HEC Executive Director, Jesse Kharbanda, and Water/Agricultural Policy Director, Kim Ferraro, offered an informative presentation at Green Drinks in Valparaiso, Indiana on 5/21/12.
7. HEC’s Approach,
Expanded thanks Legislative
Engagement
to our Merger & Advocacy
with LEAF
Local Research
Challenges of
and State Agency
an
Collaborative Policy-Making
“Extraordinary
Nature” Approach
Citizen
Training
Workshops
8.
9. Which opportunity to focus on?
–Statewide impact
–Capacity to help the economy
–Supporter, Partner backing
–Bi-partisan champions
–Fundable
–.
14. Successes in
Sprawl-Reducing Transportation
• Bringing needed scrutiny on I-69’s overall
repercussions
• Indianapolis Star, other editorial Board’s
endorsements on infrastructure crisis
• Helping save PMTF cuts in last budget
15. Advancing Sprawl-Reducing
Transportation
• State picture
– 3% to transit
– More transit
agencies
– No gas tax money
• Local picture
– Property tax caps
29. Business Rationale
• Save operating costs
• Differentiate in marketplace
Corporate stewardship:
• Reducing pollution
• Promoting clean tech
30. Many tools, but more to go…
• Energy efficiency building codes & DSM
– Upfront capital
• Net metering
– Cost of electricity
• Grants, loans
– Government funding constraints
• Private sector clean energy finance
31. PACE Authorization
Legislation
• Solves two major long-standing
problems:
– Gives property owners upfront capital
– Enables the loan to the owner to travel
with the property
32. How does it do this?
• The legislation gives localities
authority to:
– Issue revenue bonds
– Proceeds used to give “assessments”
that are paid off over a 20 year period
– Administered in a few ways
• 23 states have this (IL, MI, OH)
39. Indiana’s CAFOs & CFOs
2,200 CFOs regulated under state law
625 CAFOs subject to federal regulation
40. Indiana’s CAFOs & CFOs
CAFOs responsible for 80% of
all livestock raised in Indiana
Cows/calves - 870,000
Hogs/pigs - 3.6 million
Poultry - 42 million
Livestock produce 500 million tons
of manure annually
Humans produce150 million tons of
Manure lagoons at an Indiana CAFO waste annually
41. Is this waste regulated? Not really
A CAFO in Kosciusko Co. Manure lagoons at a
with algae blooms nearby CAFO in Kosciusko Co.
42. Are Odors, Dust, Flies & Rodents Regulated?
Unfortunately, NO
EPA?
IDEM?
OISC?
IDNR?
ISDA?
IDH?
Local Ordinances?
Photo: fly infestation of home near a
CAFO
43. What legal recourse do
neighbors have?
“Since the first of May, when
they first spread the liquid
manure, the smell has been so
bad my kids can hardly go
outside.“
Union City resident, Wendy
McCarter-Read
Quoted in NUVO, July 21, 2010
Photo: Randolph County CAFO
44. Providing Real Access to the Courts &
Training Citizen Advocates
-CFO held accountable
-Right to Farm weakened
Stickdorn v. Lantz, et. al
-Citizen Advocacy Training
workshops in CAFO
communities
45. Protecting Legal Rights…
HEA 1091: Even more protection for
CAFOs
“If a court finds that an agricultural
operation that is the subject of a
nuisance action was not a nuisance . . .
and that the nuisance action was
frivolous, the court shall award court
costs and reasonable attorney's fees, to
the defendant in the action.”
Sponsor: Rep. Friend, Dist. 23
46. Environmental Injustice in Gary, Hammond & East Chicago
• Extreme poverty
• Largely minority populations
• Discriminatory zoning & land use
law
• No access to political / legal
system
47. Understanding Environmental Injustice in Gary, Hammond &
East Chicago
• Less vigorous enforcement by
regulators
• Older facilities exempt from
more stringent requirements
• Lack of meaningful access to
technical / legal assistance
50. HEC’s Lake County EJ Initiative
• Community led data collection and analysis
• Education and training in effective advocacy
• Providing community resources for long term
systemic change
51. Be a part of the Hoosier
Environmental Council!
comments@hecweb.org
facebook.com/hecweb
twitter.com/hec_ed
Notas do Editor
Communities of color and low-income communities face a disproportionate burden of environmental pollution and related health risks in this country and, here in Indiana.
The way we raise animals today for most of our meat and dairy products does not in any way resemble the way animals are raised on traditional farms with green pastures and red barns.
Instead, our meat and dairy come from large industrial facilities known as CAFOs/CFOs that concentrate as many animals as possible in one space at the least expense of money, labor and attention. These operations produce livestock in high volume to maximize profit but often cause significant harm to the environment and the communities in which they operate.
