NM group seeks moratorium on new factory farms
Thursday, August 29, 2024
By Lena Beck for Modern Farmer.
Broadcast version by Roz Brown for New Mexico News Connection reporting for the Modern Farmer-Public News Service Collaboration.
The thing that Kendra Kimbirauskas hadn't expected were the trucks.
As a small farmer who formerly worked with communities to resist large corporate farms, she knew a lot about how industrial chicken operations could affect a community. She knew about the putrid smell of animal waste, she knew it wasn't safe to drink the local water. But, in April of 2023, as she visited a midwestern farmer whose home was surrounded by dozens of industrial chicken barns producing millions of chickens, it was the sight of the trucks hurtling down the narrow roads, one after the other, that was particularly jarring.
"If you can picture a dusty dirt road with semis barreling down, the amount of dust and dirt and God knows whatever else that comes off these trucks would literally blow into the front yard," says Kimbirauskas. "Thinking about putting your clothes on the line, or having your windows open, that's no longer an option because of these trucks."
Carrying feed, new birds, and finished flocks, these trucks served as a near-constant reminder of the other things these operations bring with them-smells that make it hard to stand outside, air pollution you can feel burning your throat, not being able to trust the water coming out of your tap-the list goes on.
Just three years earlier, Kimbirauskas had gotten wind that Foster Farms was planning to move into her own home of Linn County, Oregon and decided to fight back. After a bit of digging, what she found was staggering: Foster Farms was planning three sites in the county to build concentrated animal feeding operations (CAFOs), which would collectively raise 13 million chickens per year. This visit provided Kimbirauskas with a glimpse into what she was fighting against in her own home community.
"For me that was such an affirmation that [our] community is 100 percent going to be the target of chicken expansion," says Kimbirauskas. "It really made me dig in and stand in my own power and agency of knowing that this is not something that would be good and beneficial for Linn County."
CAFOs are defined by the EPA as intensive feeding operations where many animals are confined and fed for at least 45 days per year-though this is just a minimum-and where the waste from those animals poses a pollution threat to surface water.
There are small, medium and large CAFOs, with the largest of these-housing thousands to tens of thousands of animals-embodying the truest definition of a "factory farm." Many of the issues can be boiled down to the sheer concentration of manure they produce.
As of 2022, there were more than 21,000 large CAFOs in the US. One estimate, informed by USDA data, suggests that 99 percent of livestock grown in the US is raised in a CAFO. Some states have particularly dense concentrations, such as Iowa, North Carolina, and Nebraska. This industry presents itself as a way to produce a lot of food while keeping costs down. But any cost saved by the consumer is a cost borne by the CAFOs' neighboring communities, the environment, local economies, and even the contracted farmers themselves.
Large CAFOs cause myriad problems that are currently being experienced by communities across the country. These issues include environmental pollution, drinking water poisoning, air pollution, and plummeting property values. In drought-ridden states such as New Mexico, CAFOs add insult to injury by contaminating the water and using more water than the dwindling aquifers can handle. In Winona County, Minnesota, more than 1,300 people can't drink their water because of nitrate pollution.
There have been many instances of serious illnesses believed to be linked to living close to CAFOs, such as cancer and miscarriages, and respiratory issues such as asthma and sleep apnea are prolific in CAFO-adjacent communities. In North Carolina, living near a large CAFO has been associated with increased blood pressure. In Iowa, a study found that children raised on swine farms had increased odds of developing asthma.
Large CAFOs are often built in communities of color. This frequency with which polluting industries are built in these communities is evidence of ongoing environmental injustice.
While the industry often associates itself with the picturesque image of American farming, the fact is that industrial agriculture has created the immense consolidation of US farms, driving farmers all over the country out of business. CAFOs are often built in clusters near each other-when a CAFO is built, more will likely follow.
The factory farm industry is expanding all the time, but communities across the country have become advocates to stop this expansion-both at individual sites, and on a systemic level-in the hopes that, one day, no one has to pay the price of factory farming.
