By Jim Massey
Editor

MADISON — Environmental attorney Andrew Hanson says his organization files lawsuits against large farming operations because he believes they pose a public health threat to Wisconsin citizens.

“We will remain focused on it until the problem is resolved,” Mr. Hanson told members of the Dairy Business Association Nov. 30 at the organization’s business conference.

Mr. Hanson said his Madison-based law firm, Midwest Environmental Advocates, targets large farms because the large farms’ environmental contamination risks are greater than on smaller farms.

“By in large the groundwater is clean and pure,” Mr. Hanson said. “But the risk of liquid manure seeping into the groundwater has not always been there. It is greater since there have been liquid manure systems.”

Mr. Hanson said he is concerned that liquid manure spread on frozen and snow-covered ground causes surface and groundwater contamination.

“Thirty-four wells have been contaminated (by manure) in 2004 and 2005. We see this as a public health threat,” he said.

Mr. Hanson said creating rules defining the best places and times for spreading liquid manure could reduce contamination risks.

“It seems to me if we do that everybody wins,” he said.

David Crass, a Madison attorney who represents the DBA, said the evidence shows two-thirds of manure runoff from streams comes from farms that wouldn’t be classified as concentrated animal feeding operations. A CAFO confines 1,000 animal units or more, which is equivalent to about 700 milk cows. He asked Mr. Hanson why the Midwest Environmental Advocates continues to target the larger operations.

“We could file suits against feeding operations of any size, and I think what I hear you saying is we should,” Mr. Hanson said. “If you’re advising us to be equal opportunity suers, we’ll take that into consideration.”

Mr. Hanson said he believes Department of Natural Resources rules should apply to any farmer who applies liquid manure.

“We think the risk increases as the size of the operation grows,” he said. “But if you’re asking me if it makes sense to impose these rules on any size operation, I’d say ‘yes.’”

Trent Loos, a Nebraska farmer, radio show host and founder of a nonprofit organization called “Faces of Agriculture,” said he believes the MEA lawsuits target larger operations because “it’s hard to get public sentiment against American Gothic-style agriculture.”

Mr. Hanson said his vision is for there to be no groundwater contamination risk from liquid manure, that manure management has been perfected, that Wisconsin has a diverse agricultural base and that there are good pasture-based farms that reduce environmental risks.

Mr. Hanson said he’s concerned the dairy industry could be headed toward vertical integration, as in the hog and poultry industries, in which large farms control a majority of the production.

“I’m concerned that 100 CAFO dairies control 10 percent of all livestock in Wisconsin right now,” he said.

Mr. Hanson said the MEA doesn’t sue large farms to fund the law firm’s work.

“Oh my gosh, no,” he said. “If you guys are the easy targets, I don’t know what the hard ones are. No one else wants to take (these cases) on. We’re not filing these suits to get rich.”

Mr. Hanson said he wants to work with the DBA and other agricultural organizations to solve environmental issues.

“You have an opportunity to be aggressive and solve this problem,” he said. “Other states will look to Wisconsin as a beacon.”

Mr. Hanson said the MEA isn’t suing the city of Milwaukee for polluting the waterways because “we don’t think it’s necessary,” he said. “If no one else was fighting them, I would.”

Jim Massey may be reached at jim.massey@direcway.com.