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Archive for April, 2006

Legal Issue, but not Local

Thursday, April 27th, 2006

My sister, Cathy Kemp, has a Ph.D. in philosophy (she also has a JD, but does not practice) and teaches philosophy, currently at Penn State. She and her husband migrated from Denver to central PA when Penn State offered her husband (Mitchell) the chair of its philosophy department, and offered Cathy a tenure track position as well.

Seemed to be a great move, after leading a successful department at the University of Colorado at Denver, this was a step up for Mitchell. But then Mitchell noticed that some of the philosophy graduate students were experiencing rough treatment by some of the senior members of the faculty. The treatment seemed to be focused on minority and female students, so Mitchell followed the recommended course of action, and turned the issue over to the campus office of affirmative action. 11 days later, Mitchell was demoted from the chair position.

He went through the EEOC, and last fall filed a lawsuit in federal court claiming retaliatory demotion against his employer. Needless to say, working for an employer who you are embroiled in litigation with simultaneously has not been a pleasant experience for Cathy and Mitchell. Seeing as this has been going on for over 2 years now, I wonder how they have held up this long.

Anyway, although the filing of the lawsuit makes this a mater of public record, I have not widely discussed the issue, but the central PA media has finally pick up the story (probably because Penn State’s women’s basketball coach is under fire for discrimination at the moment):

Mitchell Aboulafia, 54, of Harris Township, has said that Susan Welch, dean of the College of the Liberal Arts, and an associate dean illegally demoted him in March 2004. They did so, Aboulafia has claimed in a civil complaint, because he raised and reported sex-discrimination worries in the college.

Aboulafia led the philosophy department from July 2003 until his demotion.

During that period, according to the 23-page complaint, Aboulafia received “numerous, troubling reports” about some faculty members.

The reports alleged that some students, teaching assistants and young faculty members were subjected to discrimination and harassment, according to the complaint. Those reports suggested that the behavior was in violation of federal and state law and university policy, Aboulafia has claimed.

His complaint reads: “… many of the most serious reports involved one particular senior professor, who oversaw the academic work of graduate students in his role as a teacher and dissertation director ….”

That professor is not named in the complaint.

When Aboulafia took the reports to Welch and Ron Filippelli, then the associate dean in the college, the deans did not take “any meaningful action to address these issues,” the complaint reads.

“Instead, both Dean Welch and Associate Dean Filippelli appeared to be more concerned with protecting the department’s senior faculty members who were named in the reports than they were with protecting students, graduate teaching assistants or junior faculty members …,” it reads.

. . . .

Aboulafia declined to comment for this article. In his complaint, lodged in August in federal court, he said that he contacted the university Office of Affirmative Action with his concerns on March 11, 2004.

Ken Lehrman, who heads that office, told Aboulafia “that he had acted properly in contacting” the office, according to the complaint.

Four days later, Aboulafia has said, he received e-mails from Welch and Filippelli. They told him that “such matters should be kept within the college,” according to the complaint.

Lehrman could not be reached Tuesday.

But the university provost office told Welch and Filippelli that their responses to Aboulafia were improper, Aboulafia has claimed.

Then, on March 22, 2004, Welch demoted Aboulafia from his position with little explanation, according to the complaint.

By September, Aboulafia filed a charge with the U.S. Equal Opportunity Commission. The U.S. Department of Justice, in July, granted Aboulafia the right to sue.

Link.

Local Control of CAFO Development Favored

Thursday, April 27th, 2006

Majority Rule: The Carroll County Comet’s weekly web poll was on the issue of local control of CAFO development:
Last Week’s Results: Should the public have an opportunity to have their questions and concerns addressed before the proposed mega dairy, a private enterprise, begins construction? 70%-Yes 30%-No Total responses: 43
Link. Will the majority prevail?

Long Lost CAFO Update

Wednesday, April 26th, 2006
While I survived April 15th, I still remain rather busy. Let’s go over some new CAFO items, just to keep pace:
In Randolph Fayette County, local correspondents are reporting that one of the proposed CAFO’s had its local permit denied by county officials due to water and road use concerns. But have no fear, I’m sure the proponent will try again. Also in In Randolph, 2 new CAFO’s submitted applications to IDEM last week - more on those operations when I find it.
In Marshall County, a neighbor to a new 8,000 head pig CAFO is not giving up the fight, despite the fact that the Marshall County Plan Commission denied his appeal of the issuance of a building permit to Laidig Farmland, LLC. His attorney, Stephen Snyder, says they will appeal the plan commission’s decision at the trial court level:
[Jon] Rettinger, who lives with his family in the 6300 block of East 14th Road, objected to the operation, and had his attorney appeal to the plan commission. Snyder introduced several documents into evidence from various educational and governmental and/or industry related groups outlining Rettinger’s objections.

