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September 30, 2016 CapitalPress.com 3 Ocean Spray foresees record cranberry crop Oregon, Washington harvests may be down slightly By DON JENKINS Capital Press A worker at a dairy milks cows on a rotating carousel system. A lawsuit alleging that federal regulators should regulate air emissions from conined animal feeding operations has been dismissed. CAFO air quality lawsuit dismissed By MATEUSZ PERKOWSKI Capital Press A federal judge has dis- missed a lawsuit that accused the U.S. Environmental Pro- tection Agency of unlawful- ly ignoring environmentalist pleas to regulate air emissions from conined animal feeding operations. Last year, the EPA was sued for alleged violations of the Clean Air Act and the Ad- ministrative Procedure Act by several animal rights and envi- ronmental groups: the Humane Society of the United States, Association of Irritated Resi- dents, Environmental Integrity Project, Friends of the Earth and Sierra Club. According to the complaint, the plaintiffs requested in 2009 that EPA begin rulemaking to regulate CAFOs under the Clean Air Act but the agency has “unreasonably delayed” responding to the petition, al- lowing “preventable harms to public health and the environ- ment to persist.” “During that time, CAFOs have continued to emit air pol- lutants, including ammonia, hydrogen sulide, methane, nitrous oxide and (volatile or- ganic compounds), into the environment, avoidably en- dangering human health and welfare and contributing sig- niicantly to air pollution,” the complaint said. U.S. District Judge Tanya Chutkan in Washington, D.C., has now ruled that she lacks jurisdiction over the case be- cause the plaintiffs hadn’t warned EPA of the lawsuit 180 days in advance, as required by the Clean Air Act. The plaintiffs argued they should be allowed to sue any- way, under the Administrative Procedure Act, but Chutkan said this would allow them to “nullify” the notice require- ment contrary to the intent of Congress. Although the lawsuit is dismissed, the ruling is likely just a bump in the road for the plaintiffs. Peter Brandt, an attorney for HSUS, said the group plans to reile the lawsuit after pro- viding the 180 days notice, so the EPA’s victory amounts to “part of a pattern of delay.” “The agency appears to be twiddling its thumbs,” he said. Similarly, the EPA collect- ed information about emis- sions from CAFOs but has yet to release its conclusions from the study, suggesting it’s an- other project that’s “ground to a halt,” Brandt said. Unlike other emitters of hazardous gases, CAFOs ar- en’t held to any minimum standards or required to miti- gate their negative air impacts, he said. That’s problematic not only for the environment but for neighbors, some of whom can’t exit their homes without getting a “splitting headache,” Brandt said. It’s possible CAFOs can mitigate their impacts by in- stalling “bioilters” in their ex- haust fans or reduce the num- ber of animals per facility, he said. EPA does not comment on litigation and plans to “ad- dress the need for regulation” after completing a national air emissions study, which has been delayed as the agency responds to comments from its Science Advisory Board, ac- cording to a spokesman. HSUS and the other plain- tiffs will only be able to reile their lawsuit if the EPA takes no action on their petition, said Michael Formica, assis- tant vice president and legal counsel for domestic policy at the National Pork Producers Council. “The agency has broad dis- cretion in what to do and what not to do,” Formica said. The plaintiffs are motivated by an antipathy toward animal agriculture rather than a genu- ine concern about air quality, he said. “They don’t want Amer- icans to eat meat, so they’re iling a lot of nuisance actions just to waste resources,” For- mica said. As to EPA’s study of CAFO emissions, the agency’s own Scientiic Advisory Board found that its data analysis was unreliable, which is why the agency is re-interpreting that information, he said. “Every farm is different and you can’t devise a one- size-its-all solution,” Formica said. “HSUS don’t care what the data is, they don’t care what the science is, they just want regulations.” U.S. and Canadian cran- berry farmers, already faced with a bulging surplus, will produce a record crop in 2016, Ocean Spray Cranber- ries estimated Monday. The Massachusetts-based cooperative, which controls most of the world’s com- mercially grown cranberries, predicted the two countries will produce 12.7 million, 100-pound barrels. The yield would top the record 12 million barrels har- vested in 2014. Each barrel equals 100 pounds. The forecast, larger than an estimate in August by the U.S. Department of Agricul- ture, comes with much of the 2015 crop still in storage. The U.S. Cranberry Com- mittee reported an inventory of 10.7 million barrels as of June 30. Per capita consumption of cranberries in the U.S. has been lat over the past decade, according to the U.S. Cran- berry Marketing Committee. Meanwhile, cranberry pro- duction outside the U.S. has roughly doubled, and U.S. production has increased by about one-fourth. A surplus has been building over sever- al years. The U.S. Department of Agriculture in 2014 reject- ed a request from the U.S. cranberry industry to impose 12-month waiver Paint the Paper 15 percent volume controls. Oregon and Washington are the fourth- and ifth-larg- est cranberry states, respec- tively, and have little overall impact on the surplus. “If we knock it out of the park, nobody’s going to no- tice,” said Steve McPhail, who along with his father, Malcolm, grows cranberries on the Long Beach Peninsula. Ocean Spray estimates that the top cranberry state, Wis- consin, will produce 5.8 mil- lion barrels, about 1 million more barrels than last year. The harvest would rival the record 6 million-barrel crop the Badger State produced in 2013. The crop swelled the surplus and had an effect on growers nationwide. “We’d like to see Wiscon- sin have an average harvest sometime,” Malcolm McPhail said. Ocean Spray estimates Oregon will produce 480,000 barrels, down from last year’s record harvest of 562,000 bar- rels. Over 40 Years Experience Grass Expertise. LET’S TALK! 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