Doug Masson has the latest word on action in the Indiana Legislature:

House Bill 1308 Rep. Cheatham. Local review of confined feeding operations. Allows the department of environmental management to approve the construction after May 10, 2007, of a confined feeding operation only if the construction has been approved by the local health department and the local zoning authority. Establishes the procedure for local approval, including an appeal to the county executive of an approval or denial.

Passed 56 to 41.

One of the larger parts of my practice is divorce work. I don’t talk about it much - there’s is not much to say that people really want to hear - it is sort of a downer from most folks’ perspectives.

However, divorce is a very common event, and it’s the one thing that gets most folks into the judicial system. Most folks I encounter in this field are not at all prepared for what I divorce entails. I took notice recently when Al Nye, the lawyer guy recently cut loose his One Dozen Things to Consider Before Filing for Divorce. His tips are practical, but very much to the point:

So what have I learned after being a lawyer for nearly 30 years and helping many folks go through this difficult process?

1. Don’t do it. . . .
2. Get a lawyer. . . .
3. Kids First. . . . Children suffer the most during a divorce so it’s important that their routines be changed as little as possible. Get or keep involved in their everyday activities. Don’t say anything negative about your spouse in front of them. Don’t take out the anger and frustration you may feel toward your spouse out on your children. Make them your top priority. Give your children all the love, attention, emotional and financial support you can during this stressful time.
4. Copy Important Financial Documents. . . .
5. Find out what you own. . . .
6. Find out what you owe. . . .
7. Determine your spouse’s income. . . .
8. Figure out what happens when you move out. . . .
9. Divide up bank accounts. . . .
10. Know what you can earn. . . .
11. Take a look at your credit history. . . .
12. Save, save, save. . . .

Get your tickets now! State Department of Agriculture head, Andy Miller, is coming to Wayne County on March 6th to address the annual Rural Urban banquet. Pork Chop Charley will be catering the meal with Lowell Conley providing the music.

Link.

The Pal-Item reported on action in the Indiana House of Representatives yesterday on the CAFO bill:

State representatives Phil Pflum and Tom Saunders accepted amendments to help their bill regulating confined animal feeding operations move from the Indiana House Agriculture and Rural Development Committee on Tuesday to the House floor. Even so, the bill’s approval followed party lines, with seven Democrats in favor and five Republicans opposed.

Link. I guess I should have known that this would be a Dems vs Reps issue at the state house. That strikes me a s funny because out here in the sticks, people’s opposition to CAFO’s tends to be more related to their distance from a CAFO than their political leanings. . . .

The amendments seem to be pretty significant:

Pflum’s bill, which originally required a two-mile setback for CAFOS from schools, cities and towns, was amended to reduce the setback to within one mile of schools, health care facilities and licensed childcare centers. Testimony from the Department of Agriculture against the two-mile limit and its impact on the growing pork industry led Pflum to accept the shorter distance, he said. “This is as far as I’m going to go,” Pflum said of the amendments to the bill. “This is what I’ll present on third reading to the House and let the chips fall where they will. We have a chance to do the right thing here.”

In Carroll County, the local paper is reporting about an IDEM informational session that occurred last Wednesday:

IDEM is currently reviewing an individual permit application from Boerman Carroll Dairy, LLC, for approval to build and operate a concentrated animal feeding operation (CAFO) for 4,100 dairy cows near the intersection of SR 75 and CR 600 South. Dennis Lassiter, a technical review specialist for IDEM, explained that in 2003, Indiana adopted all of the standards of the Environmental Protection Agency. “Some of our rules are even more stringent than EPA rules,” he said.

He explained that these rules are to prevent regulated farms from polluting surface and ground water by regulating manure storage, land application, storm water runoff, and soil erosion. Lassiter said that CAFOs are not allowed to treat wastewater and there is a zero discharge limitation imposed on them.

Link.