Each side interprets the zoning ordinance differently, with Rettinger claiming that certain restrictions apply in all zoning districts. The plan commission agreed with [plan director Ralph] Booker’s interpretation that restrictions found applicable in one zone may not be appropriate in another.

Both sides spoke of the possible need to update the ordinance, one of the few items on which both parties agreed.

Link. (South Bend Tribune)

CAFO Debate Heating Up

Saturday, April 15th, 2006

As part of the proposed Rural Indiana Strategy for Excellence (RISE) program, the state hosted an community input session in WInchester, Indiana, the county seat for Randolph County. Remember, Randolph has 6 pending pig CAFO’s:
 
The meeting was attended by about 100 people, the majority of whom made it clear that their vision for the Indiana countryside does not include an influx of industrial-size hog farms, also known as concentrated animal feeding operations (CAFOs).
Link (Star Press)
“These pigs farms are going to destroy what (economy) we’ve still got left,” one member of the audience told facilitators Nancy Kinder, director of Eastern Indiana Development District, and Joe Pearson, staff associate at Purdue University’s Center for Regional Development.

Others in attendance complained that the swine CAFOs “being pushed down our throats” would pollute Randolph County’s air and water and make the county unattractive to new business.

“Your local land-use laws are what can protect you,” Kinder told the crowd. (In an interview after the meeting, Kinder criticized Randolph County’s Area Planning Commission for not addressing concerns about CAFOs raised by the public in recent years. “No planning is bad planning,” Kinder told The Star Press).

Andy Miller, commissioner of the Indiana Department of Agriculture issued a response to the concerned residents:
This administration does not support a moratorium on large livestock farms. Most farmers are good managers and protect the environment.
Over in Jackson County, another location where CAFO’s have been in dispute, those running for county government do not seem to think that local regulations are necessary:
I think as long as we keep the hog operations in the agricultural segment and we don’t put them down on the courthouse square, and as long as we use the good science that is given to us by the universities and the ag engineers, I think they are fine. Then it comes to regulations. We have to make sure they are followed.
Link. the candidates fear that sexually oriented businesses pose more of a threat to their community: “If I’m elected commissioner, I would do everything in my power to make sure those businesses are not in our county.” It seems amazing to me that potential county leaders are more concerned over businesses that cater to interests of consenting adults to be conducted in the privacy of their own homes than a business that proposes to an industrial operation that threatens the water of the community, as well as the well being of its neighbors.
 
I know a few folks that went to Earlham College at the same time I did who now make their homes in rural Randolph County. These are college educated professionals with kids trying to make their homes in what was once a quiet, rural setting. Over the past couple of years, they have been beset with expanding landfills, a confined dairy operation, and now 6 new confined pig operations. As they pull their drinking water from the ground, and breath the air out there, it cannot be long before they seriously question their choice of homesteads. Now they have invested serious capital in real estate that has become significantly less appealing in the eyes of most home buyers.
 
One of these friends recently reported that a friend of his, who had planned to relocate to Randolph County, has now reconsidered, in part due to all of the industrial development in the area. This friend was a doctor. Doctors, teachers, consultants, these are folks with the ability to choose their place of residence. Randolph County’s inability to control the development of its rural landscape (and that is most of the county) will mean that the only folks will remain in the community are those without the option of leaving.

More CAFO Catch up

Friday, April 7th, 2006

Okay, as the piles of paperwork begin to subside so I can actually see my computer monitor again, I see a few things out there that should be noted here in the CAFO arena:
 
First, the Fayette County meeting on the proposed pig farm has been changed. A local correspondent (and potential neighbor of the farm) notes that the meeting is at the City Hall at 500 N. Central, Connersville at 7:00 on April 19th.
 
The Iowa DNR has determined that the shit of Iowa’s pigs doesn’t stink. Specifically, it determined, after a 3 year study, that farm management practices had more to do with odor concerns than farm size. Here is coverage in Brownfields. From the IDNR: Results of the Iowa DNR Animal Feeding Operations Odor Study (PDF) & A Review of The Science and Technology of Odor Measurement (PDF). The Brownfields article notes that complaints about livestock farms to the IDNR dropped from 492 in 2001 to 301 in 2005, attributing the drop to better management practices. I did not check, but I think Iowa was one of those states that adopted the Farm Bureau’s requested legislation that requires people who complain about CAFO’s to identify themselves (which might deter some neighbors) and, if they file multiple complaints, pay for the expenses of the investigation if the complaint cannot be substantiated (which should deter just about anyone from complaining).
 
