Editor’s note: None of the events are being organized by DGR. We stand in solidarity and encourage our readers to get involved in these if possible.
Kangaroo: A love-hate story (Film Screening)
Kangaroo reveals Australia’s relationship with its beloved icon, uncovering disturbing scenes behind the largest mass destruction of wildlife in the world. Using investigative techniques such as interviews, citizen footage, and research, Kangaroo: A Love-Hate Story shows how the kangaroo meat industry and the Australian government put profits ahead of animal welfare, native species protection and the environment. In addition, farmers who are guided by misinformation and profit take whatever steps they deem necessary to eradicate the species.
A free community screening presented by Woolgoolga Regional Community Gardens and Kangaroo Advocate Yurpia McCafferty, at 6pm (AEST) Tuesday 7th March, on 79 Scarborough St, Woolgoolga. You can find out more about the event here.
Violence Against Rural Indigenous Women: Brazil, Guatemala, Peru, and the United States
Throughout the Western Hemisphere, indigenous women and girls suffer extreme and disparate levels of gender-based violence. For those living in rural and remote communities on their own indigenous lands, these problems are even more pronounced. Our event will feature a panel of indigenous women from Brazil, Guatemala, Peru, and the United States, who will discuss how violations of indigenous peoples’ land rights and right to self-government expose their women and girls to racial discrimination, gender-based violence, and other human rights violations and how living in rural communities intensifies these problems.
The webinar will happen on March 8, 2023 at 1:00 p.m. – 3:00 p.m. (EST).
Black Summer Vigil
This online and offline event is being organized in the three-year anniversary memorial for the three billion animals who died in the Australian bush fires. The event will bring together stories from first responders across wildlife rescue, rural fire service, photojournalism, Aboriginal custodianship, veterinary medicine, ecology, and more. Speakers include:
Greg Mullins, Former Commissioner, Fire and Rescue NSW; Climate Councillor and founder, Emergency Leaders for Climate Action. Greg warned Australia’s then–Prime Minister in April 2019 that a bushfire catastrophe was coming. He pleaded for support and was ignored, then risked his life dealing with the ramifications on the ground.
Internationally recognised ecologist and WWF board member, Professor Christopher Dickman oversaw the work calculating the animal deaths from Black Summer. A Fellow of the Australian Academy of Science, Professor Dickman already wore the heavy task of being an ecologist during the sixth mass extinction, in the country that has the worst rate of mammalian extinction in the world. On 8 January 2020 media around the world shared his finding that Black Summer fires had killed one billion animals. Sadly, the fires continued for two more months, and his team’s final count was three billion. This does not include invertebrates: it is estimated 240 trillion beetles, moths, spiders, yabbies and other invertebrates died in the fires.
Coming up from the South Coast, owner of Wild2Free Kangaroo Sanctuary Rae Harvey, as seen in The Bond and The Fire. She is in the sad position of having personally known and cared for a number of Black Summer’s victims: many of the orphaned joeys she cared for were killed in the fires. (She nearly died herself too.) For three years, she has been unable to even speak their names. Now, for the first time, she will tell the story of the joeys she lost.
Cultural burning practitioner and Southern NSW Regional Coordinator with Firesticks Alliance, Djiringanj-Yuin Custodian Dan Morgan. Dan practises using Aboriginal knowledge to heal Country. He has worked for 18 years with the NSW National Parks & Wildlife Service and is on the board of management for the Biamanga National Park, a sacred area home to the last surviving koalas on the NSW south coast – which was partly destroyed by the fires of Black Summer.
Head of Programs & Disaster Response at Humane Society International (HSI) Evan Quartermain, who was one of the first responders on Kangaroo Island where nearly 40% of the island burnt at high severity.
The physical event will happen in Camperdown Memorial Rest Park (Sydney) at 2pm Sunday 2 April 2023 (AEST). You can also attend it online. You can find more information here.
Editor’s note: The Thacker Pass lithium mine project reflects more than one injustices in the world: greenwashing mines, denying U.S. atrocities against indigenous tribes, grabbing indigenous land against their will, ecocide. This article highlights some of these injustices.
A coalition of conservation groups on Tuesday joined Native American tribes in launching legal challenges to a proposed lithium mine in northern Nevada that critics say was “illegally approved” and will “irreparably damage” the delicate desert ecosystem and land where Indigenous peoples are seeking federal historical recognition of a genocidal massacre perpetrated by U.S. colonizers.
