!

Our complaints are not petty. While his operation is protected by the statutesprotecting agricultural operations and not subject to local control, our constitutionalright to our quality of life are put on a back burner. In May of 1997, we had 28 daysout of 30 that we could not have our windows open, could not work outsideuninterrupted, and suffered varying physical ailments all due to the strong offensiveodors invading our home and property. Remember, these smells are not justoffensive; they are a veritable cocktail of chemicals.

This issue basically comes down to quality of life and the environment of countrydwellers vs. corporate profit.

All told, our neighborhood has suffered and endured over 200 days of significantodor restrictions in a two year period. Our worst months are April, May, June, July

and August with an average of over 12 days per month of significant restriction dueto odor violations. That’s almost half of the spring and summer our lives arerestricted to the inside or we relocate to some other outdoor setting. There are daysthe odor is so strong, it invades the inside of our home even with the house closedup.

Some Agriculture and Conservation House committee members have mocked theseriousness of our situation. We are victims. We are victims of actions severelyimpairing our quality of life.



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The Warren-Henderson County Farm Bureau is taking sides on the hog factory issueand it is not on the environmental side of its rural and town residents who are FarmBureau members. They are protecting one type of agri-business only--corporate hogfactories. At the state meeting of Farm Bureau, the Illinois Farm Bureau authorizedtheir legal counsel, at the request of the Warren-Henderson Farm Bureau, to assist in

the defense of Alan Durkee, the hog factory operator whom the Attorney General hasfiled over 16 pollution/nuisance violations against in Henderson County. Farm Bureauto this day in 2001 continues to exercise muscle with local government units andindividuals denying them freedom to speak or take a position that is in opposition tothe Farm Bureau rhetoric.

All of the victims of the last two years who have met and complained aboutenvironmental violations with the Durkee operation were Farm Bureau members.One family grew tired of Farm Bureau rhetoric and withdrew their membership thisyear.

Farm Bureau is supporting an environmental polluter who has polluted farmland,rural waters and the air. Could Farm Bureau be worried about their sister company,

Growmark, and its many hog factories instead of their membership? Surely moneywouldn’t come before the welfare of its membership! Apparently Farm Bureau is notinterested in the environment if it will interfere with its pocketbook. Perhaps thisexplains why Farm Bureau supported Senate Bill 1707 (sponsored by SenatorsSieben and Donahue) which regulates small operations of even 60 sows with aholding pond the same as 6,000 sows.

Farm Bureau’s actions (locally and at the state level) are an outrage! Farm Bureaushould immediately withdraw their support of the environmental violator here andanywhere else in the state. Their services should instead be offered to the victims of operations which are polluting the environment. Farm Bureau should also be beggingto help the IEPA and Attorney General’s office deal swiftly and effectively with hog

factory polluters. Only by addressing pollution issues can they protect farmers, farmsand farmland in Illinois.

I encourage you to get involved now. Don’t assume that the environment is self-sustaining with no help from those of us who use it. We need to use our resourceswisely and efficiently. We need to treat the environment as if it is the most importantthing we have--which it is. Remember, twenty years is a long time. Where will we betwenty years from now if we don t stand up and take stock now. Keep recycling,buying energy-efficient appliances and using biodegradable detergents. But don’t beafraid to go one step further and improve your neighborhood, town, county, stateand country.

We Had A Good Life I'm a 58 year old male. My wife and I have lived in our home for 36 years, we had agood life, family and friends came over and we had cookouts about every weekend.We have worked most of our lives to get what we have. Our home, two cars, motorhome, and money in the bank, we had good health, WE HAD A GOOD LIFE. Thencame state-of-the-art HOG BARNS with pits with 4,000 hogs 750 feet from our



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home. Now our life is a living HELL. Our friends stop coming, our grandkids don'tcome and spend the night with us. Your life is not the same, you can't go outsidewhen you want, you might spend three to four days locked inside, no cookouts. Youplan your days on what way the wind blows and you don't plan days ahead. Thenthere is your house - you seal all your windows, plug all your outside vents, like yourdryer, put in central air. You will never sleep with your windows open again. Then

there is your health, I went from good health and working every day to bad healthand not working. I have been to some of the best doctors from the Mayo clinic to theUniversity of Michigan; they all tell me the same thing: MOVE - which can't be donebecause you can't sell your home. I had a lab test for mold: VERY LOW-3000.EXTREMELY HIGH-1,000,000. MY HOME TESTED-1,255,000. Now is the time to stopthem. Once they build, the state will pass new laws to protect them. I have spentabout $50,000 on attorney’s fees and five years of my life trying to stop them andit's still in the courts. So stop them now before it's too late; once they build one youwill have a lot more. As far as the ODOR, there is no way of stopping it; you cansmell these barns next to me 5 to 6 miles away so stop them NOW. This just the tipof the iceberg.



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SAMPLE AGENDA

AgendaFactory Farm Meeting

Community, TownDate

6:00pm Introduction by Organizer

6:15-7:15pm Overview of Factory Farm Issue

Video Presentation – “And on This Farm” Jane Doe – lives next to CAFO in Nextdoor, MTBob Smith – water quality expert, US University

7:15-7:30pm How Does This Affect Our Community?

7:30 – 8:00pm Question & Answer Session

Time and Date of Next Meeting

8:00pm - ? Refreshments

Questionnaire for Neighbors of Factory Farms



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We are gathering information and anecdotes to share with decisionmakers about the experience of living in a community that is locatednear a factory farm. The stories we gather will have much more valueif you are willing to identify yourself and give an address. Legislatorsand other decision makers pay attention to their constituents.

Name:Address:County:Township:Phone:Email:

1. How close do you live to a factory farm? What is the worst problemthe factory farm creates for you and your family?

2. What is the worst problem the factory farm creates for yourcommunity?

3. Do you have any documentation that your property value has beenlowered because of the presence of the factory farm?

4. Has the odor from the factory farm prevented you from enjoyingyour property or curtailed your normal activities? Has anyone inyour family suffered from health problems as a result of the air orwater pollution caused by the factory farm? Have any of theoperations of the factory farm (i.e., manure spreading, traffic,equipment operation, etc.) affected your enjoyment and use of yourproperty or community or created any hazards?

5. Have any smaller family farm operations in your community beendriven out of business by the factory farm?

6. Have your local elected officials been helpful with your concernsand/or problems with the factory farm?

7. Do you have any pictures or videos that show hazards or pollutionat a factory farm?

8. Would you be willing to speak to the press, share your stories withyour legislators, or testify at a public hearing or public meeting?(Answering “yes” does not commit you to any of these activities.)

(Adapted from a questionnaire created by The Alliance to Control Factory Farms inPennsylvania.)

HOW TO CREATE A PHONE TREE



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A phone tree is an easy and efficient way to quickly disseminate informationto your group. Select someone in your group to be the coordinator. Thencreate a flow chart with the coordinator at the top and group membersbelow. The size of your organization will determine how many people eachperson calls. For example, the coordinator might be responsible for phoning

three people. Each of those three people will be responsible for phoningthree more people, who in turn might each phone three more people, etc.,until everyone in your organization is contacted.

The coordinator should be responsible for initiating the phone tree, soanyone who wants to put a message out to the group should phone thecoordinator with the message. S/he will be in charge of initiating the tree.

Important points to remember:

• Write the message on a piece of paper. Make sure each person youphone also writes down the message. Have them read it back to youto ensure they heard it correctly.

• If someone is not home, leave a message on their machine, butcontinue calling the next person on the list until you actually getsomeone on the line. Do not assume a message left on an answeringmachine will be passed on to others.

• Make sure everyone in the group has a complete phone list of allmembers, in case someone is not home. The person making the calls

will continue down the list until s/he reaches three people personally.

• Remind group members not to speculate in their phone tree calls -they should just pass on essential information.

• Make sure the last people in the tree call the coordinator to repeatback the message. This will ensure that everyone has received itproperly.



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SAMPLE PETITION

To (prospective owners):

We, the undersigned, feel strongly that the building of the proposed(Name) Mega-Dairy/Hog/Poultry Factory near (Town, State,) wouldhave many negative effects on the local environment, local residents,and would be a disaster for the future of (the region/county/area). Werespectfully and passionately urge you not to build the (Name) in(your region).

Name Address

Date Mailed to (Owners): ____________________



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Tips on Setting Up District MeetingsFor Small Nonprofit Groups

Making Your Appointment

Call your district office and request a meeting when your

Senator/Representative is at home. The appointment secretary will want toknow what your meeting is about. Limit your agenda to just one or twotopics. Polite but firm persistence, pursued through regular contact with thedistrict office, is essential. If you cannot get an appointment during theupcoming recess, express your disappointment – and immediately request afirm commitment for the next time the Senator/Representative is backhome.

Planning the Meeting

The group. Small, diverse groups are best. You may want to have at leastone spokesperson represent several organizations to strengthen theimpression that you represent a number or constituents. Consider puttingtogether a coalition with representatives from other local groups. Whenpossible, try to include members of non-traditional constituencies, forexample, the medical, religious, sporting, or science communities.

Planning. Before the meeting, get together and decide who will say what.Do not expect a lot of time with your Senator/Representative. Ask the staff in advance how much time you will have, and be sure to cover your key

points early. Ask your Senator/Representative for specific action. Try to finda local angle on national or regional issues. Make sure everyone in yourgroup has an opportunity to speak. Remind everyone to begin by focusingon the specific action you would like you Senator/Rep to take.

Pre-meeting meeting. Holding a meeting prior to your appointment helpseveryone be on time and prepare for the most effective discussion. Bringalong fact sheets and reference materials to leave with yourSenator/Representative. You should also leave a list with each groupmember’s name, address, phone number and a summary of your agenda.

Meeting Etiquette

Arrive on time, dress nicely, and be polite. Never insult other Members of Congress. Introduce yourselves at the outset of the meeting. Have yourleader give a brief introduction. State your reasons for seeking the meeting.Do not overstay your welcome; cover your points thoroughly and early. If



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the official is enjoying the meeting and lets it run over, fine. Be prepared tocomplete your agenda in the time allotted.

