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Farm smells ignite debate but no consensus reached

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Before dinner can be prepared and served at the table, the food has to be raised on a farm.

However, Old MacDonald’s Farm with its placid scenes of pigs and cows is a shrinking segment of American farming, being replaced with large industrial agricultural operations with hundreds and thousands of animals.

Slim profit margins create the need for volume and push many farmers to build bigger barns and bring in more and more animals. When one of these larger operations is proposed, controversy is almost certain to erupt. While families need affordable and abundant food, many do not want to live next door to the New MacDonald’s Farm.

mcinerny McInerny

Large livestock farms that confine, feed and maintain the animals for at least 45 days are regulated by the Indiana Department of Environmental Management. The operation’s size determines its classification. For example, an animal feeding operation with 600 or more swine is called a confined feeding operation and one with 2,500 swine weighing more than 55 pounds each is a concentrated animal feeding operation.

Many of the concerns and disputes center on the amount of waste the animals produce. According to a 2010 report by the National Association of Local Boards of Health, large feeding operations can generate between 2,800 tons and 1.6 million tons of manure annually. This can outpace the amount of waste produced by humans in an urban setting.

 A recipe for discontentment on the Indiana countryside is created when more farms expand at the same time families not used to the farm smells are moving to rural areas where they want to live on five to 10 acres of land, said Todd Janzen, partner at Plews Shadley Racher & Braun LLP.

Today, the rules and regulations governing large livestock operations focus on protecting water. Much of the government’s focus is on how the animal waste will be collected and stored, and how it will later be applied to fields as fertilizer.  

Indeed, the permitting process for farmers wanting to start or expand a CFO includes submitting blueprints for manure treatment and control facilities in addition to soil and manure testing, locations of neighboring streams, ditches and lakes as well as maps of areas where the manure will be applied.

Not addressed by the rules and regulations is air quality. Yet, the smell is a common concern among neighbors any time any livestock feeding operation is proposed.

“That’s not their job,” Janzen said of IDEM. “Their job is the protection of the environment. There is not an environmental impact when someone smells manure in the country once in a while.”

Daniel McInerny, partner at Bose McKinney & Evans LLP, agreed. He said the number one misconception is that odors from these operations pervade the surrounding area for miles. Actually, the smell stays within a few 100 feet of the barns, he said, although it could potentially travel a farther distance when the manure is applied to the fields.

To Kim Ferraro, water and agriculture policy director at the Hoosier Environmental Council, the regulations are not balanced equally between property owners and farmers. The agricultural industry is very protected, she said, while the concerns about water and air quality are largely ignored.

Finding remedy in the courts can be a difficult hurdle to clear because of the amount of money needed to bring a lawsuit, she said.

“We’re not anti-CAFO,” Ferraro said of the council. “We’re pro-environment and pro-people.”

She pointed to a recent case – Eric Stickdorn and Lisa Stickdorn v. Elam B. Zook, Sarah F. Zook, Samuel L. Lantz and Mattie Z. Lantz, 89A01-1012-CT-670 – she argued and won before the Indiana Court of Appeals as an example of what neighbors of these operations must contend with. Here, the Stickdorns suffered physical illness and eventually had to leave their home because of the overpowering odor.

In a 2008 study, the Government Accountability Office examined the impact of concentrated animal feeding operations on air quality and found no consensus. The GAO looked at 68 government-sponsored or peer-reviewed studies completed since 2002 on the air and water pollutants from feeding operations. Seven of those studies linked pollutants from the animal waste to harmful emissions while three others found no negative air quality impact.

Typical emissions coming from the CAFOs are hydrogen sulfide, ammonia, methane and particulate matter.  

McInerny sees the public becoming more hardened against these large feeding operations. He blamed Internet chatter and a vocal minority which, he said, are spreading misinformation.

Contrary to the outrage when a feeding operation is proposed, he said, once the barns have been built and the animals are in place, most people do not even know it is nearby.

Possible changes coming

Both McInerny and Janzen pointed to recent revisions in the state regulations which have prohibited farmers from applying the manure to frozen, snow-covered fields. IDEM changed the policy because of concerns about the waste running off into streams and ponds.

The impact of this new restriction, from what Janzen has seen, is that some farms are deciding to constrict or stop livestock production altogether. These farms do not have the storage capacity to hold all the waste through the winter months and the cost of expanding to include more capacity is too much.

Moreover, the possibility of new regulations being imposed on small farmers could lead to an increase in the size of big operations. Again, the costs of compliance could force many small farmers to consolidate with larger farms.

So far, air emissions have not been a part of any new regulation, but the U.S. Environmental Protection Agency has been looking into the matter. It started a National Air Emissions Monitor Standards study to examine feeding operations and has been getting pressured to regulate. Twenty environmental groups petitioned the EPA in 2010 to regulate air emissions from large farms using the authority it has under the U.S. Clean Air Act.

Farmers fear they might be required to capture all air emissions from the barns and then make controlled releases into the environment, Janzen said.

The strong push back against a proposed confined feeding operation for hogs that would be near the YMCA’s popular Camp Tecumseh in Carroll County has captured headlines and illustrated the common concerns neighbors have.

The farmer, John Erickson, received approval from IDEM to start a CFO on his White County farm with two wean-to-finish barns housing a maximum of 4,620 hogs each. Currently, his permit is under appeal at the Office of Environmental Adjudications and the camp has filed a lawsuit to block the farm’s expansion.

Ferraro believes the public outcry over this particular farm could bring the entire CFO issue to a head. In this instance, she said, the regulations cannot protect the children who go there every summer from potential odors and contamination.

Yet, in the Legislature, the favor has rested with the industry, Ferraro said. The 2013 session included several bills such as House Bill 1582, a measure she characterized as “disturbing.” This bill would have made bringing a nuisance suit against a farm more difficult and would have allowed the farm to avoid mitigating the nuisance if doing so adversely impacted the farm’s economic viability.

The Hoosier Environmental Council would like to push for more progressive regulations and laws, Ferraro said, but at present the organization’s focus in on fighting to keep the state from going backward.•

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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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