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Alvin Alexander Cheyne
January
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Your industry could be
next
Capital
Press Editorial
July 25, 2008
A
comment from the back of the room provided the most telling
moment at an Oregon State Board of Agriculture meeting earlier
this year.
Jim Krahn, executive director of Oregon Dairy Farmers
Association, notified participants in the meeting that although
their industries weren't targeted at the moment, they should
keep an eye on the Oregon Dairy Air Task Force.
"You could be next," Krahn said when asked if he wanted to
comment on the progress of the task force.
The task force is a symptom of the regulatory creep that can
occur as environmental groups target one agricultural industry,
then another and another.
It turns out the task force's final report, which will be
presented to the Board of Agriculture on Friday, Aug. 1,
contains proposals dairy industry leaders believe are workable.
The report, which could form the basis of legislation in 2009,
calls for reducing dairy air emissions largely through voluntary
measures. It includes calls for the Oregon Department of
Agriculture to request state funds for research to help identify
best management practices. And it calls for the state to offer
incentives to encourage dairies to adopt those practices.
Not until 2015, according to the report's proposals, would the
state regulate dairy air emissions.
Though the dairy industry says it could live with the task
force's proposal, the ultimate legislative outcome is not a done
deal. Far from it. The scenario could still could be much worse
for dairy farmers as the Legislature writes the report into law.
The legislative road to setting up the task force was a long and
arduous one. Environmental groups in 2005 filed a petition
opposing a 40-year-old agricultural exemption in Oregon's air
quality laws. They claimed the exemption put Oregon out of
compliance with the federal Clean Air Act.
The dairy industry responded in the 2007 Legislature by
proposing the state remove the exemption - an exemption
established under the premise the state's farms did not
adversely affect air quality.
Removing the agricultural exemption, farm lobbyists concluded,
would put the state in compliance with the federal law - with
few repercussions to dairy operations.
The good-faith efforts of the dairy industry were nearly
derailed when environmental groups convinced a legislative
committee to amend Senate Bill 235, which contained the
exemption removal. The amendments as proposed by environmental
groups went beyond meeting the requirements of the federal Clean
Air Act. One would even require the state to measure ammonia
emissions from dairies - even though ammonia emissions currently
are not regulated under the Clean Air Act.
Another would place the regulatory authority for dairies in the
hands of the state Department of Environmental Quality instead
of the Oregon Department of Agriculture, which would profoundly
change how dairies were regulated under the bill.
Agricultural lobbyists fortunately convinced lawmakers to remove
those provisions, which could have placed draconian restrictions
on dairying in Oregon. And by the time the bill reached the
Senate floor, it had been returned to its original form.
The Dairy Air Task Force was the result of negotiations over the
bill. For six months, agricultural and environmental interests,
along with officials from the state departments of agriculture
and environmental quality, worked on the report.
In the end, the report was lauded by dairy industry and
environmental organizations alike.
But one can only wonder what the report might have looked like
were it not for the efforts of dairy leaders like Krahn, who
gave voice to the industry's concerns.
And all of agriculture might be wise to heed Krahn's message.
Today, dairies are the target of new air quality regulations.
Tomorrow, it could be another agricultural industry.
As Krahn notes, sitting on the sidelines and hoping for the best
just won't cut it. Only when all of agricultural stands up for
itself will it be able to ensure its interests are protected.
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NOTE: In accordance with Title 17 U.S.C. section 107, any
copyrighted
material herein is distributed without profit or payment to
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research and educational purposes only. For more information go
to:
http://www.law.cornell.edu/uscode/17/107.shtml
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