Follow-Up

Follow up promptly with a thank-you letter, and provide any information youpromised during the meeting. Use these opportunities to continue to build arelationship with the official and his/her staff. Invite your member to speakat an upcoming meeting or get-together.

Do not be discouraged if you do not see eye to eye with your Representativeon every issue; there’s always another piece of legislation down the roadthat he or she may be helpful on. If you didn’t get the answer you wanted,keep trying. Remember that these kinds of visits provide an opportunity togather information as well as air your point of view. Share what you learnwith other groups and keep records for future use.

Originally published by www.stopextinction.org



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Mother Testifies About Life Near Mega-Hog Confinement in Minnesota

I have come here today to testify about the health effects from air polluting largehog farms. I live 3/4 of a mile northeast of a 2,500-sow operation with an 18 milliongallon lagoon. I also live 1 1/2 miles northwest of a 16,000 nursery finisheroperation with a 23 million gallon lagoon.

On July 4, 1995 I realized after seeing my six children, many of my daycare children,and experiencing illness myself for two months, that we were all becoming ill whenhog sewer gas odor was present in our yard. I called one of my neighbors and askedher what we could do. She suggested that I call Minnesota Poison Control Center andask about hydrogen sulfide and methane gases. I made a list of most of the healthproblems that we had been experiencing such as headaches, nausea, vomiting,irritation to the eyes, respiratory problems, achy joints, dizziness, fatigue, sorethroats, swollen glands, tightness in the chest, irritability, insomnia, and blackingout. I asked if methane gas could cause these symptoms. They told me "NO." Iasked if hydrogen sulfide could, they said "Yes." I asked what else hydrogen sulfidecould do. The only symptoms we were not experiencing were convulsions, seizures

and death. I asked what I should do. The Poison Control Center told me to leave myhome immediately. I started to laugh nervously and told them that the gas wascoming into my home from outside. They told me to leave the area and callMinnesota Pollution Control and the Department of Health. I called both departmentsthe next day and the next day and for several days after. NO ONE would take mycomplaints seriously. I talked to most of the neighbors and they too wereexperiencing health problems.

There are 72 families in Norfolk Township; 20 families are experiencing healtheffects, 29 are complaining of odor, 7 sympathized but wanted to remain neutral, 6say there is no problem, and 10 were not contacted. My fight began; I researchedand researched and I did finally get Minnesota Pollution Control to test the air withH2S detector tags in August of 1995. They did find many detects but not at very highlevels. I did not feel that the testing method was very accurate and I asked forbetter testing, but again I was not taken very seriously by either the state or countyofficials. So I researched some more and found an instrument that I could test with:the Jerome 631x from Arizona Instruments.

With the help of the Land Stewardship Project Members and an odor expert, we setup a testing procedure and testing protocol. Then myself and five other women wentout and tested the air of 17 different lagoons in Renville county. 25% of the lagoonsexceeded the Minnesota Pollution Controls Air Ambient Standards, which reads:Hydrogen Sulfide shall not exceed 30 PPB for more than 1/2 hour more than twotimes in a five day period and it shall not exceed 50 PPB more than two times in agiven year for more than 1/2 hour. Minnesota State Health Dept. has just proposed a

health risk standard not to exceed 50 PPB for more than one hour once a year. Theywill not guarantee the safety of anything over 50 PPB for more than one hour.

I have enclosed the Minnesota Dept. of Health's evaluation of the air testing ourcitizens group conducted. In their conclusions and recommendations they state, thelevels are high enough to cause the health symptoms mentioned above, especially inchildren and people with underlying health problems, like asthma. These levels donot constitute an emergency but they do represent a potential health concern. Levelspeaking as high as 1,400 have been found in my yard; the hour mean average was



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160. The highest level found during my testing was 1,500 with a mean average of 174 for the hour. The recommendation of the health department is that steps betaken to reduce the levels of hydrogen sulfide. Levels of hydrogen sulfide will varyday to day. I believe that the weather is the most bearing factor. I truly believe thatif a person living by a large hog farm with a lagoon, would sit with a machine torecord hydrogen sulfide in their yard, one would most certainly find at least 50 PPB

for more than 1 hour at some time of the year.

Do not make the same mistakes that Minnesota and other states have – protect yourcitizens’ health. Because of the odor and health effects, we have banned lagoons andearthen basins in Renville County. We have also limited the number of animal unitsto no more than 2,000 animal units. If the producers cannot fix the problems by thislegislative session, I am sure we will get lagoons and earthen basins bannedthroughout the state. There is not a reasonable setback distance for these lagoons.At least four to seven miles would be required to protect the health of all citizens.Enclosed also is the Minnesota Pollution Control’s letter to Valadco, the co-op ownerof the feedlots near my home. MPCA states they are a nuisance and they are alsoposing a health threat.

Minnesota is now taking me seriously; I hope and pray you will too. The air is nothealthy in Minnesota by these feedlots, and corrective actions are being enforced. Iam living by much smaller operations than what you are permitting in your state.You are not doing any favors for these large hog farms either. They will be subject tolawsuits, boycotting, and failure.

My children cry in their sleep, hold their heads and tummies. My children tell me,"Mommy I never feel better anymore." You have a duty to protect your citizens'health. I fear for your citizens' health and safety. These health problems are real andserious.



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Testimonial from Illinois

Dear County Board,

First let me commend you for your efforts to give your community a voice intheir destiny. While the current Illinois livestock rules have many loopholesand omissions, citizens still have the US Constitution to allow them to gather,petition, and speak freely.

Next, I would like to tell you of our neighborhood's experience with large-scale hog production.

We heard all the claims you will hear. State of the art, asset to thecommunity, it won't smell, we'll follow all the rules.

We knew the 2,400 sows had arrived by their odor wafting on the air. If thishad been their only notable presence and the only time we sensed them, wewould have lived happily ever after. But as time went on, the noxious gasesbegan to fill the previously clean country air more and more often. Calls tothe non-resident owners were ignored.

The concentration of livestock simply makes air pollution inevitable. Thereare many preventative measures that a corporation can take, but rememberthat none of them are mandatory. The law provides a peer review of "odor"cases. With this distinction, the industry also ignores the scientific fact thatgas emissions are harmful.

A typical response to the gases can come in many forms. Some days we willwalk outside and vomit on the sidewalk. Other times we will get headaches,congested sinuses, sore throats, watery eyes, or upset stomachs. Thesesymptoms can last for hours. The polluted air will coat your nose, mouth andthroat with a sickening film that also can last hours. One day, my husbandwas working on a tractor at the back of our farm, closer to the livestockfactory than our house. He felt his chest seize and tighten. He thoughtperhaps it was a heart attack, but quickly the noxious gases registered andhe knew he could no longer work in that area. We have spent severalthousand dollars to enclose our screened porch with glass to prevent thegases from penetrating our house. Those days we leave our windows openare few. We run our air conditioner or furnace nearly every day. We are atthe mercy of the humidity and wind currents. We never leave the windowsopen at night or when we are away. The gases soak into carpeting, curtains,and wallpaper and are too hard to remove if the wind brings them in. Astout wind can force the gases in around closed doors and windows. There'snothing like waking up choking on the factory's air.



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Neighbors at a quarter and three-quarter miles from the site report similarepisodes. Those closer have a higher rate of exposure and symptoms.These problems occurred with the pit system first used at the site.

The site started with a pit system before they finished the four-acre cesspool.The Illinois EPA field staff has been very helpful and respectful of the problemthat this site is causing. An air pollution violation was issued some time ago,but the enforcement at the state level is lacking. Just as we have seen waterpollution handled elsewhere in this county.

This site says they are using pit additives to reduce problems, but theproblem continues to occur for neighbors, particularly those closer to thesite. Note: A Tri Oak site in our county has sickened neighbors and thecorporation has done nothing to force the operator to clean up.

We farm and raise livestock. We live a mile from the livestock factory, andfarm up to less than a half mile away. We know the struggles of farmers to

make ends meet and try new forms of income. We know the temptations tosimply seek employment with a corporation. But, becoming an employee is achoice. A choice that should not endanger a community. A choice thatshould not take precedence over the health, needs and desires of acommunity as a whole. The Illinois Pollution Control Board has ruled a site anuisance if they interrupt the person's use of their property even one day.This definition, however, has applied to other industries. (This is anotherexample of the chokehold that this industry has on Illinois regulators.)

The health problems of gas emissions are well documented, as are the waterpollution risks. The Center for Disease Control in Atlanta, Georgia has a half

dozen well-documented cases of miscarriage caused by swine waste nitratecontamination in drinking water wells in Indiana nearly 6 years ago. Nowresearch is showing a link between nitrates and prostate cancer.

When a corporate employee says that they will follow all rules, in Illinois theyknow that there are no construction standards for buildings, and noinspections. Those rules are tied up at the Illinois Pollution Control Board.Therefore, there are no enhanced standards for environmentally sensitiveareas like a flood plane. A flood plane is a flood plane no matter what statedesignation it is given by a governmental body. Geologically, it is a threat tobuild a manure storage site on such a sensitive area.

Concrete cracks, as testified by a field representative from the Illinois EPA ata community meeting in Fulton County. Monitoring wells are not required forpit systems, and therefore your community will not know of pollutionproblems for many years, and possibly only after several people aresickened.

You are right to stand together and speak about your concerns. You areright to tell the side of the story that the industry will not acknowledge.



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In closing, "Patriotism" is not just wrapping oneself in the flag during anational crisis. It is coming together to protect our communities for the goodof all. Patriotism is dumping tea in a harbor to protest an unjust tax.Patriotism is coming together to protect this country's resources and people,and protest an unjust law like the Livestock Management Facilities Act.

We will be a truly great nation when governing bodies stand for theircommunities, not corporations and business bottom lines. Only by standingup to be heard will you be able to tell state politicians that enough is enough.We need legislation that allows communities to govern themselves.



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Forming a Nonprofit Organization: A Checklist

Every nonprofit organization must have a carefully developed structure andoperating procedures in order to be effective at fulfilling its purpose. Good

governance starts with helping the organization begin on sound legal and financialfooting in compliance with the numerous federal, state, and local requirementsaffecting nonprofits.

9 Determine the purpose of the organization. Every organization shouldhave a written statement that expresses its reason for being. Resources: Board members, potential clients and constituents.

