The CAFO Rule was a reaction to the growth of large CAFOs in the United States. Of its many provisions, three were important to the Second Circuit’s ruling: first, the CAFO Rule’s requirement that all large CAFOs apply for NPDES permits, based upon an assumption that all large CAFOs have the “potential” to discharge pollutants; second, the requirement that each CAFO develop a “Nutrient Management Plan” to outline the land application methods and rates by which it may apply manure and other waste materials as fertilizer; and, finally, treating land application areas as part of CAFOs, such that discharges from fields are subject to NPDES requirements. These provisions are also incorporated into the Indiana Department of Environmental Management’s NPDES regulations. See 327 IAC 5 and 327 IAC 15.

The Farm Petitioners challenged the CAFO Rule’s requirement that, in essence, “all” CAFOs apply for an NPDES permit. The Second Circuit held that this requirement violated the Clean Water Act, because, “[i]t imposes obligations on all CAFOs regardless of whether or not they have, in fact, added any pollutants to navigable waters.” The court concluded that the Clean Water Act gives the EPA jurisdiction to regulate only actual discharges of pollutants, not potential discharges.

The recent federal court ruling made it unnecessary for a confined animal feeding operation to obtain a federal NPDES wastewater discharge from lagoons that have no discharge. The United State Environmental Protection Agency’s Region 5 does not currently agree with the federal court ruling. As a result, some in agriculture community are proposing that the regulation of state-permitted confined feeding operations be shifted from IDEM to a state entity familiar with and experienced with agriculture operations, leaving IDEM to regulate those feeding operations that did have a discharge and to monitor quality of the stream. Others in the agriculture community favor keeping all feeding operation permits under IDEM and to create a solid understanding of agriculture and biosecurity among the technically-skilled IDEM staff.

The federal government is working under a consent decree with livestock producers to use academic institutions to develop a sound technical basis for improved air quality measures at feedlots.

Dennis Carmichael from the Jackson County office of the Indiana Department of Child Services said the Cooleys should rethink their decision to operate the attraction if for no other reason than Ronald Cooley’s own protection.”Even if he’s turned his life around, he’s got to be a model citizen and not put himself in the position of being accused of touching someone inappropriately”

“We’ve checked things out, and it appears he’s doing nothing illegal,” Jackson County Sheriff Jerry Hounshel said this week. “That doesn’t necessarily make it right.” Hounshel said the situation is a sign that child molesting laws need tightening. He suggested that a change in the law to prohibit registered sex offenders from working or living near businesses that cater to children would make sense.

Prosecutor Stephen Pierson agreed. “It would be better public policy if they (convicted sex offenders) were prohibited or would at least have to notify people that someone at least living at such a property is a registered sex offender,” Pierson said.

About 10 to 20% of the people in northern latitudes in the US have either SAD or subsyndromal SAD. It is well known that the prevalence of these disorders increase with latitude. Recently, we found that those living on the western edge of Eastern Time Zone are significantly more likely to have SAD symptoms than those living on the eastern edge of the time zone. The best explanation of this finding is that the sun is rising much later on the western edge of the time zone compared to the eastern edge and those on the western edge are getting less morning lig

“The purpose of this amendment is to require applicants for ag park zoning to have some sort of comprehensive plan on how they are going to develop the area,” [County Commissioner John] Brooke said. “The language is similar to the requirements of developers of industrial parks.”

Brooke submitted the proposed amendment to the planning commission for a recommendation. He also has authored a proposed zoning ordinance amendment to give the Metropolitan Board of Zoning Appeals authority to site and regulate confined animal feeding operations (CFOs) and concentrated animal feeding operations (CAFOs).

Both amendments, which require approval of county commissioners, were proposed by Brooke in response to concerns raised by opponents of siting the ag park in Shideler. Opponents say the ag park will attract CAFOs, and state officials say livestock should be an integral part of the ag park.

Admittedly, “reproduction cost minus depreciation” is recognized as a method for determining the “just value” or market value of real property, . . . [h]owever, as the State Board admits, its method of “reproduction cost minus depreciation” is designed to secure “true tax value,” which is unrelated to market value. Because this court holds that the “just value” of real property is its market value, the State Board’s method of calculating “true tax value” cannot withstand constitutional attack. [A] method of cost valuation which does not move towards the goal of securing a just valuation of all property cannot withstand constitutional attack.

Town of St.John v. State Bd. of Tax Comm’rs, 665 N.E.2d 965 (Ind.Tax 1996) (citations ommitted). Over the course of the rest of the 1990’s, the Indiana Supreme Court more or less agreed with judge Fisher, and Indiana was forced into a “market value” system for valuation, implemented as of 2003.

Today we have  a report from the Indiana Fiscal Policy Institute on the impact of the new system, which was supposed to bring fairness to the property tax system.  The net results: unfairness and chaos.  From the Star  today: 

Despite a massive overhaul of the state’s property tax system, wide disparities remain in 85 percent of Indiana’s counties between what a home is assessed at and what it actually sold for. . . . The disparities mean the owner of a home that would sell for $100,000 might find his home assessed at $80,000, while the owner of another home with the same sale price might find her home assessed at $120,000 — even in the same county or township, said Steven Johnson, a former state senator who is president of the institute.

