Yesterday the Iowa Supreme Court ruled to strike down a Worth County Public
Health Ordinance, which would have put limits on factory farm air and water
pollution. The Court sided with the Iowa Farm Bureau and other "Worth County
Friends of Agriculture," ruling that state law pre-empts county control of
livestock operations. Sierra Club, Iowa Farmer's Union, and the Worth County
Concerned Citizens had filed a joint amicus brief in support of the
ordinance, and held a joint press conference yesterday to respond to the
ruling.
Local Fox news, the AP, Cedar Rapids Gazette, Lee Newspapers, KUNI radio
(NPR affiliate) and WHO radio (clearchannel) covered the press event. Here's
some of today's print coverage - articles have run in the Des Moines
Register, Iowa Farmer Today, Mason City Globe Gazette, and the Quad City
Times so far. Today, KIMT TV in Worth County is doing a story at James
Berge's farm. He and Chris Petersen are both farmers in/near Worth County,
and are both Sierrans.



Iowa Supreme Court rejects county limits for livestock
David Pitt
Associated Press Writer

DES MOINES, Iowa (AP) _ The Iowa Supreme Court on Wednesday rejected a
county ordinance that limited air and water pollution from livestock manure
at confinement operations, finding it unenforceable and pre-empted by state
law.
The Worth County Board of Supervisors approved the ``Rural Health and Family
Farm Protection Ordinance'' in 2001, citing concerns about the effects such
large quantities of manure have on the environment, the health of workers
and the quality of life in the area.
The ordinance set standards for carbon dioxide, hydrogen sulfide, carbon
monoxide and ammonia emissions _ gases which are given off by manure and are
blamed by some neighbors of livestock confinements for lung irritation,
headaches and other health complaints.
The ordinance also required livestock operators to install underground water
monitoring wells to test for contaminants from manure runoff.
Worth County was the first of several counties to try and resolve disputes
between factory farms and their rural neighbors by placing restrictions on
farm pollution.
Four other counties _ Pocohontas, Floyd, Palo Alto and Cerro Gordo _ adopted
health ordinances based on the Worth County policy. Adair County was in the
process of drafting an ordinance when the court voided the local law.
A month after the ordinance was approved, a group called ``Friends of
Agriculture,'' along with the Iowa Farm Bureau, and other residents sought
an injunction to stop the ordinance, claiming it was illegal.
A state court found the ordinance void because it was pre-empted by state
law. In its appeal, the county said the ordinance did not conflict with
state law because it did not seek to regulate construction of livestock
confinements.
The high court disagreed.
``While Worth County promotes its ordinance as a health measure, its plain
effect is to regulate activities that are part of a livestock confinement
operation,'' the court said.
The court also concluded that the Legislature had specifically retained the
right to regulate livestock confinements, defeating the county's argument
that local governments had the right to govern their own affairs under a
state home-rule law.
Opponents of the county ordinance said the court's ruling is a victory for
all farmers because it means all will be regulated consistently.
``The ruling maintains equal opportunity for all livestock farmers. It will
help farm families remain active on the land and viable in their
communities,'' said Aaron Putze, Iowa Farm Bureau spokesman.
Environmental groups which had supported the ordinance said loss of local
control over farms means Iowans will be exposed to dangerous air and water
pollution.
``Today's decision was a setback for Iowa's rural communities trying to
fight back against health-threatening factory farm air and water
pollution,'' said Chris Peterson, a Clear Lake hog farmer and president of
the Iowa Farmers Union.
Worth County farmer James Berge said he has lost confidence in the ability
of the Legislature and federal officials to safely regulate farm pollution.
``We continue to believe it is the duty and the constitutional right of
counties to ensure that factory farms do not harm the health of nearby
residents,'' he said. ``We can't let corporate greed take away the rights to
a healthy community.''
Senate Majority Leader Stewart Iverson, R-Dows, said the court ruling will
prevent each county from enacting its own set of rules.
``I think it's vitally important that we have uniform laws across the state
of Iowa,'' Iverson said. ``The Supreme Court upholding the lower court
decision keeps that in place.''
The Supreme Court ruling likely ends the legal battle.
Since the ruling was based on state laws, it cannot be appealed to a federal
court, said Iowa Farm Bureau attorney Christina Gruenhagen.
``This is probably the end of this litigation,'' she said.
The Worth County Board of Supervisors does not plan to pursue another local
ordinance, said Ken Abrams, its chairman.
``Let the state do it,'' he said.
http://www.iowafarmer.com/04/0410news/supco.htm