9 Form a board of Directors. The initial board will help translate the ideasbehind the organization into reality through planning and fundraising. As theorganization matures, the nature and composition of its board will also

change.

9 File articles of incorporation. Not all nonprofits are incorporated. Forthose that do wish to incorporate, the requirements for forming andoperating a nonprofit corporation are governed by state law. Resources: Your secretary of state or state attorney general’s office.

9 Draft bylaws. Bylaws - the operating rules of the organization - should bedrafted and approved by the board early in the organization’s development.Resources: An attorney experienced in nonprofit law.

9 Develop a strategic plan. The strategic planning process helps you expressa vision of the organization’s potential. Outline the steps necessary to worktoward that potential, and determine the staffing needed to implement theplan. Establish program and operation priorities for at least one year.Resources: Board members; planning and management consultant.

9 Develop a budget and resource development plan. Financial oversightand resources development are critical board responsibilities. The resourcesneeded to carry out the strategic plan must be described in a budget andfinancial plan. Resources: financial consultant.

9 Establish a recordkeeping system for the organization’s official

records. Corporate documents, board meeting minutes, financial reports andother official records must be preserved for the life of the organization.Resources: Your secretary of state or state attorney general’s office.

9 Establish an accounting system. Responsible stewardship of theorganization’s finances requires the establishment of an accounting systemthat meets both current and anticipated needs. Resources: Certified publicaccountant experienced in nonprofit accounting.



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9 File for an Internal Revenue Service determination of federal tax

exempt status. Nonprofit corporations with charitable, education, scientific,religious, or cultural purposes have tax exempt status under section501(c)(3) - or sometimes section 501(c)(4) – of the Internal Revenue Code.To apply for recognition of tax exempt status, obtain form 1023 (application)and publication 557 (detailed instructions) from the local Internal RevenueService office. The application is an important legal document, so it isadvisable to seek the assistance of an experienced attorney when preparingit. Resources: Your local IRS office, an attorney.

9 File for state and local tax exemptions. In accordance with state, county,and municipal law, apply for exemption from income, sales, and propertytaxes. Resources: State, county, or municipal department of revenue.

9 Meet the requirements of state, county, and municipal charitable

solicitation laws. Many states and local jurisdictions regulate organizations

that solicit funds within that state, county or city. Usually complianceincludes obtaining a permit or license and then filing an annual report andfinancial statement. Resources: state attorney general’s office, statedepartment of commerce, state or local department of revenue, or county ormunicipal clerk’s office.

Other steps include:

¾ Obtaining an employer identification number from the IRS¾ Registering with the state unemployment insurance bureau¾ Applying for a nonprofit mailing permit from the US Postal Service¾

Obtaining directors’ and officers’ liability insurance



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SAMPLE LETTER TO CONTRACT GROWER

FOR LAND APPRAISAL

[date]

[Return Address]

[name and address of the contract grower AND the corporation]

Dear _______________,

This is to inform you of the concerns and intentions of adjacent and neighboringlandowners (see attached list) to a proposed contract-grower Concentrated AnimalFeeding Operation to be constructed on lands owned by _______________ of rural _________, [state]. These lands are located in the _______quadrant of Range____,Township___, of _________County, [state] and as further identified by titledocuments filed with the Recorder of Deeds, _____________County, [state].

We have previously contacted you to register our concerns regarding this proposedfacility, and have further requested that such a facility not be constructed, to noavail. We have also registered our concerns with the ____________CountyCommission.

THEREFORE, PLEASE BE ADVISED AS FOLLOWS:

We, landowners within a ____-mile radius of the _________lands, are currentlyhaving our real properties appraised by an independent, certified appraisal companyto determine the current market values of such properties. Such lands will be re-appraised after your facilities have been in operation for one year. If such re-

appraisal determines that our real properties have decreased in value as a result of proximity to your facilities, we will hold you and the ____________Corporation [orcompany] liable for such diminishment of values.

We will retain an attorney to file a lawsuit to seek compensation for loss of propertyvalues and for punitive damages to the maximum allowed by law. We will further askthe court to issue a "cease and desist" order. If additional loss of property valuesoccurs due to the nuisance of your facilities, a closure order will be sought.

This letter will be filed with the Recorder of Deeds of ___________County, [state],and made a part of the land title records of the ___________property.

Sincerely,

[typed names - and signatures - of those sending this letter]

cc: local public officials



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LETTERS TO THE EDITORFEEDLOT FARMS CAUSE PROPERTY VALUES TO DROPCOUNTY OF FORTY MILE COMMENTATORTIESDAY, JANUARY 30TH, 2001



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ALBERTA MUNICIPAL GOVERNMENT BOARDSUMMARY REPORTASSESSMENT APPEALS – LAMONT COUNTYPRELIMINARY HEARING HELD DECEMBER 12, 2000ST. MICHAEL RECREATION CENTRE, ST. MICHAEL, ALBERTA(INLCUDED IN PRINTED CAFO GUIDE BUT NOT ONLINE VERSION)



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A SUMMARY OF THE REGIONAL ECONOMIC EFFECTS OF CAFOS

Dr. William J. WeidaDepartment of Economics

The Colorado College, Colorado Springs, CO

July 21, 2001

Interference with Amenities

Amenities are those characteristics that make a region pleasant or a desirableresidence. Amenities differ from one region to another, but each amenity helps create aquality of life that draws people to an area and makes them want to stay there. Large hogCAFOs tend to diminish local amenities. In 1990, Abeles-Allison and Connor found thatlarge, concentrated animal feeding operations can generate flies, odors, and other externalities that decrease land values near production facilities. A Michigan studyestimated that house values decreased $0.43 for each additional hog within a five-mileradius.1

This study may overestimate the loss in real estate value because home saleobservations were recorded only near hog farms having received multiple complaints.However, in 1999 Chapin and Boulind also found that the effects of large hog farms onthe amenities of a region are far reaching. Besides the odor and gases, nearby residentsmust cope with an increasing number of flies, rats, and other scavenging animals.Improperly managed manure wastes and pre-slaughterhouse carcasses threaten water quality. The close proximity of humans to these facilities raises concerns that infectiousdiseases may cross over from hogs to humans. In addition, new evidence indicates thatthe use of antibiotics in industrial swine production can contribute to the increase of antibiotic resistance in human pathogens.2

In a 2001 study of farming dependent areas, Tweeten and Flora found that if theycreate environmental problems such as those just discussed, newly developed or arrived CAFOs may undermine a community’s opportunities to expand its economic base.

3They

also found that the vertical coordination structure used by large CAFOs can cause a lossof resources from farms and rural communities because CAFO facilities tend to be so

1 Abeles–Allison, M. and L. J. Connor. 1990. An analysis of local benefits and costs of Michigan hog

operations experiencing environmental conflicts. Agricultural Economics Report No. 536. Department of Agricultural Economics, Michigan State University, East Lansing.2 Chapin, Amy R. and Boulind ,Charlotte M., Environmental and Public-Health Risks Associated withIndustrial Swine Production, 1999 USGS AFO Meeting, Session B, Fort Collins, CO., September, 1999,http://water.usgs.gov/owq/AFO/proceedings/afo/index.html. 3 Tweeten, Luther G. and Flora, Cornelia B., Vertical Coordination of Agriculture in Farming-DependentAreas, Council for Agricultural Science and Technology, Task Force Report No. 137, Department of Agricultural, Environmental, and Development Economics, The Ohio State University, Columbus, Ohioand North Central Regional Center for Rural Development, Iowa State University, Ames, Iowa. March2001, p. 32.



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large and because ownership and control may reside in distant metropolitan centers.4 Allelse being equal, they found the productivity gains attributed to large CAFOs decreaseaggregate employment and other economic activities in rural communities.5

This was confirmed by a study of 1,106 rural communities by Gómez and Zhang

of Illinois State University who found that large hog farms tend to hinder rural economicgrowth at the local level. All models in this study indicated an inverse relationship between hog production concentration and retail spending in local communities.Economic growth rates were 55% higher in areas with conventional hog farms asopposed to those with larger hog operations in spite of the fact that economic growthrates had been almost identical in all the studied communities before the advent of larger hog operations in the1990s. Data in the study also showed that communities with heavyhog concentration suffered larger population losses than those with conventional hogoperations. According to the authors, the results of this study suggest that without public policy to protect rural communities, the most probable outcome is the continuing declineof rural communities in the future as the size of agriculture and livestock production units

continues to increase.

6

A study by Palmiquist, Roka and Vulkina (1998) shows that large hog operationstend to depress the sales value of nearby homes and real estate.7 An eighteen month studyof 75 rural land transactions near Premium Standard's hog operations in Putnam County,Missouri conducted by the departments of Agricultural Economics and Rural Sociologyat the University of Missouri found an average $58 per acre loss of value within 3.2kilometers (1.5 miles) of the facilities. This study primarily evaluated farmland withoutdwellings. These findings were confirmed by a second study at the University of Missouri-Columbia by Hamed, Johnson, and Miller that found that proximity to a hog ILOdoes have an impact on property values. Based on the averages of collected data, loss of land values within 3 miles of a hog ILO would be approximately $2.68 million (US) and the averageloss of land value within the 3-mile area was approximately $112 (US) per acre.8

These findings were further substantiated by a Sierra Club study that discovered tax adjustments by county assessors in at least eight states lowered property taxes for neighbors of CAFOs. As Table 1 shows, local property tax assessments were lowered inAlabama, Illinois, Iowa, Kentucky, Maryland, Michigan, Minnesota and Grundy County,Missouri. Grundy County has lowered some residents' taxes by up to 30% due to their close proximity to the corporate hog operations of Continental Grain.

4

Ibid.5 Ibid.6 Gómez, Miguel I. and Zhang, Liying, Impacts of Concentration in Hog Production on Economic Growthin Rural Illinois: An Econometric Analysis, Presented at the American Agricultural Economics Associationannual meeting in Tampa, Florida, July 31 to August 2, 2000. 7 Palmquist, R.B., F.M Roka, and T. Vukina. 1997. “Hog operations, environmental effects, and residential property values,” Land Economics, 73, 114-124.8 Mubarak, Hamed, Johnson, Thomas G., and Miller, Kathleen K., The Impacts of Animal FeedingOperations on Rural Land Values, Report R-99-02, College of Agriculture, Food and Natural Resources,Social Sciences Unit, University of Missouri – Columbia, May 1999, http://www.cpac.missouri.edu.



