Judge Orders Environmental Review of Factory
Farm in Waseca County

Contact: John Gaterud, Alton Township Alliance, 507-389-5523
Jim Peters, attorney, 320-763-8458 or 320-760-1292

1/24/02
WASECA COUNTY, Minn.-A District Court Judge sided with family farmers and rural residents yesterday when she ordered an environmental assessment worksheet (EAW) on a controversial hog feedlot proposed for Waseca County's Alton Township. In the ruling, Judge Renee L. Worke states: "... Waseca County failed to follow Minnesota statutes and rules as they relate to environmental review of feedlots...." The ruling means that an EAW must be performed on the proposed hog feedlot.

The proposed industrial style hog facility is for 2,000 finishing hogs, which is the equivalent of 600 animal units. Minnesota law mandates environmental review at 1,000 animal units. However, more than 40 neighboring farmers and rural residents submitted a petition requesting that the county perform a discretionary EAW on the proposed project under Minnesota law. In September, the Waseca County Board of Commissioners denied the petition by a 4 to 1 vote. Judge Worke's ruling overturns that decision.

"Our petition outlined real environmental concerns that the county ignored, " said John Gaterud, a Land Stewardship Project member who lives near the proposed feedlot and was a plaintiff in the lawsuit. "Judge Worke's ruling means that the county will have to address these concerns. This court ruling is critical since Waseca County's current feedlot ordinance circumvents public input. Neighbors will now be able to have our concerns heard."

In June, Gaterud and his neighbors created the Alton Township Alliance for Responsible Growth, which filed the court challenge when the county failed to order an EAW. Chief among the concerns listed in the citizens' petition is the potential for contamination to air and water. The proposed factory farm would be located on land that slopes toward a nearby major drainage ditch in the LeSueur River watershed. The Minnesota River Basin Data Center at Minnesota State University, Mankato, has sited this watershed as being "excessively" polluted.

In addition, the petition cites concerns with odors and hydrogen sulfide emissions. Hydrogen sulfide is a poisonous gas produced by liquid hog manure. Odor and hydrogen sulfide are especially problematic because the proposed site is on five acres of land that is in the midst of 67 already established homes. The problems are compounded by the cumulative impacts of the many already existing large feedlots in the area.

"The county failed to address many of the issues brought up in the petition and supporting documents," said attorney Jim Peters, who represents the citizens group. "The law is clear. If a petition for an EAW contains material information about the potential for significant environmental impacts, then an EAW must be ordered. That way the public has a forum to comment on the project and governmental decision-makers will have the benefit of those comments. Judge Worke recognized that and ordered an EAW. "

Jim Peters is with the law firm of Peters and Peters, PLC. Peters and Peters is working with Land Stewardship Project members on several environmental review challenges involving large feedlots. Peters and Peters successfully argued cases in Fillmore County and Pope County resulting in court-ordered environmental impact statements on two large feedlots that had significant potential to impact the environment.

"This case is especially important because the county recently failed to improve our county feedlot ordinance," said Gaterud. "Our county is the only one in Minnesota that allows the proposers of large feedlots to opt out of having to go through a public hearing process to get their county permit. Without an EAW, there will be no public input on large feedlots in Waseca County. The EAW is our sole vehicle for that comment."

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NOTE: For a copy of the ruling contact Bobby King at the Land Stewardship Project, 507-523-3366