Foster Farms is coming to town
Linn County is tucked into the western part of Oregon and home to many family-run farms. But, in 2020, Foster Farms arrived in the county, planning to build CAFOs holding tens of thousands of birds at a time. Foster Farms is a poultry company that sells chicken and chicken products in chain grocery stores across the country.
In Linn County, there was no public announcement of Foster Farms' arrival.
"One of the stories that we hear time and again is people didn't realize or don't realize what's going on until it's too late," says Kimbirauskas. "That is a tactic of the industry because nobody wants to live next to one of these things. So, they're going to be trying to get in as quietly as possible."
It started in 2020, when a woman working at a local feed store noticed a customer come in with Foster Farms company branding on his coat. He was a land scout, and he was in the area to try and determine suitable land for chicken operations.
She asked him some specific questions about the locations they were considering. One, she learned, was right next to her house. The land scout told her they planned to put up a buffer between the site and one of the bigger houses in the area, so they wouldn't get complaints. But, she knew, there was also a smaller house on that road-her house. Would that house get a buffer?
Well, he told her, they don't have enough money to do anything about it.
Foster Farms' behavior aligns with larger trends-data shows that CAFOs are disproportionately built in low-income areas.
After this upsetting conversation, the woman reached out to Kimbirauskas. Kimbirauskas is a bit of an anomaly when it comes to fighting CAFOs, because she's seen similar situations play out all over the country. Growing up in Michigan, the rapid consolidation of dairy farms due to industrialized agriculture led her family to the very difficult decision to sell their dairy. Today, Kimbirauskas is the Senior Director of Agriculture and Food Systems at the State Innovation Exchange (SiX). Before that, as chief executive officer of the Socially Responsible Agriculture Project (SRAP), she had worked with communities across the country who were dealing with health and environmental issues as a result of living next to CAFOs.
Kimbirauskas and other concerned members of the community found that there was no information available at the state level about what was going on, so the first thing Kimbirauskas began doing was submitting public records requests.
"Through those public records requests, we found that there was not two but three sites that were being proposed, which would have totaled roughly 13 million chickens within a 10-mile radius, and that was per year," says Kimbirauskas.
Something had to be done.
Site fights
The battle against factory farms happens at multiple scales. Some of the big-picture advocacy happens at the state and federal level, where advocates are trying to make systemic changes. Other battles happen directly over individual proposed or existing CAFOs-these are known as "site fights."
Site fights aren't easy to win. But it is possible. Barb Kalbach, president of the board of Iowa Citizens for Community Improvement (CCI), has experienced it firsthand. In 2002, Kalbach lived on a small farm in Adair County, Iowa-a rural community that today has a population of less than 8,000. She heard through the grapevine that just 1,970 feet up the road from her property, a massive hog CAFO was being proposed. She called a realtor she knew who lived nearby who confirmed it. The operation would consist of 10 buildings holding 7,200 sows, producing 10 million gallons of liquid manure every year. Kalbach's farm had always been surrounded by other farms. But no regular farm produces that much manure.
Kalbach called the Iowa CCI, which had been fighting social justice issues affecting Iowans since the 1970s.
"I called the office. That was on a Friday, and they sent out on Sunday an organizer. And in that two-day period, I called all the neighbors, anybody I can think of in our community that probably wouldn't like it very well, this confinement, and we all met over at our little local country church."
When organizing against a CAFO, simply not wanting one near you isn't a good enough reason to keep one out. CCI didn't do the work for them, says Kalbach, but advised them on things they could do, such as looking for evidence in their plans that the facility wouldn't be able to meet the environmental regulation requirements. Proof of this kind is easier said than found.
Kalbach and her neighbors went to commissioner meetings, did research, wrote letters to the editor of the local newspaper, created petitions and sought signatures. The actual turning point came to Kalbach as a phone call in the early hours of the day.