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Table 1--Property Tax Reductions In Areas Around ILOsArea Amount of Reduction Reduction In Value Of:Grundy Co, MO 30%Mecosta Co, MI 35% dwellings only

Changed to 20% total property (land and

structures)Midland Co, MI 20%DeWitt Co, IL 30% rescinded McLean Co, IL 35%DeKalb Co, AL base reassessment, variable ratesRenville Co, MN base reassessment, variable rates dwellings onlyHumbolt Co, IA 20-40% dwellings only – now

rescinded Frederick Co, MD 10% now reduced to 5%Muhlenberg Co, KY 18% dwellings onlyRadius of reduction varied, up to 2 miles. All were for hogs except Muhlenberg, for chickens.Source: Property Tax Reductions, [email protected], March 13, 2000

The Potential Impact of CAFO Production on Regional Economies

The four economic characteristics that generally define a CAFO arefundamentally incompatible with regional economic development. Regional economicdevelopment proceeds on the premise that the wages paid and purchases made by acompany are transferred to other individuals or companies in the region. The multiplier effect of these payments further assumes that they are again spent within the confines of the region and that they do not “leak” into other areas of the state or nation. However CAFOs are structured so they will not aid regional economic development for thefollowing reasons:

(1) Constraints on Regional Economic Development Due To EmploymentAs a capital intensive company, a CAFO is designed to minimize the number of

workers and hence, minimize the economic impact on the region. A 1998 Colorado StateUniversity study found that only 3-4 direct jobs (jobs with the hog producer) are created for every 1000 sows in a CAFO sow farrowing operation.9 Ikerd calculated that a farrow-to-finish contact hog operation would employ about 4.25 people in generating over $1.3million in revenue. His figures showed that an independently operated hog farm would employ about 12.6 people to generate the same amount of hog sales.10 Further, a number of studies have found that compared with small farms with an equivalent composite production value, a large farm tends to buy a smaller share of consumption and production inputs in nearby small towns. p. 2511

9 Park, Dooho, Lee, Kyu-Hee, and Seidl, Andrew, “Rural Communities and Animal Feeding Operations,”Department of Agricultural and Resource Economics, Colorado State University, Ft. Collins, CO, 1988.10 Ikerd, John E., “Sustainable Agriculture: An Alternative Model for Future Pork Producers,” in TheIndustrialization of Agriculture, Jeffrey S. Royer and Richard T. Rogers, eds., Ashgate Press, Brookfield,VT, 1998, pp. 281-283.11 Chism, J. and R. Levins. 1994. Farms spending and local selling: How much do they match up?MinnAgric Econ 676:1–4 and Henderson, D., L. Tweeten, and D. Schreiner. 1989. Community ties to the farm.Rural Dev Perspect 5(3):31–35.



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This is important because input-output analysis shows each farm job adds another

job in local communities and another in the state outside the local communities.Similarly, each $1,000 of farm income adds another $1,000 to local communities and another $1,000 to the state outside the local communities.

12However, the real issue here

is whether or not CAFOs are even agricultural operations. A good case can be made thatCAFOs are much closer to industrial operations, and if one treats CAFOs as industrialoperations, the multiplier would be much lower--about 1.35.

13

Either of these figures probably overstates the economic impact on rural counties.For the employment multiplier to operate at the levels specified in the above paragraphsall employees must both live and work inside the region. Given the ability to commute, itis likely that many workers will live well outside the region and that the resultingemployment multiplier will be further depressed.

The size of the employment multiplier further depends on amount of purchases a

CAFO makes in the region. However, large-scale animal production facilities are morelikely to purchase their inputs from a great distance away, bypassing local providers inthe process.14 A 1994 study by the University of Minnesota Extension Service found thatthe percentage of local farm expenditures made by livestock farms fell sharply as sizeincreased. Farms with a gross income of $100,000 made nearly 95% of their expenditureslocally while farms with gross incomes in excess of $900,000 spent less than 20%locally.15

Confined animal production can occasionally benefit local grain sellers, but onlywhen it consumes all the grain produced in the county. If the county has to export evenone bushel of grain, all the grain in the county will have to be priced at a lower level thatwill enable the grain to compete in the export market.16

(2) Constraints on Regional Economic Development Due To TaxesFederal, state and local taxes are levied on taxable amounts calculated on federal

returns. The numerous tax write-offs that are possible because CAFOs are sometimestreated as industries and, at other times, treated as farms, significantly decrease theamounts of taxes paid locally. At the same time the operations of the CAFO create social,health and traffic costs that the local government must finance. The local government, inturn, must rely on increased taxes to pay these CAFO-induced costs--and this candecrease other economic activity in the region.

12 Sporleder, T. 1997. Ohio Food Income enhancement program. Agricultural, Environmental, and Development Economics Department, Ohio State University, Columbus, p. 9.13 RIMS II, Department of Commerce, Bureau of Economic Analysis, Washington, DC, October, 1997.14Lawrence, John D., et al., “A Profile of the Iowa Pork Industry, Its Producers, and Implications for theFuture,” Staff Paper No. 253, Department Of Economics, Iowa State University, 1994.15 Chism, John, and Levins, Richard, “Farm Spending and Local Selling: How Do They Match Up?,”Minnesota Agricultural Economist, no. 676, University of Minnesota Extension Service, Spring, 1994.16 Hayes, Dermot, Iowa’s Pork Industry--Dollars and Scents, Iowa State University, January, 1998.



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For example, additional costs associated with hosting a CAFO include increased health costs, traffic, accidents, road repairs, and environmental monitoring. One Iowacommunity estimated that its gravel costs alone increased by about 40% (about $20,000 per year) due to truck traffic to hog CAFOs with 45,000 finishing hogs. Annual estimated costs of a 20,000 head feedlot on local roadways were $6,447 per mile due to truck

traffic.

17

Colorado counties that have experienced increases in livestock operations havealso reported increases in the costs of roads, but specific dollar values are not available.18 In addition, an Iowa study found that while some agricultural land values increased dueto an increased demand for “spreadable acreage,” total assessed property value, includingresidential, fell in proximity to hog operations.19

(3) Constraints on Regional Economic Development Due To Vertical IntegrationVertical integration requires purchases from and sales to other members of the

vertically integrated company, not from local producers and suppliers. Thus, verticallyintegrated companies stimulate regional economies only to the extent that all elements of the company are located in the region. Historically, this factor has severely limited the

economic impact of CAFOs on the regions in which they are situated. For example,Lawrence found that in Iowa smaller hog operations (less than 700 head annually) purchased 69 percent of their feed within 10 miles of the operation. Large hog operations(2,000 or more hogs per year) that are more likely to be vertically integrated only purchased 42 percent of their feed within 10 miles of the operation.

20

Tweeten and Flora also find that consolidation affects the ability of small producers to respond to shifting demand by entering or leaving markets. Large CAFOstend to have higher overhead costs (fixed costs for facilities and equipment) thanoperating costs (variable costs for labor and feed). This means that in hog CAFOs, large buildings must be kept full in order to minimize cost/unit and in the face of falling prices,large CAFOs will increase production because it lowers their overall cost to produce each pig.

Conversely, conventional operations have lower fixed costs and higher variablecosts. These operations will reduce their production in a time of falling prices. Thus, inthe past, the burden of adjusting hog supply to weak demand has fallen on small producers and it has driven most of them out of the market.21 The demise of the majorityof small producers has created a dilemma for large hog CAFOs because it signals an end to the period when overproduction by large producers can be absorbed by forcing small producers out of the market. To address this problem, large hog agribusiness appears to be creating another class of small farmers – contract operators – who can be cut out of themarket when demand falls. Since the fate of these individuals is entirely in the hands of large agribusiness concerns, it will be easy to quickly create slack in the markets when

17 Duncan, M.R., Taylor, R.D., Saxowsky, D.M., and Koo, W.W., “Economic Feasibility of the CattleFeeding Industry in the Northern Plains and Western Lakes States,” Agricultural Economic Report No.370, Department of Agricultural Economics, North Dakota State University, 1997.18 Park et al., op. cit.19 Ibid.20 Lawrence et al., op. cit.21 Tweeten, Luther G. and Flora, Op. Cit., p. 32.



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hog prices fall by simply canceling contracts and removing hogs from the contract producers.

(4) Constraints on Regional Economic Development Due To Cost ShiftingThe previous three sections have described the reasons inherent in the structure of

CAFOs that most of the money from a CAFO will either be directly spent outside theregion or it will quickly migrate there. However, through cost shifting the CAFO willalso leave the costs of its odor, health risks, surface water pollution, ground water pollution and in the long run, its abandoned lagoons and facilities for the region to dealwith. For example, these costs may arise from:

(1) The Cost of Odor From Injecting or Broad-Casting ManureActual field tests on injection odor were conducted in Iowa in 1998 by Iowa State

University. The researchers found that injecting manure resulted in odor reductions of aslittle as 50% and never greater than 75% compared to broad-cast applications (application by sprinkler – the highest odor option).22 Thus, injection of manure can be accompanied

by substantial odor.