The study focuses blame for the continued disparities squarely on the township assessors, advocating for the elimination of the township assessor positions, leaving the assessment function to appointed “professionals” at the county government level.  That is likely to be a very controversial proposal as it would gore a host of oxen.

The Environmental Protection Commission voted 5-1 on Monday to deny the application from Tom and Kelly Doeden, who farm near Sibley.

The Doedens proposed the construction of two hog confinement buildings northeast of Sibley, about four miles south of the Iowa-Minnesota state line, said Iowa Department of Natural Resources attorney Randy Clark.

Their application did not meet minimum state laws because it failed to include a phosphorous index  the manure management plan, the EPC concluded. The phosphorous index is a way to determine how much manure from the confinement buildings can be safely spread onto nearby farm fields as a soil nutrient. Phosphorous measurements were required in legislation passed in 2002.

Henceforth I’ll be focusing on how we can adapt to the fairly drastic changes in our lifestyle that we’ll be experiencing in the next few years. As is my wont, I will attempt to synthesize technical, social, and economic factors and suggest legal and institutional changes that may be warranted. Or just as often, suggest that changes aren’t warranted.

The types of changes I’m talking about are: (1) the end of cheap oil and gas, (2) a decline in the power and influence of the U.S., (3) the ageing of the population, (4) an increasing rate of critical environmental problems, (5) an economy increasingly dominated by the super-rich, and (6) global warming.

While these changes are global, I’ll continue to focus on regional ways to cope. History is replete with periods of resource strain; these were painful times but civilization ultimately marched onward. Those that are able to innovate, not only technologically, but socially as well, are likely to fare best. I’ll try to leave the gloom and doom to others but folks, we need to talk about making some changes.

Okay, let’s get started.

Let’s clear the air. Regardless of cost, industries that are known to cause pollution must invest in adequate pollution controls. Especially in nonattainment counties, no industry should be allowed to expand without local restrictions designed to encourage recycling, prevent pollution and pay for future environmental monitoring costs.

“I recognize that all confined animal feeding operations are obligated to obtain a permit from IDEM (Indiana Department of Environmental Management), but the state regulations do not allow any type of local control as to an appropriate site or interaction with surrounding residents or businesses,” Brooke said in a letter to the city-county planning commission.

. . . .

Delaware County has a dozen CFOs, four of which are CAFOs. Under state law, a CFO is a confined feeding operation that contains at least 300 cattle, 600 swine, or 30,000 fowl. CAFOs are larger confined feeding operations, including those housing at least 700 cows, 2,500 swine, 30,000 ducks, 82,000 chickens, and 55,000 turkeys.

A motion to dismiss an appeal of the Richmond Plan Commission’s rezoning of 33 acres of Hayes Arboretum land will have its first hearing Nov. 10.

Attorneys for three neighbors of the arboretum, for the plan commission and for the arboretum, which has asked to intervene, set the date during a conference call Friday with Wayne Superior Court Judge P. Thomas Snow.

The neighbors, Joyce Thornburg, Lorraine Levin and Richard Pugh, all live on Woodside Drive adjacent to the arboretum. They filed suit against the plan commission for “approval of the rezoning of 33 acres of arboretum land for commercial development.

The next fact to bear in mind as one looks at this case is that Hayes Arboretum is not a public park and never was intended to be. It is private land that the owners have decided to operate for the public good. And so long as they continue to operate it for the public good they will maintain their tax-exempt status from the Internal Revenue Service and people who donate to help the arboretum will receive tax deductions.

But at anytime the operators wish, they could sell the land to others, who might not want to allow the public to have access to it.

The 33 acres in question were once used as a picnic area, and some claim there was informal horse racing there early in the last century. Later, trees were planted and it became more wooded and was fenced in, limiting public access. It never has been an important botanical, educational or recreational part of the arboretum’s programming.

A long legal journey lies ahead for an approved 8,000-hog confined feeding operation in Redding Township, says a Columbus attorney.

Pete King, who represents Jennings Water Inc., said Thursday at least two appeals will be made regarding the Tuesday decision by the Jackson County Board of Zoning Appeals to allow Talara Lykins, Elizabethtown, to build two 400-by-80-foot hog barns on a 10-acre tract of land northeast of Reddington.

The first step in an appeal concerning the issuance of Lykins’ Indiana Department of Environmental Management permit is scheduled for Monday. The pretrial conference will take place before an administrative judge at IDEM’s offices.

“The administration (of Gov. Mitch Daniels) has pledged to make Indiana a global leader in the production of bio-based products,” the chamber said in a position paper. “Our community has the opportunity to position itself at the forefront of this initiative by adoption of the state’s first agricultural bio-enterprise business park.

“The state of Indiana is wanting to do a ‘pilot ag park and AB’ zone somewhere in the state. Delaware County is in the lead to take advantage of this initiative if we act now.”

The BioCrossroads Agriculture Advisory Board has released a report for a statewide ag strategy. The report recommends that Indiana establish a central authority to drive economic development, focus priorities on specific ag clusters and implement cluster-specific strategies. The State of Indiana has adopted the strategies outlined in the BioCrossroads report.