"At four o'clock in the morning, one of the guys called me and he said, 'I've got a great idea,'" says Kalbach. To get permitted, this operation would have to create a manure management plan for the 10 million gallons of liquid manure per year. "The guy that called me said, 'let's get all the farmers within a 10-mile radius to sign a document that states they will not accept the manure.'"
The idea was to show the Environmental Protection Commission (EPC) that all of the manure would have to be transported at least 10 miles before anything could be done with it. The CAFO would not be able to claim that nearby farms were going to use the manure as fertilizer.
The CAFO was permitted anyway. The community appealed this decision, and during this period, they brought forth everything they had-including the list of neighboring farmers who agreed to reject the CAFO's manure. And they succeeded. In the end, the vote went in favor of the community.
"[The EPC) voted finally and we won five to four," says Kalbach. "He was smacked down and we did not have a factory farm built by us."
Site fight victories show what's possible. But when denied a site, industry begins looking elsewhere. The danger is that the next community may not be as successful in resisting. And that's why many advocates are also looking for systemic change.
Iowa is densely populated with CAFOs. In the last 25 years, the number of waterways in Iowa that are polluted has increased significantly. Iowa Public Radio reports that Iowa has the second-highest rate of new cancers in the country, and it leads the nation in the highest rate of new cancers. Kalbach says she believes these are connected.
Iowa is known for its sheer density of swine CAFOs, producing one out of every three hogs raised for consumption. As a result, Iowa has to deal with more hog waste than any other state in the country. The impact is felt in both rural and urban communities.
"I think it's a little easier in urban centers, like Iowa City and Des Moines, to feel like things are a little more normal, and that the scale of the problem isn't quite what it is," says Mankel. "But driving through rural Iowa, and visiting small towns, it's really destroyed so much of our state."
There has been a campaign for a moratorium on new or expanding CAFOs in the Iowa state legislature since 2017. It has not been passed.
Despite the lack of success in Iowa, moratoria movements are one way that some other states and counties have prevented new CAFOs being built or expanded. At a federal level, Senator Cory Booker's Farm System Reform Act could make moratoria a reality across the country. While site fights are important, they are not always successful. In states such as Iowa, which is densely saturated with CAFOs, only systemic change will move the needle.
"I think those folks, who are the [majority] of Iowans who are not farmers, are starting to understand why they should care about this," says Jennifer Breon of Food & Water Watch Iowa.
Consolidation and systemic advocacy
Being near a megadairy CAFO is a visceral experience. In Clovis, New Mexico, organizer for Food & Water Watch Alexa Moore said the smell was like that of a normal farm cranked up to 10 times the potency. That smell, caused by the high concentration of manure, is more than just a bad scent; these fumes carry ammonia and hydrogen sulfide, which cause respiratory issues. Just walking through the parking lot of a Walmart, Moore's throat was burning.
Moore's stop in Roswell was part of a roadshow to three towns with a heavy factory farming presence: Clovis, Roswell, and Las Cruces. At each of these communities, Moore and fellow organizer Emily Tucker hosted a showing of the film "Right to Harm," a documentary that demonstrates some of the ways communities are resisting factory farming across the country. This roadshow aimed to build awareness of the issue, and foster conversation around some of the systemic changes that need to be made, and talk about the situations in the surrounding area. Some of these locations are also near airforce and military bases, which have caused pollution as well. They found some residents knew there was water pollution, but they didn't realize how much of it was due to the large CAFOs.
"A lot of people just assumed that all of the water contamination was from those military bases," says Moore.
Along the way, they were cautioned by locals not to drink the water. At a taproom in Roswell, Tucker asked the server for a glass of water.
"I'll just get you a bottle," the server replied.
In a state that experienced a decades-long drought, New Mexico doesn't have much water to spare. But here, factory farms use an estimated 32 million gallons of water every day. This puts a particular squeeze on smaller farmers, who simply can't farm without water.