(2) The Cost of Groundwater Contamination From ManureRuhl studied earthen basins with above-grade, earth-walled embankments and

compacted clay liners. The hog basins held a manure-water mixture from a 5,000 piggestation barn. Monitoring systems were installed below the compacted clay liners bothin the sides and the bottom of the basin. Seepage from the basin ranged from 400-2,200gallons per day except during one month and three month periods when seepage ranged from 3,800 to 6,200 gallons per day. Seepage flow in areal units ranged from .025 to .43inches/day. Except during the first three months when the basin was filling, seepage flowwas greater through the sidewalls than through the bottom of the basin. The seepage had concentrations of 11 to 100 mg/L of chloride, 2.58 mg/L or less of ammonium-N, 25.7mg/L or less of nitrate-N, and organic-N concentrations of .92 mg/L or less. Nitrate-Nconcentrations in the seepage exceeded the US Environmental Protection Agencydrinking water standard of 10 mg/L in 17 of 22 samples.23

Injection of liquid manure is only acceptable in areas where pathways to theunderlying groundwater do not exist. Improperly closed wells are a likely source of groundwater contamination. For example, based on a number of scientific studies, the USDepartment of Agriculture's Agricultural Waste Management Field Handbook statesspecifically that(n) Presence of abandoned wells and other relics of past use

The site and its history should be surveyed for evidence of past use that mayrequire special design considerations… If an abandoned well exists on the site,

22 Powers, W. J., " Strategies to Reduce Odors During Land Application", Odor Control for Livestock Systems, Department of Animal Science, Iowa State University, Ames 50011-3150, 1999, p. 171, 174.23 Ruhl, James F. “Quantity and Quality of Seepage from Two Earthen Basins Used to Store Livestock Waste in Southern Minnesota, 1997-98--Preliminary Results of Long Term Study,” US Geological Survey,Mounds View, MN, 1999, a paper presented at the conference on “Animal Feeding Operations--Effects onHydrological Resources and the Environment,” Colorado State University, Fort Collins, CO, August 30-Sept 1, 1999.



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special efforts are required to determine if the well was sealed according to localrequirements. An improperly sealed well can be a direct pathway for contaminants to pollute an aquifer. Other remnants of human activity, such as old foundations, trash pits, or filled-in areas, require special design or siterelocation.

24

The Field Handbook also stresses that caution is necessary because openings formed after initial deposition or formation of the soil enable contaminants to move to thegroundwater with little attenuation (reduction) or filtration.

25

(3) Potential Costs from Pathogens, Chemical and Antibiotics in ManureA large number of diseases are present in animal manure. These diseases are not

present in inorganic fertilizers. Table 2 shows that the potential presence of 25 differentdiseases in animal manure makes this form of fertilizer very different from the inorganicchemicals that are used as crop fertilizer.

Table 2, Diseases and organisms spread by animal manureDisease Responsible organism Disease Responsible organismBacterial Viral

Salmonella Salmonella sp New Castle VirusLeptospirosis Leptospiral pomona Hog Cholera VirusAnthrax Bacillus anthracis Foot and Mouth VirusTuberculosis Mycobacterium tuberculosis Psittacosis Virus

Mycobacterium aviumJohnes disease Mycobacterium Fungal

paratuberculosis Coccidioidomycosis Coccidoides immitusBrucellosis Brucella abortus Histoplasmosis Histoplasma capsulatum

Brucella melitensis Ringworm Various microsporumBrucella suis and trichophyton

Listerosis Listeria monocytogenes ProtozoalTetanus Clostridium tetani Coccidiosis Eimeria sp.Tularemia Pasturella tularensis Balantidiasis Balatidium coli.Erysipelas Erysipelothrix rhusiopathiae Toxoplasmosis Toxoplasma sp.Colibacilosis E.coli (some serotypes)Coliform mastitis E.coli (some serotypes) Parasitic

Metritis Ascariasis Ascaris lumbricoidesSarcocystiasis Sarcocystis sp.

RickettsialQ fever Coxiella burneti

Source: Agricultural Waste Management Field Handbook, United States Department of Agriculture Soil ConservationService, April, 1992, p. 3-13, 3-14.

The pathogens present in hog manure are not found in inorganic chemicals. These

pathogens could be transported to ground water supplies through improperly sealed wellsor other naturally occurring pathways. Studies released since 1999 have found that:

(a) Swine herds are a potential animal reservoir for Swine Hepatitis E Virus and thisvirus is present in fields to which manure has been applied and in water waste

24 Agricultural Waste Management Field Handbook, United States Department of Agriculture SoilConservation Service, April, 1992, Chapter 7.25 Ibid.



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from these fields. Swine Hepatitis E Virus may persist in the environment for atleast 2 weeks and possibly longer.

26

(b) A broad profile of chemical and microbial constituents are present in both ground and surface water proximal to large-scale swine operations – chemical (pesticides,antibiotics, heavy metals, minerals, and nutrients) and microbial (Escherichia coli,

Salmonella sp., Enterococcus sp., Yersinia sp., Campylobacter sp.,Cryptosporidium parvum) contaminants were present.27 (c) Antibiotics are present in waste generated at confined animal feeding operations

and may be available for transport into surface and ground water.28

(4) The costs of closing hog lagoonsIn South Carolina, where the state has been forced to assume responsibility for

closing hog lagoons, the cost has averaged $42,000 per surface acre of lagoon. Thesecosts are paid by the taxpayers of state, not the companies that created the lagoons.29 Bycomparison, The Big Sky Farming Group, LLC proposed a total remediation cost— including lagoon closure--of less than $1 million for a 55,000 sow farrow-to-finish

operation that had 160 sow barns, 240 finishing barns, 527 acres of 5 foot deepevaporation pits, 141 acres of 11-12 foot deep settling pits, and 30 digesters for methane production.30

Not surprisingly, costs shifted to the residents in a region by CAFOs adverselyimpact the value of neighboring property in the region and this, in turn, lowers thetaxable value of these properties. Palmquist et al., in a 1995 study in North Carolina,found that neighboring property values were affected by large hog operations based ontwo factors: the existing hog density in the area and the distance from the facility. Themaximum predicted decrease in real estate value of 7.1 percent occurred for houseswithin one-half mile of a new facility in a low hog farm density area. A 1997 update of this study found that home values decreased by $.43 for every additional hog in a fivemile radius of the house. For example, there was a decrease of 4.75% (about $3000) of the value of residential property within 1/2 mile of a 2,400 head finishing operation

26 Yuory ,V., Karetnyi, Nelson, Moyer, Mary, Gilchrist, J.R. and Naides, Stanley J., Swine Hepatitis EVirus Contamination in Hog Operation Waste Streams--An Emerging Infection?, 1999 USGS AFOMeeting, Session C, Fort Collins, CO., September, 1999,http://water.usgs.gov/owq/AFO/proceedings/afo/index.html.27 Campagnolo, Enzo R., Currier, Russell W., Meyer, Michael T., Kolpi, Dana, Thu, Kendall, Esteban,Emilio and Rubin, Carol S., Investigation of the Chemical and Microbial Constituents of Ground and

Surface Water Proximal to Large-Scale Swine Operations, 1999 USGS AFO Meeting, Session C, FortCollins, CO., September, 1999, http://water.usgs.gov/owq/AFO/proceedings/afo/index.html.28 Meyer, Michael T., Bumgarner, J.E., Daughtridge, J.V., Kolpin, Dana, Thurman, E.M. and Hostetler,K.A., Occurrence of Antibiotics in Liquid Waste at Confined Animal Feeding Operations and in Surfaceand Ground Water, 1999 USGS AFO Meeting, Session D, Fort Collins, CO., September, 1999,http://water.usgs.gov/owq/AFO/proceedings/afo/index.html.29 State of South Carolina Data reported in The Squealer, [email protected], March 26, 2001.30 Application for Conditional Use Permit, Before the Board of County Commissioners, Cassia County,Idaho, CU991002, October 12, 1999, and verbal and written clarifications of the nature of the Big Skyorganization given at that meeting and during the permitting process until January, 2001.



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where the mean housing price was $60,800.31 A 1996 study by Padgett and Johnsonfound much larger decreases in home value than those forecast by Palmquist. In Iowa,hog CAFOs decreased the value of homes in a half-mile radius by 40%, within 1 mile by30%, 1.5 miles by 20% and 2 miles by 10%.32

Costs such as those in (1) to (4) above can also directly affect both long and shortrun regional economic development. As Tweeten and Flora note, costs of odor-, waste-,and pest-control need to be charged to the producing units and not to their neighbors or toother “downstream” parties.

33Unfortunately, the costs of hog CAFOs are currently

charged to the residents of the region and the regional effect of this cost shifting is felt both in its impacts on current residents and on those residents and businesses that do notmove to the region due to the presence of these costs. Put bluntly, every company and every potential resident have many choices of location and active recruitment is practiced by most regions. Quality of life is a major factor in decisions to locate in a region, and neither companies nor potential residents would ever consider locating in an area where alarge hog CAFO is operating.

31 Palmquist, R. B. et al., “The Effects of Environmental Impacts from Swine Operations on SurroundingResidential Property Values,” Department of Economics, North Carolina State University, Raleigh, NorthCarolina, 1995.32 Park et al., op. cit.33 Tweeten and Flora, Op. Cit., p.6.



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Freedom of Information Act

Anyone has the right to access federal agency records. FOIA is enforceable in courtexcept for records that are protected by nine exemptions. These exemptions cover:1) classified national defense and foreign relations information; 2) internal agency

personnel rules and practice; 3) material prohibited from disclosure by another law;4) trade secrets and other confidential business information; 5) certain inter-agencyor intra-agency communications; 6) personnel, medical, and other files involvingpersonal privacy; 7) certain records compiled for law enforcement purposes; 8)matters relating to the supervision of financial institutions; and 9) geologicalinformation on oil wells.

FOIA does not apply to Congress or the courts, nor does it apply to records of stateor local governments. However, nearly all state governments have their own FOIA-type statutes (see below).

FOIA allows you to request and receive a copy of any record in an agency’s officialfiles, including electronic, provided it is not covered by one of the nine legal

exemptions. FOIA pertains only to existing records and does not require agencies tocreate new records to comply with a request. In addition, the FOIA generally appliesto records that are not readily available to the public.

FOIA does not require a private organization or business to release any informationdirectly to the public, whether it has been submitted to the government or not.However, information submitted to the government by private firms may beavailable unless it falls under one of the nine exemptions.

How to file a request for information under FOIA:

Identify the relevant offices to contact. There is no one office to handle FOIA

requests. Each request for information must be made to the particular agency thathas the records you are seeking. Some larger agencies and departments haveseveral Freedom of Information offices. Some have one for each major bureau orcomponent; others have one for each region of the country. You may have to dosome research to find the proper office, but will save time in the long run if you fileyour request appropriately. Requests must be mailed or faxed.

Be specific. When making a FOIA request, describe the material you want in asmuch detail as possible. If the agency cannot identify what you have requested witha reasonable amount of effort, it is under no obligation to fulfill your request.