Of course, odor problems can be in the nose of the beholder, so what about Airborne antibiotic resistant bacteria from a hog factory farm, or Hogging It! Estimates of Antimicrobial Abuse in Livestock.
 
Finally, the Meatrix II is out!

Marijuana Can Slow the Learning Process

Thursday, April 6th, 2006

Whew! Leaving the office for just a couple of days puts me way back on everything: phone calls, paperwork, emails, trackback spam, etc. I just got caught up on developments in all things legal via the always excellent and comprehensive Indiana Law Blog. One thing that came up in the news and  I did not see Marcia cover:
 
News Link Indiana is reporting that a Ball State University student is a plaintiff in a lawsuit filed in the federal district court of South Dakota over the federal law that makes students ineligible for federal student aid, including subsidized loans, if they have a conviction for a drug related offense:
Sophomore Alexis Schwab was denied financial assistance for her junior year, after checking ‘yes’ to a drug conviction on her FAFSA financial aid form. Schwab was accused of possession of marijuana last year
 
The action is being brought by the American Civil Liberties Union, and the article says it challenges the constitutionality of the federal provision The Higher Education Act, specifically, 20 USC 1091). I could not tell what the challenge is based on. The article also notes that the federal provision was written by Indiana’s own Congressman Mark Souder. The law provides for 1 year of ineligibility for the first offense involving possession, 2 years for the second, and indefinite ineligibility for the third. The penalty for the illegal sale of drugs is much stiffer.
 
For more information about this issue see The Coalition for Higher Education Act Reform (CHEAR), which recently issued a report on the extent to which becoming ineligible for federal aid will cause you to loose access to state based financial aid, as well: State-by-State Report on Drug Provision’s Impact on State Financial Aid.

CAFO Gap

Thursday, April 6th, 2006

Well, I take a break to wonder around with my family in the Great Smoky Mountains, but the world keeps spinning, and CAFO’s keep coming:
 
In Randolph County, there are reportedly 6 pig CAFO’s on the way. Muncie’s Star Press quote’s the leader of a CAFO opposition group (and organic farmer):
 
“We’re now facing an onslaught,” Wendy Carpenter, chairwoman of Environmentally Concerned Citizens of Randolph County (ECCRC), told about 150 people who attended a meeting at the county fairgrounds Tuesday night. “We need your help.”
 
The article notes that there have been 3 applications for permits to IDEM for pig CAFO’s in as many weeks in Randolph, and rumor has it that Randolph is aiming to become the number 3 pig producing county in the state:
 
Carroll County ranked first with 232,653 hogs, Clinton County ranked second with 182,716 hogs, and Decatur County ranked third with 154,586 hogs in 2002. Randolph County had 69,440 hogs in the latest census.
The protest group brought in Sue Jarrett, an anti-factory farm rancher from GRACE Factory Farms to talk, but county officials are not motivated to get in the way of this push to hog heaven:
 

Randolph County Commissioner Ron Chalfant, a farmer, told The Star Press in January that county officials decided not to adopt any ordinances to regulate CAFOs because farmers already were saddled with enough state regulations.

“If the county adds to those, it makes it difficult to entice livestock entities,” Chalfant said.

Over in Jackson County, you can take a look and see what happens  Inside a CAFO :

Jackson County hog farmers say they’ve done a poor job of educating the public about changes in agriculture, especially large-scale hog farms.
They hope a recent seminar at the Craig and Denver Klinge farms south of Dudleytown will help correct that and offer a different perspective to the public on confined animal feeding operations.

Not everyone in convinced though:

Opposition to a proposed 8,000-head hog operation northeast of Reddington last summer and fall prompted the discussion. In that case, a special exception granted last October to Talara Lykins of Bartholomew County to operate the hog farm on 10 acres of land has drawn two lawsuits against the Jackson County Board of Zoning Appeals. They remain in litigation.


Those lawsuits address concerns raised by a community group, Families Against (CAFOs) in Reddington, and Jennings Water Utility. Area residents and the utility are concerned about a variety of environmental issues, including a potential threat to area water supplies should the concrete holding pen for thousands of gallons of manure leak or rupture. They’re also concerned about the soil type in the area and other issues.

 

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