"What we are seeing is a lot of our smaller farmers aren't able to continue to dig wells. So, we're seeing aquifer levels drop, their wells are going dry, and the small farmers aren't able to compete with these big corporations who can keep drilling and keep drilling," says Moore.
Moore's own family feels the strain directly. "My cousin is a farmer. He lives down in Alamogordo. He's a small family farmer, been in the family for five generations," says Moore. "And just this year, they lost their well water and so he can no longer farm, which is a huge part of his income."
Large-scale dairies also outcompete more sustainable operations on price, driving them out of business. In the past 20 years, New Mexico has lost half of its small-scale dairies. In this context, a small dairy is less than 500 cows. Large dairies can have tens of thousands of cows.
Consolidation isn't just a symptom of the factory farm problem, says Sean Carroll, policy and organizing director for the Land Stewardship Project in Minnesota. It's the root of it.
"Our system is so consolidated," says Carroll. "But that's a system that we created through choices made by policymakers. We can make different policy decisions that actually create a system that is better for farmers [and] better for rural communities."
A member organization of the HEAL Food Alliance, the Land Stewardship Project has had about 40 successful oppositions against CAFOs in just as many years. But it also engages in policy work at the state and federal level. Real change can be affected through a balance of both, says Carroll.
"At the local level, people's voices have a lot of power," says Carroll. "At the same time, so much of the drivers of this system are decisions that are made at the state or the federal level."
One of the greatest ways to battle industrial animal agriculture is by bolstering sustainable farm systems through policy. For example, the USDA is currently re-evaluating its Packers and Stockyards Act. Anyone can contact their legislators to voice their support of policies that can create long-lasting change.
"We can and need to change the language of the law so that farmers have actual legal avenues to challenge price discrimination from consolidation," says Carroll.
Additionally, the Farm Bill is a giant piece of legislation passed once approximately every five years, and it affects everything to do with our food system. One of the Land Stewardship Project's priorities for the Farm Bill is to stop using conservation funding for factory farms. Millions of dollars of this funding goes to large-scale CAFOs instead of helping smaller farmers expand their sustainable practices.
The use of conservation funding for large-scale CAFOs is something that community advocates around the country know all too well. Often, this takes the shape of anaerobic digesters at large CAFOs, which convert animal manure into methane gas, to be used as energy.
Rania Masri, PhD, co-director of the North Carolina Environmental Justice Network, says that biogas gets touted as a clean energy solution when really it's the complete opposite.
"That concept, in and of itself, sounds great, but when we look into the details, we see that in North Carolina, biogas promotion is specifically designed to financially incentivize and increase the profit of industrial agriculture," says Masri. "So, in that way, what it ends up doing is increasing methane production rather than decreasing it, increasing pollution in communities rather than decreasing it, and threatening communities with the possibility of methane explosion."
Organizing against false solutions
In places where clusters of large-scale CAFOs are already established, organizers try to prevent existing CAFOs from expanding. In recent years, this has included advocacy against building anaerobic biogas digesters at large CAFOs.
Federal and state governments have put forth biogas technology as a way to cut down on greenhouse gas emissions from agriculture. But advocates such as SRAP and Friends of the Earth say that biogas production does not erase the environmental impact of CAFOs. Instead, this industry creates a market for the manure systems that are most detrimental to human health.
By incentivizing manure production, biogas encourages mega-dairies to grow in size.
In areas such as California's Central Valley, parts of the midwest, and eastern North Carolina, advocates are speaking up against digesters. In this work, communities have to go up against not just industrial animal production giants, but also Big Oil-which has a direct interest in seeing the biogas market grow.
"It's important that when you're organizing about this stuff, you're super clear with the community members about what you're going up against," says Leslie Martinez, community engagement specialist for Leadership Counsel for Justice and Accountability (LCJA). "You're going up against Goliath."