What I found interesting about the account was the apparent increase in IDEM’s review activities:

Questions about wetlands and groundwater were addressed by Hamid Masgood of IDEM’s geology department. Wetlands are considered waters of the state. Masgood said they have reviewed the site and there are no wetlands within 300 feet of the proposed facility. He also said they have tested wells within a one to two mile radius of the site and found that it is a fairly deep, protected aquifer. He said it was unlikely that wells would go dry.

I do not remember IDEM testing wells and searching for wetlands in previous approvals. But at least the results have not changed:

A question was posed as to how many submitted permits to IDEM have been denied. Lassiter said that in recent years he could only think of one and that applicant refused to address deficiencies in his application. Applicants are given the chance to correct deficiencies in their application and resubmit them for approval, as many times as it takes to get the permit correct.

Some new views:

A public hearing on the possible public health, environmental, rural community, and animal health impacts of concentrated animal feeding operations (CAFOs) sponsored by the National Commission on Industrial Farm Animal Production (NCIFAP) will be held Tuesday, February 13th at the Inn at Carnall Hall on the University of Arkansas, Fayetteville campus.
Public hearings are one component of the Commission’s 2-year examination of the food animal production model commonly known as intensive or confined animal feeding operations, where hundreds– and often times thousands– of animals are raised in one location. Many issues the NCIFAP is addressing include but are not limited t zoonotic diseases, such as avian influenza, Salmonella, and E. coli; manure and waste disposal systems; chicken litter; air and water pollution concerns; and the use of chicken feed supplemented with arsenic-based growth promoters

Link.

about 35 people showed up this morning to talk CAFO’s with Rep. Phil Pflum (I was not available). Pflum talked about his proposed 3 year moratorium and focused on the local control aspects. Talk it up at the Pal-Item:

Link

Legislative Review Session is to be held this Friday beginning at 9:00 AM at the Richmond Community Schools Administrative building. THis session is sponsored by the Wayne County Chamber of Commerce and open to the public.Senator Allen Paul and Representatives Pflum and Knowlton are expected to be there to discuss legislative issues and answer questions.

Hearings going on over CAFO’s. Check the extensive coverage at the Muncie Free Press. but also note the following in Hoosier Ag*:

Two separate hearings in the past two weeks have focused on Confined Animal Feeding Operations (CAFOs). Last week a 3 hour hearing was held before the State Senate Environmental Committee and this week one was held before the House Agriculture Committee. On Tuesday a hearing was held on legislation co-authored by Rep. Phillip Pflum, the panel‘s chairman, that would prohibit large livestock farms within 2 miles of schools, cities and towns. Pflum, D-Milton, said his legislation is a “compromise bill” that aims to address rural residents‘ concerns about the farms‘ odors, dust, and manure runoff while still permitting the continued growth of the state‘s livestock industry. “It‘s a bill I think we may be able to get passed. Would I like to go further than this, personally, yes. But this whole process is a compromise,” he said after Tuesday‘s hearing.

More than a dozen witnesses testified including Director of the Indiana State Department of Agriculture Andy Miller. , He said the agency opposes Pflum‘s bill, calling it a threat to the state‘s billion-dollar livestock industry. He said Indiana‘s hog and dairy industries grew 8 percent to 10 percent last year in response to consumers‘ growing demand for pork and milk products. He noted the state‘s livestock farms take great steps to protect the environment from damage from the animal waste the farms generate. “Today‘s animal agriculture is the safest for the environment and the most heavily regulated in history,” he said. “Modern agriculture operates with the utmost care of our state‘s resources.”

Link.

The Fort Wayne News-Sentinel has some opinions on the competing bills in the Indiana Legislature regarding CAFO’s:

Few say there aren’t problems attending these farms, including strong odors, noise, traffic, dust and a much greater risk of environmental contamination. But they provide good livings and, in some cases, a significant number of jobs.

Link.

*Whoops: Substantial edit due to incorrect injection of legislative info from another state (Idaho). Sorry for the mistake.