Members of the Western Watersheds Project filed an emergency motion in federal court Tuesday seeking an injunction against the Thacker Pass Lithium Mine in Humboldt County pending action by the 9th U.S. Circuit Court of Appeals to ensure the project—which would tap into the largest known source of lithium in the United States and was approved during the final days of the Trump administration—complies with federal law.
“This mine should not be allowed to destroy public land unless and until the 9th Circuit has determined whether it was legally approved,” Western Watersheds Project staff attorney Talasi Brooks said in a statement announcing the filing.
“There’s no evidence that Lithium Nevada will be able to establish valid mining claims to lands it plans to bury in waste rock and tailings, but the damage will be done regardless,” Brooks added, referring to the subsidiary of Canada-based Lithium Americas that is seeking to build the mine. Lithium is a key component of electric vehicle batteries, cellphones, and laptops.
The emergency motion follows a lawsuit filed last week by the Reno-Sparks Indian Colony, Burns Paiute Tribe, and Summit Lake Paiute Tribe in response to U.S. District Judge Miranda Du’s earlier ruling that largely favored Lithium Americas and rejected opponents’ claims that the project would cause “unnecessary and undue degradation” to the environment and wildlife.
Opponents, including the Reno Sparks Indian Colony, promise to continue fight to stop the mine.https://t.co/dLMIGM4puo
“When the decision was made public on the previous lawsuit last week, we said we would continue to advocate for our sacred site PeeHee Mu’Huh. A place where prior to colonization, all our Paiute and Shoshone ancestors lived for countless generations,” Arlan Melendez, chairman of the Reno-Sparks Indian Colony, said in a statement.
“It’s a place where all Paiute and Shoshone people continue to pray, gather medicines and food, honor our nonhuman relatives, honor our water, honor our way of life, honor our ancestors,” Melendez added.
All three tribes call Thacker Pass PeeHee Mu’Huh, which means “rotten moon”—a name given to honor the dozens and perhaps scores of Northern Paiute men, women, and children who were massacred by Nevada Cavalry on September 12, 1865.
Daylight was just breaking when we came in sight of the Indian camp. All were asleep. We unslung our carbines, loosened our six-shooters, and started into that camp of savages at a gallop, shooting through their wickiups as we came. In a second, sleepy-eyed squaws and bucks and little children were darting about, dazed with the sudden onslaught, but they were shot before they came to their waking senses…
We dismounted to make a closer examination. In one wickiup we found two little papooses still alive. One soldier said, “Make a cleanup. Nits make lice.”
The three tribes assert that all of Thacker Pass should be listed on the National Register of Historic Places.
Nevada tribes are seeking to add Thacker Pass, a culturally-important area slated for a lithium mine, to the National Register of Historic Places. https://t.co/roF71AYC86
“While Americans tend to focus on only the proud moments of American history, the shameful history of genocide perpetrated by the American government against Native Americas is nevertheless a broad pattern running throughout American history,” Michon Eben, the Reno-Sparks Indian Colony’s cultural resource manager, wrote in a 2022 letter to the U.S. Bureau of Land Management (BLM).
Eben added that the tribe “considers the destruction of its traditional cultural properties for another mine another act of genocide in the broad pattern running throughout American history.”
Indigenous advocates argue that victims of the 1865 massacre were never properly buried, that human remains and artifacts are still being discovered in Thacker Pass, and that federal authorities failed to properly consult tribes on the mine project in violation of the National Historic Preservation Act.
“Part of the federal government’s responsibility is to determine if a proposed mining project may adversely affect historic properties. Historic properties include Native American massacre sites,” Eben toldNevada Current. “The BLM failed in its trust responsibility to tribes and now our ancestors’ final resting place is currently being destroyed at PeeHee Mu’huh.”
“The BLM failed in its trust responsibility to tribes and now our ancestors’ final resting place is currently being destroyed.”
Will Falk, attorney for the Reno-Sparks Indian Colony and co-founder of Protect Thacker Pass—which set up a protest camp on the site of the proposed mine—accused BLM officials of lying about the massacre site being located outside the project area.
“The Biden administration and [Interior] Secretary Deb Haaland keep paying lip service to tribal rights and respect for Native Americans,” Falk toldLast Real Indians last year. “Well, now three federally recognized tribes are saying that BLM Winnemucca did not respect tribal rights. It’s time that BLM halts this project so the tribes can be heard.”