LCJA addresses systemic injustice, particularly in California's rural and low-income regions, and biogas is one of the issues on which Martinez works closely with community members. Martinez is based in California's San Joaquin Valley, where there is a high concentration of mega-dairies. In the small towns throughout the valley, people may live next to as many as two dozen of these operations. No one knows the negative impacts of living next to mega-dairies better than people who actually do. They experience the air and water pollution firsthand.
"Communities who live next to dairies have a lot of expertise," says Martinez.
And yet, this technology is part of both state and federal plans to decrease greenhouse gas emissions. New Mexico recently passed a bill called the Clean Transportation Fuel Standard, intended to support the development of clean energy in the state.
California has its own Low Carbon Fuel Standard, something that has turned out to bolster mega-dairy CAFOs by supporting the development of anaerobic digesters. To resist the impacts of digesters, it's important to know how the rules surrounding the industry are made.
"If you're an organizer, I think step one is to figure out how decisions get made," says Martinez. "But [it's] also important to talk to someone who has been through this, who has been through a regulation so you can also understand the weird politics about it."
Martinez and LCJA have had individual victories against CAFO expansions, but when it comes to biogas advocacy, it has been difficult to get the California Air Resources Board to take the community's concerns about public health into consideration.
"It's business as usual," says Martinez. "But what about the fact that this business as usual is bad?"
As an organizer, Martinez has experienced how things like this frequently get presented through a narrow lens, such as focusing on creating methane gas without acknowledging community impact. She recommends organizers and communities push for a more holistic approach. A good question to keep coming back to when speaking to industry or government officials is, 'how would that impact community?'
"The other thing I encourage organizers to do is to stop thinking about things in silos. The bureaucracy creates things in silos to make it difficult for communities to make change, and at the end of the day, we know that there needs to be comprehensive reform around how we are doing dairies in California."
Becoming an advocate
When Mary Dougherty first heard of the plan to build a 26,000-hog CAFO in her home of Bayfield County, Wisconsin, she was concerned. Other parts of Minnesota had been through this. In Kewaunee County, there were more cows than people and nitrate pollution made the water unsafe to drink in many private wells. It's still that way, today.
Dougherty knew it was bad news. What she didn't know was what to do about it.
She had never thought of herself as an organizer or an environmentalist. She ran a restaurant. She published a cookbook. She was a mom to five kids. Of all the hats she wore, organizer wasn't one of them.
"I had no idea about any of this stuff," says Dougherty. "Literally zero-less than zero probably. I didn't know what the hell I was doing."
But she had to learn. There are only about 16,000 people in Bayfield County, so the idea of there being more hogs than humans was frightening. The town of Bayfield is perched on the edge of Lake Superior. Even though she didn't think of herself as an environmentalist, many people in Bayfield shared the same love for the lake and the surrounding landscape. The acute threat posed by CAFO pollution had to be addressed.
Now senior regional representative for the Socially Responsible Agriculture Project, Dougherty first got involved with the organization because it was who she reached out to for assistance.
"I got involved with SRAP because I called for help," says Dougherty. "I have such a really deep appreciation for the space [people are] in when they call because I was in that space in 2015."
The impact of this is two-fold-it leads to people supporting large-scale corporate farms because they think they're supporting the family farmer. But it also means that these operations aren't subject to the same regulations and monitoring as manufacturing industries. As agricultural operations, large CAFOs get away with more self-reporting and self-regulation.
Dougherty receives calls about impending CAFOs, and in places where CAFOs are already established, anaerobic digesters for biogas.
For the average person to begin organizing against a CAFO or digester is like going into a whole new world where they don't speak the language, says Dougherty. This new world is filled with things such as public records requests, zoning codes, and manure management plans.
Having been through the situation herself and supported others in similar situations, Dougherty says the most important thing to do first is listen to the community. She calls this a "tell me more" approach.
"What the Community Support program does is ... hold space for folks, as they orient themselves to this huge fight they're gonna find themselves in," says Dougherty.
