Friday, August 6, 2021
CapitalPress.com 3
New application submitted for Easterday Dairy
BOARDMAN, Ore. —
Plans to reopen Oregon’s sec-
ond-largest dairy are back on
the table, with a third owner at
the helm.
The Oregon Department
of Agriculture has received
a new application from Cole
Easterday to operate the
dairy near Boardman. Cole’s
father, Cody Easterday, was
forced to withdraw his appli-
cation on July 15.
It is the latest develop-
ment for the property for-
merly known as Lost Valley
Farm, which opened in 2018
and closed less than a year
later due to repeated viola-
tions of its Confi ned Ani-
mal Feeding Operation, or
CAFO, permit.
Former owner Greg te
Velde eventually declared
bankruptcy and the site was
sold in 2019 to the Easter-
day family, which ran several
farming businesses around
Pasco, Wash.
However, Cody Easter-
day ran into legal troubles of
Court denies
challenge to
Proposition 12
By CAROL RYAN DUMAS
Capital Press
The 9th U.S. Circuit
Court of Appeals has denied
a joint complaint by the
National Pork Producers
Council and American Farm
Bureau Federation chal-
lenging California’s Propo-
sition 12.
Approved by Califor-
nia voters in 2018, Prop 12
establishes minimum space
requirements for breeding
pigs, calves raised for veal
and egg-laying hens within
the state. It also bans the sale
of pork, veal and eggs from
animals raised elsewhere if
their living conditions don’t
meet California’s standards.
National Pork Producers
Council and Farm Bureau
sued the California Depart-
ment of Food and Agricul-
ture on the grounds that
Prop 12 violates the Com-
merce Clause of the Con-
stitution by disrupting inter-
state trade.
They argued the mea-
sure compels out-of-state
producers to change their
operations to meet Califor-
nia’s standard, impermissi-
bly regulating extraterrito-
rial conduct.
The court disagreed, say-
ing Prop 12 does not dictate
the price of product and does
not tie the price of in-state
products to out-of-state
prices and does not violate
the underlying principles of
the Commerce Clause.
The court recognized the
measure could have an indi-
rect eff ect on how pork is
produced and sold outside
California but held that such
upstream eff ects don’t vio-
late the Commerce Clause.
National Pork Produc-
ers Council states it is disap-
pointed in the decision and is
evaluating it and the organi-
zation’s next steps.
his own and pleaded guilty
earlier this year to defraud-
ing Tyson Foods in a “ghost
cattle” scheme, selling more
than 200,000 animals that
existed only on paper.
He agreed to pay $244
million in restitution and
faces up to 20 years in prison
for felony wire fraud. Sen-
tencing is scheduled for Oct.
5.
Meanwhile, both East-
erday Farms and Easterday
Ranches have fi led for bank-
ruptcy, and Cody Easterday’s
sons — Cole, Clay and Cut-
ter — purchased controlling
interest in the family’s dairy
business, known as Easter-
day Dairy LLC.
Since Cody Easterday is
no longer listed as the dairy’s
operator, ODA required
Cole Easterday to submit a
new CAFO permit applica-
tion subject to the agency’s
review.
The new application is
similar to the old. It calls for
28,300 total animals, includ-
ing 9,700 mature dairy cows,
8,600 dairy heifers and
10,000 non-dairy cattle.
EO Media Group File
The former Lost Valley Farm outside Boardman, Ore.,
which Cole Easterday proposes to reopen.
Liquid manure will be
stored in open-air lagoons for
up to 111 days each year, with
a capacity of 86.8 million
gallons, and solid manure
will be kept year-round on an
impervious soil pad.
The dairy also plans to
recycle manure and pro-
cessed wastewater to grow
crops on 5,390 acres of farm-
land, mixed at agronomic
rates to avoid groundwater
contamination.
Nitrate concerns
However, ODA has
issued a water quality advi-
sory for the property after
tests showed soil nitrate lev-
els could potentially migrate
into the groundwater.
As part of the original
purchase agreement, Cody
Easterday agreed to clean
up the property under ODA
supervision. Under te Velde’s
ownership, Lost Valley Farm
had racked up 200-plus vio-
lations of its CAFO permit
related to manure and waste-
water management.
One condition of the
cleanup permit includes
ongoing soil testing to mon-
itor for nitrates, which at
elevated levels can impact
human health.
The proposed dairy is
located within the Lower
Umatilla Basin Ground-
water Management Area,
designated by the Oregon
Department of Environ-
mental Quality in 1990 for
having elevated levels of
groundwater nitrates.