Court rules against counties regulating livestock lots
By Todd Dorman
.DES MOINES - The Iowa Supreme Court ruled Wednesday that counties do not
have legal authority to regulate livestock confinement facilities through
public health ordinances, deciding a three-year dispute closely watched by
farm groups and environmentalists.
.The ruling in a Worth County case dealt a blow to activists who see
confinements as an environmental threat and who hoped the court would clear
the way for “local control” of such facilities.
.But it was a victory for livestock industry allies, who feared a “patchwork
’’ of different county rules they argued would hurt farmers and Iowa’s
economy.
.The court overturned a county ordinance that sought to apply a series of
air and water quality standards to confinement feeding operations. The
ruling affirmed an earlier district court decision.
“The ruling restores certainty in Worth County and across Iowa that
livestock farmers, regardless of where they live, will be regulated fairly
and consistently,” said Aaron Putze, spokesman for the Iowa Farm Bureau,
which had asked the court to toss aside the ordinance.
.James Berge, a Kensett farmer who supported the ordinance, said local
control advocates now would take their fight to the ballot box in
legislative races. He blamed lawmakers for taking regulatory power away from
local officials and their hometown constituents.
.“We need local control on these issues,” he said. “(Lawmakers) don’t seem
to be concerned that people want protection from large-scale confinement
systems.”
.The Supreme Court ruled that Worth County officials overstepped their
authority by approving the Worth County Rural Health and Family Farm
Protection Ordinance in 2001. The ordinance included standards for outdoor
air pollutants, indoor air quality and water quality monitoring that applied
to livestock confinements.
.While acknowledging a “difficult debate” over confinement farming in Iowa,
justices ruled the ordinance violated a state law prohibiting counties from
regulating livestock operations.
.In the court’s opinion, Justice Mark Cady wrote that the “thoughtful”
ordinance was aimed at “legitimate” concerns. But the court found that
counties cannot approve ordinances that are inconsistent with state
legislative actions.
.County officials argued that the ordinance was aimed at public health
concerns and was not intended to regulate farming. Officials argued their
actions fell under “home-rule” powers.
.The Supreme Court disagreed.
.“We conclude the Worth County ordinance is the type of ordinance expressly
preempted by the state statute,’’ Justice Cady wrote in the court’s ruling.
“Our Legislature intended livestock production in Iowa to be governed by
statewide regulation, not local regulation. It has left no room for county
regulation.
.“When the county ordinance is stripped of its health label, it is clearly
exposed as an ordinance that regulates the manner and operation of livestock
production.”
.Six local residents, calling themselves Worth County Friends of Agriculture
and the Worth County Farm Bureau challenged the ordinance. The Iowa Farm
Bureau Federation, Iowa Pork Producers and several other commodity groups
also weighed in against the county.
.The Sierra Club, Iowa Farmers Union and Worth County Concerned Citizens, a
group of local residents, asked the court to uphold the ordinance.
.Wednesday’s ruling marked the second time in two years that the court, in a
high-profile case, limited the authority of local governments to regulate
public health. Last year, the Supreme Court tossed out a public smoking ban
in Ames, ruling that the ordinance went beyond smoking limits spelled out in
state law.

http://www.qctimes.com/internal.php?story_id=1036692&t=Iowa+%2F+Illinois&c=2
4,1036692


Tarah Heinzen
Sierra Club Conservation Organizer
3839 Merle Hay Road, Suite 280
Des Moines, IA 50310
(515) 251-3995
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