When things were beginning in Bayfield, these early conversations were like the community's compass rose. They asked themselves questions such as "who are we" and "what do we value?" And only then, says Dougherty, could they move on to "what are we going to do about it?"
Bayfield residents came together on the common ground of wanting to protect Lake Superior and the surrounding landscape. And what they did about it was they started a petition to enact a moratorium on siting CAFOs in Bayfield County.
"This is ground that we all can stand on and agree, yes, this works for us. And once we've defined that ground, then we go on to the work of how we're going to protect this place."
The county board of supervisors passed the moratorium, stopping the clock temporarily. During that time, the board set up a study committee, which ended up recommending two ordinances that would further regulate any future CAFOs in Bayfield County. The 26,000-hog CAFO was not built in Bayfield County-but it did find another home in Burnett County.
Back in Linn County, Oregon, Farmers Against Foster Farms was working towards both-a bill to protect not only its county but give other Oregon counties the ability to defend themselves as well.
In Oregon, the story is not over
Finding out about the planned chicken operation galvanized Linn County residents-many of them farmers themselves-to organize into a group called Farmers Against Foster Farms. They made a website and an email listserv, created yard signs and a Facebook page. The three planned sites were a concern, but they also wanted a way to address the issue more generally, before future sites were even chosen.
Starla Tillinghast, a Linn County farmer and member of Farmers Against Foster Farms, knew that many of the issues they were concerned about, such as environmental pollution and health effects, could be partially addressed with "setbacks." A setback is a legally required distance between a CAFO and a property line. Oregon's was on the lower end-a couple of dozen feet. Tillinghast began looking at other agricultural states to see what their required setbacks were. Other states had greater setbacks, and Tillinghast thought that this information could help Oregon follow suit.
"I went and looked up setbacks all across the nation, and I wrote that out in a table," says Tillinghast. "I brought it to the planner, and I brought it to the county commissioners."
When they went to the Linn County commissioners with their concerns, they were faced with this issue: Oregon counties did not have "local control" or the ability to make decisions about these matters at the county level. When decisions about CAFOs are made at the state level, it makes it easier for industry to get a toehold in desirable areas.
They campaigned in coalition with other groups and, in August 2023, Oregon passed Senate Bill 85. One of the things it did was give counties local control. Another key part of its passing made it illegal for corporate farms to access groundwater without a permit, which Kimbirauskas suspects led two of the three potential Foster Farms sites to pull their permit applications. The third was granted and then paused-to be under review until October 2024.
In December, the county commissioners voted in favor of a one-mile setback for any new or expanding CAFOs-a huge victory for the group.
But after the decision, there was a lot of pushback. The county commissioners, who had passed the decision but had yet to codify it, reopened the topic for public comment and set another meeting for June, wherein the commissioners would either uphold the previous decision or walk it back.
The comments poured in. The Albany Democrat-Herald reports that nearly 200 people wrote in, both supporting and opposing the setback rule, most in opposition being members of a Facebook group called "Families for Affordable Food." This group mischaracterizes what the setback would actually do, implying it would hinder new farms and ranches in the area, when the focus is actually on large livestock operations.
It wasn't just people in Linn County who wrote in, nor even just in Oregon. People wrote in from the Midwest and the East Coast, above Oregon in Washington and below in California, signifying the cross-country nature of the resistance to factory farming.
"The whole nation is watching us," said Commissioner Sherrie Sprenger. "It's a big deal."
In the end, they voted to maintain the one-mile setback, but only for poultry CAFOs. This is a victory for the group, as well as an indication that more work will need to be done to make the case for holding that setback for dairy and hog CAFOs as well.
"I feel uneasy...This story may not be finished," wrote Tillinghast to Modern Farmer in an email. "But probably no [Foster Farms] CAFOs in Linn County for 2024 anyway."
Lena Beck wrote this article for Modern Farmer.
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