While no animals are
currently allowed on site,
Cody Easterday had been
growing potatoes and
other vegetables at the
dairy while awaiting the
outcome of his CAFO per-
mit application, according
to ODA.
The agency stated in a
news release that it issues
water quality advisories
“when there is a risk of
violating permit condi-
tions, and is a proactive
notification to alert the
owner-operator that steps
must be taken to prevent
violations.”
Another condition of
the dairy cleanup requires
the Easterdays to monitor
each of 11 groundwater
wells every quarter.
During the most recent
round of testing, ODA
reported that one of the wells
exceeded the allowed level
of nitrates.
“ODA is advising the
operator on how to reduce
nitrate levels,” the agency
stated, adding regulators will
now require monthly well
tests and reduced applica-
tions of nitrogen fertilizer
and irrigation water on crop
circles closest to the aff ected
well.
Cole Easterday did not
immediately return a mes-
sage seeking comment.
A coalition of environ-
mental groups continues
to oppose the project, and
urged ODA and Gov. Kate
Brown to reject the Easter-
day permit.
“No matter who the appli-
cant is, Easterday Dairy will
produce dangerous meth-
ane emissions, hijack scarce
groundwater resources, and
pollute the air and water
of frontline communities
already struggling with the
impacts of the pandemic,”
said coalition organizer Kris-
tina Beggen.
Farm Bureau surveys members on drought response
By CAROL RYAN DUMAS
Capital Press
The intensifying drought
across the West is forcing
many farmers and ranch-
ers to make tough choices
— selling livestock and
destroying crops, a new sur-
vey has found.
The American Farm
Bureau Federation surveyed
its state and county leaders
and members in 11 west-
ern states and the Dako-
tas to gauge how they’re
managing.
The survey ended June
25 and received nearly
700 responses. States were
given the options of fi lling
out the survey on behalf of
their members at the county,
district or state level.
On average, selling por-
tions of the herd or fl ock,
increases in local feed costs
and traveling long distances
to acquire feed and forage
were scored as prevalent or
higher.
More than 85% rated
selling off portions of their
herd as prevalent or higher,
and 87% of respondents
said there’s an increase in
feed costs associated with
drought in their area.
In addition, 77% of
respondents said they
reduced their acreage and
see that as prevalent in their
region.
Many respondents spoke
of weaning animals earlier,
reducing grazing time on
rangeland, hauling water
through mountain terrain
and relocating herds across
state lines, Farm Bureau
reported.
One California rancher
said he had to reduce his
herd by 66% to deal with
lack of feed and the huge
transportation costs of
hauling feed from out of
state.
The Arizona Farm
Bureau reported that all the
ranchers it surveyed had
either begun to liquidate
Associated Press File
Farm Bureau members say in a survey the drought has deeply impacted their farms and ranches.
or are planning to liquidate
signifi cant portions of their
herds.
On the crop side, reduc-
tion of planted acreage and
switching planned planted
crops because of drought
scored as moderately prev-
alent or higher.
Tilling under crops was
the least prevalent issue,
although results varied by
state. Nevada reported till-
ing under as very prevalent,
and New Mexico scored it
as near zero.
Several
respondents
reported
current
and
expected yields were down
by more than 75% of nor-
mal, with examples of
drilled forage grass failing
to germinate, alfalfa ceas-
ing growth after 4 inches
and plants being com-
pletely dried out from low
humidity.
Many producers of
orchard trees have expe-
rienced die-off s, with one
respondent reporting some
farmers have bulldozed
almond trees and oth-
ers have pruned trees sub-
stantially or stripped fruit
to save the trees due to
expected shortfalls in water
deliveries.
On a weighted aver-
age, reduced surface
water deliveries scored
near the very prevalent
threshold, with increases
in
groundwater
use
rated near prevalent.
One
respondent
reported starting well water
pumping in mid-April as
opposed to the normal start
time in mid-July. Another
reported the reservoir he
uses for irrigation water
storage was 58% of its nor-
mal level. Another reported
trucking water to pasture
— something his family
has never had to do in 80
years of operation.
Hawaii rated reduced
water
deliveries
as
extremely prevalent. Cal-
ifornia, Colorado Nevada,
Oregon and Utah scored
reduced water deliveries as
very prevalent.
California,
Nevada
and New Mexico rated
increased groundwater use
as very prevalent. Oregon
scored increased ground-
water use as moderately
prevalent.
Washington rated both
reduced water deliver-
ies and increased ground-
water use as moderately
prevalent.
Idaho rated reduced
water deliveries as preva-
lent and increased ground-
water use as moderately
prevalent.
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