Also unlike the bucolic farm setting where animals graze in green pastures, animals in CAFOs are confined indoors, with no room for normal behaviors and little or no access to sunlight and fresh air. These animals are mutilated to adapt them to CAFO conditions including cutting off the beaks of chickens and turkeys (de-beaking), amputating the tails of cows and pigs (docking), castration, dehorning and other procedures done without anesthesia. Male chicks, of no economic value to the egg industry are typically gassed or ground up alive – in the photo here, they were found dead or dying in a dumpster behind a hatchery. And, they are given vast amounts of antibiotics to ward off disease associated with living in these conditions.
Indiana is home to nearly 3,000 of these animal factories – almost double the number we had little more than a decade ago.
These factories are responsible for raising 80% of Indiana’s livestock including: 870,000 cows, 3.6 million swine, and 42 million chickens, hens and other poultry. In the U.S., livestock produces 500 million tons of manure annually as compared to 150 million tons of human waste. To put this into perspective, a single livestock operation with 5,000 pigs is estimated to produce the same amount of raw sewage as a town of 20,000 people.
Although livestock animals produce significantly more waste than humans, the urine and feces from livestock is allowed under current regulation to collect in large open air lagoons before it is spread, untreated on land, in amounts that exceed the capacity of the land to absorb it. As a result, this waste often runs off into nearby surface waters where it stimulates bacteria and algal growth in those waters. Also, livestock waste produces toxic dusts and gases including noxious hydrogen sulfide and ammonia – exposure to which is known to cause respiratory symptoms and disease as well as and neurobehavioral problems including depression, fatigue and confusion. These health impacts have been increasingly documented in residents living near CAFOs.
There are environmental laws, agency rules and regulations, including permit requirements under the CWA applicable to CAFOs and CFOs. In fact, HEC was instrumental in strengthening these rules. **CAFO/CFO Rule: good character law, greater setbacks, more frequent manure testing, land application requirements**OISC – new rules for manure used as fertilizerHowever, these provisions do not regulate and offer little to no relief from the nuisance dusts, gases, flies and vectors created by industrial livestock operations.
Due to this regulatory gap, people who live next to these facilities are often prisoners in their own homes that they can’t escape due to the dramatic loss of property value from living next to an industrial livestock facility – and who would buy it?
So, in addition to our work to strengthen CAFO regulations, HEC provided residents who were driven from their home with legal representation to hold the polluting CFO accountable.The case went before the Ind. Ct. of Appeals where we successfully convinced the appeals court to reverse the trial court’s dismissal of the case and hold that RTF does not protect CAFOs from lawsuits brought by neighboring farmers who were their first.We are also planning an innovative program that will empower Indiana communities with the most CAFOs to be able to participate in zoning/land use, environmental permitting/enforcement decisions so they can effectively represent their own interests without having to hire a lawyer.
We also work at the legislative level to make sure people’s legal rights are protected. This last session, HEC fought hard to defeat a law that would have effectively precluded court access to people who live next to CAFOs and because there was not any legitimate reason for the law other than to have a chilling effect on people who are being harmed by neighboring CAFOs from seeking court relief.Although we were not successful, we were able to galvanize significant public opposition that enabled us add an amendment to lessen the unjust nature of the legislation.
Statistics have long shown that poor minority communities suffer a greater burden of pollution in our society than more affluent, white communities. That is certainly the case in Gary, Hammond and E. Chicago. Where:Gary :8.9% White – 84.8% African AmericanState: 81.5% White – 9.1% African AmericanPoverty rates:Gary – 32.6%State – 13.5% (6th highest in nation)Zoning law – preexisting uses grandfathered in – no separated use requirementsDiscriminatory land use – racially restrictive covenants; only whites/landowners could vote or sit on decision-making boards
Environmental laws:exempt older facilities from more stringent requirements (US Pub. Int. Research Group: grandfathered power plants emit 4-10 times more pollution than newer plants)Create complex administrative processes that require lawyers/technical experts to understandGovernment enforcement:RCRA penalties 500% higher in nonminority neighborhoodsAll penalties 46% higher in white communitiesLegal Aid Clinics that accept government funding (IOLTA) are precluded from using funds to influence regulation or agency adjudicatory proceedings if it concerns a policy of general applicability. Legal Aid clinics reluctant to get involved in EJ issues with well-funded opponents.
The area is home to three of the nation's largest integrated steel mills, one of the world's largest oil refineries, several coal-fired power plants, and countless industrial facilities including smelters, toxics recyclers, chemical companies and manufacturing facilities. Also, there are 52 CERCLA/Superfund sites, 423 hazardous waste sites, more than 460 underground storage tanks (USTs), three wastewater treatment works, and 15 combined sewer overflows (CSOs). The city of Gary has by far the highest proportion of land devoted to industrial activity than anywhere else in the state.
We know how to do this….can use our experience in Elkhart case to empower residents of Gary, Hammond & E. Chicago