If you are not sure if the information you want is exempt, request it anyway. It mayhelp your case to state reasons for your request. An agency may be persuaded to

provide access to records it could legally deny you if you can show just cause (i.e.,great benefit to the public).

State your willingness to pay fees/request waiver of fees. You may becharged for some materials and labor; actual costs vary. Be sure to state yourability to pay fees, any limitations, and any reasons that you should be exempt fromfees. (See 22CFR171.15http://www.access.gpo.gov/nara/cfr/waisidx_00/22cfr171_00.html and FeeStructure http://www.foia.state.gov/fees.asp).



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Keep a copy of your request. This may be useful in the event that you appeal, orif your request is not answered. Agencies are required to respond within 20 workingdays, but have certain rights to extend this period. Your appeal rights are discussedhere: http://www.foia.state.gov/appeal.asp

Find out about Freedom of Information laws in your state. If you are lookingfor information about a facility in your community, there is a good chance you willfind what you need at agencies and departments run by the state. To find out aboutFreedom of Information laws in your state, do a search on your state's website.Most states have Freedom of Information laws and will post instructions on thestate’s main site. You may also request information about a state’s law by writing tothe state’s Attorney General.

Resources:

Freedom of Information Action Kit; Available from the Electronic Privacy InformationCenter www.epic.org/open gov/foia kit.html Includes guidelines, sample letters andaddresses for requesting information under FOIA. It is also available in printed form.

Send a check or money order in the amount of $3.00 to FOIA, Inc., P.O. Box 022397, Brooklyn, NY 11202-0050.

A Citizen’s Guide on Using the Freedom of Information Act and the Privacy Act of 1974 to Request Government Records; from the Committee on Government Reformand Oversight. Available online athttp://usinfo.state.gov/usa/infousa/laws’majorlaw/hr037.htm

T h e Co n s um e r ’ s Re s o u r c e H a n d b o o k

The Federal Information Center (FIC)The FIC can help you find the right agency, office and address where you need to file

your FOIA request. Their handbook describes what federal agencies are responsiblefor specific consumer problems and provides addresses to: Handbook, FederalConsumer Information Center, Pueblo, CO 81009 (to order online)http://www.pueblo.gsa.gov/crh/cahform.htm

Federal Consumer Information Center Hotline: Open weekdays between 9 a.m. and 8 p.m. eastern time (except holidays). The toll-free number is (800) 688-9889. TTY: (800) 326-2996.

USA.gov: Has information on the Federal Government and links to 27 million federal webpages. http://www.usa.gov/

U S Go v e r n m e n t M a n u a l

Describes the programs within each federal agency and lists the names of toppersonal and agency addresses. It is available at most libraries.



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SARA Tier I, II and Community Right to Know (SARA III)

SARA Tier I, II and III (Superfund Amendment and Reauthorization Act of 1986) wasdeveloped to notify citizens of hazardous and extremely hazardous materials stored

at facilities throughout the US. Agriculture is normally exempt from this, but there isa clause that mandates that an agriculture entity must provide all information if formally requested by a citizen, county official, or some other body that formallyrequests the information.

SARA and Community Right-to-Know reports are usually filed with the local firedepartment, the local emergency planning committee, or emergency state planningcommission. The emergency committee or commission are in different departmentsin different states – try your state’s Emergency Services division, or Department of Environmental Quality.

Among the many hazardous substances listed in SARA/Community Right to Know areammonia, hydrogen sulfide, and phosphorous.

Contact the CAFO first – most likely, they will try to tell you they do not have toprovide the information you are looking for. If they refuse, contact yourlocal/regional EPA office – they should know about these reports and be able toguide you in getting information.

If they will not help, go directly to the national EPA enforcement office inWashington, DC, and file a complaint stating that the information you are requestingis not being provided. This can be a time consuming process because the CAFO willmost likely fight you the entire way, but other groups have persisted and have beensuccessful in obtaining the information they were seeking. If the CAFO operator willnot supply you with information you request, alert the media and ask what the

operation might be trying to hide.

Resources

Co m m u n i t y R ig h t - t o - Kn o w A c t

For more information, go to EPA’s EnviroSense web site at:http://es.epa.gov/techinfo/facts/pro-act6.html



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Researching Your Farm Bureau and Factory Farms

Sally Jo SorensenMember NWU-UAW, Local Union 1981, Twin Cities Local 13

Copyright 2000

Ever wonder why the state Farm Bureaus in Illinois, Iowa, and Missouri are so gung-ho on hog producers? A visit to the Interstate Producers Livestock Association mayhelp explain the Bureaus' interest: through the IPLA, they finance hog farms! InMinnesota, for instance, the IPLA provided financing for over 5000 head of swine to a"family farm corporation," now in receivership, whose president lived in Iowa.

How was this information discovered? Easy - a researcher visited the countycourthouse, where the UCC-1 financing statements were filed under the corporation'sname. Under the Uniform Commercial Code, lenders secure their interest byregistering debt at either the county or the state level.

This information is open to the public; here's how to get it:

Go to the recorder's office in your local county courthouse and ask to see the UCCfilings for a corporation or an individual. If any debt has been secured in the countywhere the entity holds real estate or has offices, you will be given a file of financingstatements: UCC-1 statements, which record the debtor, secured party, collateral,and other information (rarely the dollar figure, although it occasionally happens),and UCC-3 statements, which cover continuations, assignments, and releases. If adocument is marked "satisfied," that means that the debt has been paid.

Mortgages are also filed in the county recorder's office. Sometimes you can findmortgages through looking at UCC statements, but many times you need to have anexact location of the real estate you're researching. This information is often onpermit applications; it can also be obtained by asking for the property tax records for

a corporation, an individual, or both. All such records are public information, andalthough you may have to pay for print copies of the information, you have a right tothe information.

Some lenders choose to record debt at the state level, in the UCC Division of theSecretary of State; in some states, like Minnesota, the centralized computerdatabase at the SOS's office also contains listings for debts registered at the countycourthouses. (You'll have to go to those county courthouses to fetch those records.)Some states will charge you for searching these databases.

Sometimes factory farms will record their debt in other states as well. If thecompany you're looking at operates factory farms in other states, it's worth lookingthrough the public records in those locations.

If the factory farm you're researching is located in or does business in Iowa, you arein luck - you can determine the existence of debt via the internet, and you can alsoresearch corporate filings - officers, locations, and other such facts. Just follow thislink: http://www.sos.state.ia.us/business/services.html. You can't get thedocuments themselves, but you can see if they exist. To obtain a copy of thedocuments, send $1/per page to the UCC Division of the Secretary of State's office -listed on the page. The office will usually get the documents to you within a week,



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especially if you include a stamped, self-addressed priority mail envelope, availableat your local post office.

Folks living in Illinois will need to contact the Secretary of State's office (located inSpringfield and Chicago) to find out how to access UCC and corporate flings at thoseoffices. Phone numbers and some information about the Business Services office is

available at: http://www.sos.state.il.us/general/infomenu.html.

In Missouri, basic corporate registrations are available online, but UCC filings are not.However, the Business Services page (http://mosl.sos.state.mo.us/bus-ser/busser.html) explains the state's system and links you to the business entitiesdatabase. Phone numbers are available on this site.

UCC debt is online in Colorado. Corporation information is online in Wyoming andCalifornia.

HOW TO USE THIS INFORMATION

1. Look carefully at the names and titles of those signing as debtors. Do these

officers own other farms? Are they employees of large agribusinesses? If you're inthe fight against factory farms for the long haul, consider creating a notebook ordatabase containing this information. Be generous with this information to otherfamily farm and rural activists. Share. Much of research is a form of horse trading -show someone your information and they'll share theirs.

2. If you don't know much about the people or businesses, run their names throughthe internet. Altavista (www.altavista.com) is a pretty good search engine. Put thename inside quotations (i.e., "Mega Merger Family Feedlot") and it will be treated asone term, and you won't have to wade through every hit with each word in it. Tofurther narrow the search, consider using an additional word related to the search,such as the state, while putting a plus sign in front of each word and phrase (+"John

Smith" +Iowa). This limits the hits to those sites that contain BOTH "John Smith"and Iowa.

3. Another source of information is subscription databases containing full-textarticles from newspapers, trade magazines, and other such material. Usually, thesedatabases will give you access to information that will not be located through searchengines. You can access these databases in several ways.

a) Visit a local public college library. Most public colleges and universities areopen for use by the public, and the librarians are used to students who don'thave polished research skills. Don't be afraid to ask librarians for instructionson how the use the library; however, they won't do your work for you! Mostcollege libraries have one or more of the following subscription databases

containing full text articles:

1) Lexis-Nexis Academic Universe. The mother lode: it contains majornewspaper coverage, state news, trade magazines, newsletters...andthat's just the "General News" category. Look in "Business News" as well.You may find that a new operator was fined for pollution in other places.Caution: if the entry says "ABSTRACT" that's not the full article. Look tosee if the library holds the periodical.



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2) Infotrac or Academic Index ASAP. These databases also contain full-textarticles that were usually published first in print form; sometimes, allyou'll get is a citation listing information that will help you find theperiodical where the article itself is published. Infotrac can be accessedthrough this link: http://gateway.mnlink.org. Login as a guest.

3) Other databases are available for more specialized areas. Most academiclibraries have websites that you can visit from anywhere in the world whileonline. You can check to see what your local college has available beforeyou visit the school's library. HOWEVER, you probably won't be able toaccess subscription databases unless you have a college account or are oncampus working from a computer that is part of the campus computerbackbone.

4. Some magazines post some or all of their contents online; others only allowaccess to full text articles to subscribers who have an account name andpassword. However, you can often find out whether articles have beenpublished about the company you're researching. From the citation (the "hit"listing the title, author, date of publication, and often a brief description of the

article), you can often tell if the information will be helpful to you. If anarticle looks helpful, locate a library that owns the periodical or contact thepublisher. One great source of information about the livestock industry isFeedstuffs. If you are an activist or an Ag activist group and can afford it, asubscription to Feedstuffs will keep you abreast of industry news. You maynot like what you read, but it's a great source of information. Click on thefree services button at: http://www.feedstuffs.com.

