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.
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Don Jenkins/Capital Press
Juan Hernandez pulls cranberries from a bog during a harvest Sept.
22 in Long Beach, Wash. Ocean Spray, a cooperative that most
Long Beach Peninsula cranberry growers belong to, predicts another
strong global cranberry crop, adding to an already bulging inventory.
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Mateusz Perkowski/Capital Press
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