CHALLENGE TO CAFO MASTER MATRIX Administrative Rules Review Committee meeting will be Friday, Feb 21 at 8:45 AM. at the Capitol. Letter-to-the-editor from Elizabeth Horton-Plasket Dear editor, We all know that neighbors have no say about where large confined animal feeding operations (CAFOs) are built in their communities. The lack of statewide zoning, the passage of a law exempting CAFOs from nuisance suits, the passage of a law that prohibits counties from determining where CAFOs can be built - all prevent communities from having any say about where these facilities locate. Last year a livestock law was passed by the legislature that included a minimal attempt at addressing the social problems caused by the lack of local control over where these facilities can be built. The provision in the livestock law, known as the "master matrix," was developed to give county boards of supervisors input, but not control over, where CAFOs can be built. Using the master matrix as a county level decision making tool for siting CAFOs does not completely satisfy commodity groups, community groups or environmental groups. This is a clear indication that the master matrix is probably a decent compromise between the stakeholder groups. The master matrix was developed in a consensus building process, put through the Department of Natural Resources (DNR) rulemaking process, reviewed by the Attorney General's office, received extensive public comment, and was voted on by the Environmental Protection Commission. Now, at the eleventh hour, a little more than a week before the law takes effect, some members of the joint Administrative Rules Committee are considering filing a formal objection to the master matrix. The objection is that "the master matrix violates the laws' intent." What this means is if the master matrix is challenged in court, the objection strips away the presumption of validity that is normally accorded administrative rules, and forces the DNR to prove the legality of the master matrix. In essence the legislators objecting to the master matrix intend to put this public policy solution into the courts, rather than the public arena where the issue belongs, and destroy a tool that is a compromise between stakeholders. The Federal Mediation Service facilitated a consensus process with stakeholder groups listed in the livestock law to come together and develop the master matrix. The groups at the table were the Iowa Farm Bureau Federation, Iowa Farmer's Union, the Iowa Poultry Association, the Iowa Pork Producers Association, Iowa State Association of Counties, the Iowa Environmental Council, the Department of Agriculture and Land Stewardship, the Department of Natural Resources, the University of Iowa and Iowa State University. For the Iowa legislature [Administrative Rules Review Committee] to consider scrapping the master matrix before it is allowed to work moves Iowa backward in policymaking relative to other states, serves to push us back into conventional methods of resolving the social conflicts surrounding construction of CAFOs, perpetuates those conflicts rather than addressing the problem, and disunites the valuable but fragile relationships that were built between stakeholders during the process. Why would our legislators want to keep the arguments going, keep tensions high, and not allow the master matrix to work? Elizabeth Horton Plasket Executive Director Iowa Environmental Council 711 East Locust Street Des Moines, Iowa 50309 515-244-1194 [log in to unmask] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - To get off the IOWA-TOPICS list, send any message to: [log in to unmask]