5. Small town newspapers aren't listed in Infrotrac or Lexis Nexis, but if yourstate newspaper association has a website, chances are it has created acentralized listing of papers with web sites. Example: Minnesota NewspapersAssociation http://www.mnnews.com/webs.html.

6. Be critical about information you find on websites. Just because you areinclined to agree with the opinion of the person posting to the site, be fair inevaluating that information. Repeating false claims or misinformation onlyweakens the fight against factory farming. Don't know how to evaluatewebsites? No problem: here's a site created by an information mediaprofessor at Minnesota State-Mankato:http://www.lme.mankato.msus.edu/class/629/cred.html. Read the lessonsand visit the examples the professor provides. It's lots of fun, and he warnsyou about some of the risqué sites.



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"WHAT IS RESEARCH?" "Research is digging facts.Digging facts is as hard a job as mining coalIt means blowing them out from underground,cutting them,picking them,

shoveling them,loading them,pushing them to the surface,weighing them,and then turning them loose on the public for fuel,for light and heat.Facts make a fire which cannot be put out.To get coal requires miners.To get facts requires miners too:fact miners."

--- John Brophy, Pennsylvania miner,United Mine Workers Association 1921 Convention

Former Democratic U.S. Senator from Oklahoma Fred Harris was always fond of saying that you can't make corporations responsible because they have no soul tosave nor butt to kick, but you can make them accountable. Not only should that bethe primary goal of worthwhile and accurate corporate research, but also researchthat can educate remembering the words of Fred Ross Sr. "you educate to organize,not organize to educate."

By examining current corporate ownership patterns in agribusiness, identifying thosepatterns through data, research, and analysis, one can establish a framework of corporate accountability and how best to use that framework in the process of organizing family farmers and other relevant coalitions.

An essential first step is to identify the type of ownership: sole proprietorships,partnerships and corporations – the latter usually either private "closely held"corporations or "public" corporations, those corporations which sell stock on the openmarket.

Because the primary purpose of private corporations, i.e., Cargill, Inc., the nation'slargest private corporation, is to conceal their financial affairs from public scrutiny itis often difficult to gather facts on their operations from a single source, rather itrequires assembling facts from a variety of sources.

By law, U.S. public corporations must make reports periodically to the U.S. Securities

and Exchange Commission (SEC). Unlike corporate annual reports, designed toconvince the company's shareholders that they have made a wise and profitableinvestment, the reports corporations make to the SEC must be truthful. One shouldnot ignore, however, the annual reports because often in boasting about thecompany's operations one can learn some interesting facts.

Reports that corporations must make to the SEC include:



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• An annual 10-K report, a comprehensive description of the corporationsfinancial affairs, properties it owns, products it produces, subsidiaries, legalproceedings that it might be involved in that would affect its value and othervalued information

• An 8-K report which must be filed with the SEC within 15 days after any event

which may affect the value of the corporation's stock

• The DEF 14A report or the proxy statement, which is basically a notification tothe stockholders concerning an upcoming stockholder's meeting, what theagenda for the meeting will be, what resolutions will be put before thestockholders, who are the candidates for the corporate board of directors andthe incumbent directors. It is this latter information that makes the DEF14Areport so valuable for it not only lists the corporation's directors, thecorporate stock they own, their financial compensation (as well as thefinancial remuneration of management), possible conflicts of interest in stockownership and a brief resume of each board member's service on othercorporate boards, professional and/or academic positions.

These reports are available on the Internet at:http://www.sec.gov/edaux/formlynx.htm

There are also a number of publications which can be extremely helpful in gatheringcorporate research.

FORBES MAGAZINE publishes a number of important lists throughout the year. Inlate April it lists the top 500 U.S, corporations in sales, assets, profits and marketvalue in addition to a corporate directory listing all the addresses and other relevantnumbers of each corporation in the top 500. All such information can also beaccessed at: http://www.forbes.com

Every year, the first issue of FORBES usually includes a listing of all the topcorporations’ profitability (return on stockholder's investment) and related figures byindustrial sector. A late November / early December issue usually lists the top 500private corporations in the U.S., while an early October issue presents "America'sRichest 400" with brief individual and family biographies and net worth. An earlyNovember issue notes the nation's top 200 small businesses, an early July issue liststhe world's top billionaires, and a late July issue carries a list of the leadingcorporations throughout the entire world.

Another valuable source of daily information is the WALL STREET JOURNAL. Inaddition to purchasing and/or subscribing to the printed edition of the JOURNAL, youcan access the publication on the Internet --- for a price! However, considering the

newsstand price of the JOURNAL, the Internet edition is a real bargain --- $4.95 permonth. Not only does one get all the news that is printed in the JOURNAL, but alsoall the Dow Jones Newswire and Barron's copy. In addition, one can assemble his orher own personal edition, selecting five key subject areas, then listing within eachsubject area a number of key words. Each day when one goes to his or her personalJOURNAL, all the articles available in the selected subject areas are ready for readingand/or downloading. To subscribe and access the JOURNAL go to:http://online.wsj.com/home/us



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Another valuable international source of information is available through the EDITOR& PUBLISHER magazine web site. Here is an international directory of all thenewspapers, radio and television stations, periodicals and magazines that have websites. It can be accessed at: http://www.editorandpublisher.com/eandp/index.jsp

Specifically, there are a number of daily newspapers that should be checked on a

daily basis. They include:

THE NEW YORK TIMES: http://www.nytimes.com/

THE WASHINGTON POST: http://www.washingtonpost.com/

THE LOS ANGELES TIMES: http://www.latimes.com/

THE FINANCIAL TIMES OF LONDON: http://www.ft.com/home/us

While a variety of trade publications that deal with agribusiness, corporateagribusiness and agriculture in general can be accessed individually, there is one

website – AGRIBIZ NEWS HEADLINES – which provides a comprehensive overview of all such publications and can be accessed at: http://www.agribiz.com/test/News/

Another valuable source of progressive-thinking news and opinion on those issuesrelevant to agribusiness and agriculture – COMMON DREAMS NEWS CENTER – can beaccessed at: http://www.commondreams.org/

Valuable corporate information can also be obtained from the local County TaxAssessor's Office, the State Secretary of State's Register of Deeds, the FederalElection Commission, Funk & Scott's Index of Corporations and Industries,Standard & Poor's Corporate Register, Dun & Bradstreet's Million DollarDirectory, and Moody's Manuals.

Most major corporations today also have their own websites, which can be valuablesources of information. By purchasing a share of stock in a particular targetcompany, one is entitled to all the privileges that come with being a shareholder,including receiving all corporate mailings and the ability to attend the annualstockholder's meeting. Stockholders, no matter how many shares they own, areentitled to bring two people with them to the annual meeting (ostensibly their"lawyer" and their "accountant").

In conducting corporate accountability research it is always wise to remember thewords of William Sloan Coffin:

"It is one thing to say with the prophet Amos,`let justice roll down like mighty waters,'and quite another to work out the irrigation system."



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SAMPLE LOCAL RESOLUTION REGARDING CAFO REGULATIONS



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ZONING BASICS

How Zoning Works: A zoning ordinance consists of two parts: a map (or series of maps) and text. Thezoning map shows how the community is divided into different use districts or zones.Zoning districts common to most ordinances include residential, commercial,

industrial, and agricultural. The zoning map must show precise boundaries for eachdistrict. Consequently, most zoning maps rely on street or property lines as districtboundaries.

The zoning text serves two important functions. First, it explains the zoning rulesthat apply in each zoning district. These rules typically establish a list of land usespermitted in each district plus a series of specific standards governing lot size,building height, and required yard and setback provisions. Second, the text setsforth a series of procedures for administering and applying the zoning ordinance. Inmost cases, the text is divided according to "sections" (or "articles") for ease of reference. Most zoning ordinances include the following:

1. Title, Authority and Purpose. This section identifies the specific state enabling

provision which empowers the locality to adopt zoning. It also spells out, in a"statement of purposes," the community’s reasons for adopting the ordinance. Thestatement of purposes links the rules and regulations listed in the ordinance to thecommunity’s values and goals.

2. General Provisions. Topics covered in this section usually include definitions of terms used in the ordinance, and a description of the geographic or jurisdictionalreach of the zoning ordinance. Definitions are especially important because thegeneral public, as well as the courts, must be able to attach specific meaning to thewords and concepts appearing in the ordinance. With respect to jurisdictional reach,zoning ordinances will typically apply to the territory contained within the politicalsubdivision; meaning the city, county, town, township, or village. In some cases,

however, a zoning ordinance may reach beyond a locality's political boundaries. Such"extraterritorial" zoning is permissible if it is authorized by the enabling statute.

3. Zoning Districts and Regulations. This section of the ordinance is arguably themost important since it lists and defines each zoning district – as we have noted, theconcept of districts stands at the core of zoning. Most zoning ordinances will include– at a minimum – residential, commercial, and industrial districts.

Residential districts, in turn, are often broken down further into zones for single-family and multi-family dwellings of varying density. Similar distinctions, based onintensity of use, are also often found in business and industrial districts (e.g., lightindustry versus heavy industry).

Other common types of zoning districts are agricultural, conservation, andinstitutional. Many communities have also crafted a wide variety of "mixed use"districts, allowing blends of uses in some parts of the community. Many zoningordinances include one or more special purpose zones addressing flood hazard areas,historic properties, and other specialized uses. These special zones are often appliedas "overlays" – that is, those geographic areas subject to overlay zones are alsowithin an "underlying" zoning district. For example, a property within a residentialzone might also be located within a flood hazard zone. This property would besubject to the regulations of both the underlying zone (in this case, residential) and



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the overlay zone (flood hazard). See also, Making Use of Overlay Zones, by ElizabethGarvin.

In addition to listing and defining zoning districts, this section of the zoningordinance sets out rules for the use of land in each district. Most basic is the list of permitted versus special or conditional uses. If a use is deemed permitted

(commonly referred to as a "by-right" or "matter-of-right" use), it need only meetthe ordinance's dimensional requirements (as described below) and any other"impact standards" (such as parking, landscaping, and signage standards; see point5 below) to secure a zoning permit.

