2001 EPEC CAMPAIGN HIGHLIGHTS

§ Exposed the Failure of Dept. of Agriculture to Effectively Regulate Animal Feeding Operations. We held the Dept of Agriculture publicly accountable for not fulfilling their statutory duties to control animal waste and animal factories. We kept up a stream of correspondence and postcards to the Governor’s office asking for better enforcement. We held a news conference at the Capitol, which included J.Hale, Scott Dye, Keith Smith as spokespersons in which we unveiled damaging information about the Department of Agriculture’s failures to act in specific cases. I drafted a letter to the Oklahoma Attorney General incorporating that information and legal arguments why they take action against the Department for failing to perform statutory duties. The event had extensive media coverage including television and newspapers. The ODA’s Director admitted in public that CAFOs were a problem and he supported family farmers. ODA’s Director later made better attempts to identify and address Sierra Club’s concerns, solicit our involvement in rulemaking, and the ODA Director even asked permission to meet with the Chapter Executive Committee. The ODA also requested that EPA intervene by calling management staff at Sierra Club headquarters in order to get us off their back, a sure sign that we hit a nerve.

§ Factory Pig Farms.- Exposed Data Showing Groundwater Pollution by Nitrates We helped uncover and publicly disclose that there is widespread contamination of groundwater by nitrates associated with swine farms in the state. Nitrates in drinking water pose a health threat including blue baby syndrome. The data we based the allegations on were new sampling results from monitoring done by CAFOs, which was being “hidden” in the depths of the ODA’s files. Additional sampling to verify contamination and determine sources was begun by ODA under contract with USGS. The EPA came in to take enforcement action regarding at least one of the facilities - one well was being used by a pregnant woman as a drinking water supply.

§ Chicken Litter Problems - Exposed Department and Poultry Operators’ Failure to Obey Law Requiring Animal Waste Management Plans (AWMPs). Data was collected from ODA files that showed that a recent legal requirement for AWMPs was not being enforced – that few poultry operators had such plans even in the watershed of Lake Eucha, Tulsa’s Water Supply which has been shown to be polluted from chicken litter and excess nutrients. Media was provided with packets including a press release and copies of pertinent information showing noncompliance. ODA responded in the newspaper by trying to defend and dispute our allegations, other LTEs published as well.

We also repeated the message that integrators must be held liable for the poultry waste generated by the smaller growers and worked on related legislation and monitored new EPA CAFO regulations that would hold integrators responsible and also cover dry litter operations.. After an Attorney General’s opinion came out giving credence to a theory that integrators can be responsible under agency/employment law, the City of Tulsa sued several major poultry produces such as Tysons, Simmons for pollution of their water supply. The Club is considering whether to intervene in that suit or take other action.

§ Kept the Heat on Seaboard and other AFOs

o Dorman case - Oklahoma Sierrans acted as witnesses, provided essential evidence and testimony in the Seaboard “Dorman” facility litigation filed in federal district court. There were significant victories during preliminary motions- the court held that we met standing requirements by being users of a wildlife refuge near the swine facility and property owners, and held that in this case groundwater has a sufficient hydrologic connection with surface water to be covered under Clean Water Act. Dorman and other CAFO facilities were also forced to report toxic releases of ammonia and hydrogen sulfide. Litigation still pending

o Wakefield case - We also participated in Seaboard Wakefield case by coordinating with amicus curiae Foundation for Family Farms and Oklahoma Wildlife Federation. Court ruled Water Board member biased and remanded. Case now settled by Attorney General and others with significant number of conditions placed on new facilities being built.

o Licensing hearings - We convinced the Board of Agriculture to exclude some highly erodible land from approved lands for application of swine wastewater

§ Other litigation - Groundwater pollution and water permits - The Oklahoma Supreme Court issued an opinion consistent with the argument made by the Club and others, that the Water Board had to consider waste by pollution in issuing CAFO water permits. We asked the Board to revisit permits previously issued to swine farms without a hearing on pollution.

§ Pig Odor controls - After much public outcry, which Sierra Club helped to generate, the Oklahoma Department of Agriculture promulgated new, more stringent odor abatement rules (and even solicited our involvement in hearings on the rules). (Farm Bureau sued ODA , challenging authority for rules. Preliminary ruling by District Court that ODA overstepped their authority)

§ Public Speaking – we created and gave a PowerPoint Presentation on CAFOs to members of the Oklahoma Bar Association, and gave presentation on public participation in government at Environmental Education Expo.

§ Other Water Quality Issues

o Scenic Rivers – successfully worked to keep Scenic Rivers Commission from voting to approve resolution favoring receipt of sewage from Arkansas

o Water Quality Standards revisions – participated in Water Board meetings and hearings, organized coalition in support of numeric Phosphorus standard

o Kiamichi River - filed application with American Rivers nominating it as one of 10 most endangered rivers in U.S.

o Southern Oklahoma Streams – Toured several stream systems in southern Oklahoma and documented threats such as clearing, animal waste and proposed dams. Collected other information, started databank

§ Major Visibility Outreach Events

o Earth Day – Stop Drilling in Artic National Wildlife Refuge - Spring events involving Earth Day were very successful with a large number of volunteers involved. We participated in several tabling events across the state. Our messages were 2: clean water and save the Arctic NWR from drilling

o Clean Water Rally at EPA TMDL Meeting -The fall event in Oklahoma was centered on an EPA “Listening Session” about Total Maximum Daily Loads (TMDLs) proposed regulations and revisions of EPA Guidelines for states’ 305 b Reports about which waters in the state are polluted. Coalition partners spoke at the rally, which was attended by over 100 people- Family Farm Alliance, Save the Illinois River, Citizen Action for a Safe Environment and Oklahoma wildlife Federation. EPA’s Oklahoma meeting had the higher attendance than any of the others they held across the U.S. Before the EPA meeting, about 5,000 postcards and flyers demanding clean water and TMDLs for our polluted streams were mailed. Volunteers participated in training events about TMDLs, 3 phone banks, a ‘dorm storm’, at least 3 tabling events (Sustainability Conference, Illinois Riverfest, Critical Mass event), one to two evenings of door to door efforts to get postcards signed by students at OU, a presentation to over 150 participants in Becoming an Outdoor Woman, and other events. About 1500 postcards were delivered by volunteers to EPA officials at the OKC meeting. EPA then asked to hold a special, separate meeting with Club representatives to address our issues.

C-4 funded time, and/or under separate contract with Chapter:

o Rep. Brad Carson - We established a working relationship with Rep Brad Carson and his staff We raised awareness in Oklahoma about the Arctic NWR, and worked to get a significant number of postcards related to protecting the Arctic NWR and Water Quality signed during earth day events. These were presented to the Governor and to Brad Carson.

o Legislation - Defeated a bad credible data bill and CAFO bill that relaxed setback regulations, with veto of the Governor! Kept Club’s position visible on other key environmental bills, e.g., the Fair Trade Practices bill for poultry growers, integrator liability issues

§ Coalition Buidling. We identified, recruited and formed a working relationship with the sponsors of the Becoming An Outdoor Woman program at OSU. We established a relationship with Common Cause, Southern Oklahoma Water Alliance and a related Texas group opposing various dams and proposals which would adversely affect water quality. Volunteers fostered and maintained a relationship with the Critical Mass organization which shares our goals relating to improved mass transportation.

§ Media This year we used a clipping service which insured that we got copies of all articles. We met our successfully met our goal of one media hit per week, or got LTEs published or pitched stories to media representativesl. We got editorials even in some small town papers on the TMDL issue. Volunteers met with editiorial boards and our relationships with media improved overall.

§ Other Visibility/Volunteer efforts Volunteers attended board meetings, rulemaking hearings, committee meetings and permit hearings at the following agencies or entities: Oklahoma Water Resources Board, Department of Agriculture, Board of Agriculture,, Oklahoma Water Quality Monitoring Council, the City of Tulsa, the Tri-state Poultry Committee; the Nonpoint Source Working Group; Governor’s water Conference; the EPA), worked on Corps of Engineers 404 permits, fought logging proposals at Lake Atoka

§ National Issues - Groups were involved in energy issues (new power plants, CAFÉ standards ) We worked part time on Energy Issues, the Artic National Wildlife Refuge and Farm Bill issues.

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2001 EPEC CAMPAIGN

Message/Slogan Factory Farms, pollution and unwise water projects threaten Oklahoma’s heritage of Clean Water, family farms and healthy living.

Clean Water - Oklahoma’s Legacy

Story Oklahoma streams and lakes are endangered. Family farming as an Oklahoma/American way of life is under siege and threatened with extinction, in large part due to the rise in corporate factory farms. In some parts of the state, swine factory farms convert thousands of gallons of fresh water into highly concentrated wastewater loaded with bacteria, ammonia and harmful pollutants. In other areas, big poultry integrators like Tyson have all the power and make all the profit, but refuse to take any of the responsibility for proper waste disposal. In the south part of Oklahoma, our streams are endangered not only by these factory farms but also by ill-conceived, profit motivated plans promoted by our own Governor and state agencies who are supposed to be protecting water quality.

The villains in this picture are the irresponsible corporations squeezing life out of our streams and factory farms, and state/federal agencies that refuse to enforce the law and do their jobs.

If enough people tell government managers and elected officials that Oklahomans want to preserve our way of life, we can reverse this trend, promote responsible family farming and improve water quality. Our streams and good water quality are important to all of us, to our families and to a healthy economy. We can preserve our streams and protect water quality at the same time we grow, without get rich quick, polluting practices. We can help Oklahoma family farmers, preserve prime farmland and help protect our water resources at the same time. We must insist that everyone comply with water quality standards, the law be enforced and our agencies quit making exceptions.

More info, including info on EPEC campaigns in other states can be found here.