Other uses may be allowed within a district provided they are granted a special orconditional use permit. The terms special exception, special use, and conditional usepermit generally have the same meaning; what term you're familiar with depends onthe state you live in. The zoning ordinance will set out the standards which must bemet for granting such a permit. Finally, this section of the zoning ordinance includes,for each zoning district, basic development requirements. These primarily involvedimensional standards for setbacks and side yards, minimum lot sizes, and buildingheights.

4. Nonconforming Uses, Structures, and Parcels. When a zoning ordinance isadopted some existing uses, structures, and parcels may not comply with theregulations of the zoning district in which they are located. These uses, structures, orparcels are then classified as "nonconforming." While they are typically permitted tocontinue, their future expansion, reconstruction, or conversion is regulated byprovisions set out in this section of the zoning ordinance. See Sidebar, Zoning's"Achilles Heel," p. 16.

5. Impact Regulations. Many zoning ordinances include a separate section (orsections) setting out a variety of "impact" regulations or standards. These mightinclude, for example, parking standards, sign regulations, landscape requirements,

urban design criteria, historic preservation standards, and various environmentalcriteria (such as requirements for tree plantings in new developments).

6. Administration and Enforcement. This section of the zoning ordinance spellsout the duties of those involved in administering the ordinance – the zoningadministrator, the governing body, the planning commission, and the board of zoning appeals or board of adjustment. Procedures to be followed when amendingthe zoning ordinance, as well as standards for assessing penalties and fines forzoning violators, are also included in this section.



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SAMPLE ZONING ORDINANCE THIS PAGE PROVIDES LINKS TO MANY SAMPLES



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SAMPLE HEALTH ORDINANCE



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HYDROGEN SULFIDE AND FACTORY FARMSLAND STEWARDSHIP PROJECT FACT SHEET



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REVIEW OF HYDROGEN SULFIDE DATAMINNESOTA DEPARTMENT OF HEALTH



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How to Hold a Press Conference(Western Organizing Review, November 1997)

T e n St e p s f o r a S u c ce s s f u l N ew s Co n f e r e n c e

1. Plan ahead. At least two weeks before the event, talk about what you wantto do and how you want to do it.

2. Tell your group about your ideas; get your members’ ideas and decide onthe message you want to get out.

3. Prepare props, posters, banners and a press kit.4. Prepare a list of reporters to invite to your news conference.5. Write and fax a news advisory.6. Write the statement you plan to make at the press conference.7. Finalize all details. Write a news release.8. Call reporters the day before the press conference to remind them of the

event.

9. On the day of the conference, arrive early to situate speakers, organizematerials, etc.

10. After the conference is over, hand-deliver copies of your news release andstatements to reporters who didn’t show up. If hand-delivering isimpossible, fax the release.

A press conference is a presentation of information to the media. You decidewhat information to present, how to present it, and who presents it. It is anopportunity to get your story on TV, radio or in the paper.

Before you plan a press conference, be very clear about your goals. This will

help you do a better job of planning the press conference. Some good reasons forholding a press conference:

¾ to get publicity about your efforts or the issue;¾ to send a message to a decision maker about what you want;¾ to get more people involved in your organization;¾ to develop your members’ skills;¾ to show your strength.

Whatever your goals, you need something newsworthy to announce, reveal,or discuss at a press conference.

Setting Up A Press Conference

Once you have a clear statement of your goals, decide what message youwant to deliver through the media. It may be your demands to a decision maker(someone who has the power to give you what you want); what people should knowabout the issue; information about what people can do to help; or the date, time andplace of your next action.



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Work out the location of the press conference. Find an appropriate place thatis convenient and has the facilities you need. Dramatize your position by choosing agood backdrop. If you hold the press conference indoors, provide technicalassistance for reporters, such as phones, microphones, enough light, etc.

Set a date and time for the conference, taking into account reporters’

deadlines. Check for competing news events scheduled at the time of yourconference.

Invite the media. Send a press advisory to media outlets at least a weekbefore the press conference. Follow up with a phone call to make sure that everyonereceived the advisory. Call them the day before to remind them about the event.

Invite guests. Make phone calls and send written invitations to those youwant to have at the press conference, such as other members of your group, allies,and friendly politicians.

Prepare your spokesperson(s) to deliver your message. Generally, it’s goodto have just one or two speakers during a press conference so people don’t talk on

top of each other, or mix the message. Rehearse with the speaker(s) to makestatements brief and clear and usually no longer than ten minutes. Thespokesperson should be experienced in the subject so s/he will be able to respond toquestions after the statement.

Often reporters will want to interview the spokesperson. Let the press knowthat the speaker is available after the press conference. Prepare your speaker with30-second answers for radio or TV, and quotable messages for print reporters. Helpyour speaker practice with a video camera or tape recorder.

Choose a moderator (facilitator) for the press conference. You will need aperson to control the process and keep reporters on the subject. If someone goes

off the subject, the moderator can return the focus by saying such things as: “That’san interesting point, but we are here today to discuss…”

Prepare background materials for reporters and guests, with a writtenstatement or press releases, fact sheets and graphics.

Practice roles with your group. Everyone should understand his/her role inthe event. Think about what will happen all the way through, and how it will look toreporters. What if reporters ask a non-spokesperson member a question? What if your opponents show up and heckle?

Prepare visual aids. Charts, maps, pictures or props help deliver themessage.

Running the Press Conference

Be ready to welcome TV reporters 15 minutes early (they need time to set uptheir equipment). Meet everyone at the door and ask them to sign in (you may needtheir addresses for the next event). Give them background material and the pressstatement.



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Start the conference as close to on time as possible and certainly not more

than ten minutes after the scheduled time, to respect those who came on time.

The moderator should welcome everyone and briefly introduce thespeaker(s). Remember that statements shouldn’t be longer than 10-15 minutes.

After the speakers are finished, ask for questions. Make your answers simple, brief,and pointed. A little bit of humor will also enliven the press conference. Good visualaids make your story more interesting, so be creative.

The moderator should end the press conference before things drag out toolong. After your important points are made, step in and conclude the proceeding.Thank everyone for coming and offer additional information they can get in youroffice. Thank them for keeping readers, viewers, and listeners informed about thisimportant community problem.

Making Your Statement

Think through how you can get your message across through the statementand the set up of the press conference. You can design your impact differently forTV, radio or print reporters.

Television: visual impact

¾ Think: “How can we set up to give reporters a good picture?” ¾ Seat speakers close in front so they all fit in the picture.¾ Seat the audience close to the speakers so they are in the picture. It’s

good to have children or others who show the diversity of your group oncamera.

¾ Display posters or banners with your group’s name, issue and demandswritten on them.

¾ Bring props (jars of murky water, gas masks, etc.).¾ Plan to have action during the conference with movement, lots of people

and signs to dramatize your message.

Radio: audio impact

¾ Ask “What sounds would interest radio reporters? What can we do tomake things technically suitable for broadcast?”

¾ Radio reporters need uncluttered sound with good acoustics and minimal

background noise.¾ Have a designated, well-prepared spokesperson(s) so everyone is not

talking at once.¾ Have a prepared statement so the main points can be made clearly. It

sounds better if it doesn’t sound like you’re reading it! Practice making astatement from notes.

¾ Only the designated spokesperson(s) should speak to the media duringthe press conference.

¾ Singing or chanting make great sound.



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¾ If you’re holding the press conference at a rally or event with a lot of people and noise, set up a quiet space away from the action forinterviews.

Print media: verbal impact ¾ Ask: “What would we want if we were newspaper reporters?”

¾ Provide a press packet with background material.¾ Pass out copies of press statements.¾ Use simple, powerful, quotable lines when speaking.¾ Don’t say anything you can’t back up with facts. If something is not a

proven fact, but you are sure it is true, preface the statement by sayingsuch things as, “in my opinion” or “we believe…”.

¾ Don’t bring up anything you are not prepared to discuss. If you are askedquestions that you don’t want to talk about, say “We’re not ready todiscuss that matter at this time,” or “Our group has not yet taken aposition on that.”

The Checklist

A press conference should be both fun and serious. Don’t spoil the fun; be ready toenjoy the high-energy impact of getting an important story on TV, radio, and in thepaper. Prepare yourself as well as you can. Some points to double-check beforeyour press conference.

1. Are the date, time, and place convenient for the media and guests?2. Did you invite everyone you want there? How many people do you expect?3. Do you have enough space to accommodate all the invited people? What if not

everyone shows up? Do you have a smaller room available so you don’t havefive people in an auditorium?

4. Have you accommodated the media’s equipment needs (TV cameras, electrical

outlets, microphones, etc.)? Does it all work? (The easiest way to check it is toask the members of the media about their needs.)

5. Do you plan to make photos for reporters who did not attend your pressconference? To make it convenient for the print media, use 8” x 10” prints.

6. If your news is the result of a complex study, do you have a brief summary tomake it easy to read for nonprofessionals in the subject?

7. Are there members of your group in the office whom the media can reach tofollow up?

8. Did media people who did not come to the press conference receive a press kit?9. After you’ve checked all of these, check them again. Try to prepare for all

possible situations.



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WRITING LETTERS TO THE EDITOR



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WRITING LETTERS TO YOUR NEWSPAPER

LAND STEWARDSHIP PROJECT FACT SHEET



ORGANIZING A SUCCESSFUL EVENT

Whether you are organizing a rally, a petition, a voter registration drive, a benefitconcert, a brown bag lunch, a speaker’s panel, or any other event, your success willalways depend on how the event is organized.

The most important things to remember:

• Develop a concept for the event and set clear goals. Some goals might beturnout, media coverage, group building, political action, etc. Prioritize yourgoals.

• Set a date and choose a site for the event; work back from the date of theevent you are planning

• Create a detailed master task list and a timeline that includes all logistics.Work backwards when creating your timeline – if your event is on June 2nd,think about what has to happen that day, then think about what has tohappen the day before in order to make those things happen and so forth.This will allow you to determine how much time you need to plan your event.

• Look for opportunities to make the event easier

• Create a budget for the event.

• Develop a message and publicity campaign. What do you want to highlightabout this event and how do you want to get the word out?

• Do a “recruitment and turnout” plan. Make sure to cast a wide net and thendo personal on-on-one follow up. This plan could include phone banks,posters, leaflets, media, invitations, group presentations, etc.

• Create a media plan in order to get the event covered.