Tim Crowley, vice president of government affairs and community relations for Lithium Nevada, argued in a statement that “since we began this project more than a decade ago, we have been committed to doing things right,” and that Du’s ruling “definitively supported the BLM’s consultation process, and we are confident the ruling will be upheld.”
While global demand for lithium is surging, extraction of the metal can have devastating consequences, including destruction of lands and ecosystems and water contamination.
“Global warming is a serious problem and we cannot continue burning fossil fuels, but destroying mountains for lithium is just as bad as destroying mountains for coal,” contends Max Wilbert of Protect Thacker Pass. “You can’t blow up a mountain and call it green.”
Please donate to support the case and fund legal costs!
Late yesterday, three Native American Tribes — the Reno-Sparks Indian Colony, Burns Paiute Tribe, and Summit Lake Paiute Tribe — launched a major new lawsuit against the Thacker Pass lithium mine.
Will Falk is representing RSIC and SLPT in this lawsuit, and Protect Thacker Pass is providing media support. Please donate to support the case and fund legal costs!
This new case contains major allegations that were not heard in the prior court case, and may be a significant road block for the mine.
FOR IMMEDIATE RELEASE
“This Fight Isn’t Over” – Three Tribes File New Lawsuit Challenging Thacker Pass Lithium Mine
February 17, 2023
RENO, NV — Three Native American tribes have filed a new lawsuit against the Federal Government over Lithium Nevada Corporation’s planned Thacker Pass lithium mine, the latest move in what has become a two-year struggle over mining, greenwashing, and sacred land in northern Nevada.
The lawsuit, filed by the Reno-Sparks Indian Colony, Burns Paiute Tribe, and Summit Lake Paiute Tribe on in Federal District Court on Thursday evening, includes three major allegations.
First, the tribes claim that the Bureau of Land Management (BLM) withheld crucial information from the Nevada State Historic Preservation Office and lied about the extent of tribal consultation in order to secure legally-required concurrence about historic properties in Thacker Pass.
Second, the tribes allege that Lithium Nevada, with BLM’s complicity, lied about terminating a set of older permits for mining-related activities in Thacker Pass. Further, the tribes say that the BLM has, without notifying tribes or the public, expanded the scope of previous permit authorizations dozens of times, allowing Lithium Nevada to conduct preliminary mine construction activities that are harming traditional cultural properties in Thacker Pass.
Third, the lawsuit argues that the BLM lied about consulting with Tribes before issuing their Record of Decision, and that the agency has continually refused to acknowledge both oral and written histories presented by the Tribes about the sacredness and cultural significance of Thacker Pass.
In total, the lawsuit asserts that the BLM has violated the Federal Land Policy Management Act, the National Historic Preservation Act, and the National Environmental Policy Act, and is also guilty of Breach of Contract.
This lawsuit comes just one week after Judge Miranda Du ruled largely in favor of Lithium Nevada and the BLM in a prior consolidated case involving claims brought in 2021 by environmental groups, a local rancher, and two Native American tribes (the Reno-Sparks Indian Colony and the Burns Paiute Tribe).
However, that case only considered events and information prior to January 15, 2021, when the BLM issued the Record of Decision (ROD) — the main Federal permit — for the Thacker Pass lithium mine project. Tribal claims were curtailed by this limitation, which blocked key evidence from being heard — evidence that is integral to the new case.
The new lawsuit is also strengthened by the addition of the Summit Lake Paiute Tribe, one of the Tribes that the BLM claims to have consulted with prior to issuing the ROD. Summit Lake and both other tribes the BLM claims to have consulted (the Winnemucca Indian Colony and Fort McDermitt Paiute-Shoshone Tribe) have disputed BLM’s assertion that any consultation took place. (The Winnemucca Indian Colony filed to intervene in the previous court case, but was blocked from taking part by Judge Du, for seeking intervention too late in the case.)
All three litigating tribes hold Thacker Pass, known as “Peehee Mu’huh” in the Paiute language, as a sacred and culturally important site which has been used for gathering edible and medicinal plants, hunting and fishing, conducting ceremonies, camping, and everyday lifeways of Paiute and Shoshone peoples. Many oral histories, passed down for generations among regional Native American communities, tell of the significance of this area.
Thacker Pass is also the site where two massacres of Paiute people took place – one which occurred prior to colonization as part of an inter-tribal raid, and a second which took place on September 12, 1865, when Federal troops massacred between 31 and 50 Paiute men, women, and children in a surprise attack at dawn.
Much of this history has been assembled for the first time in a comprehensive ethnological report commissioned by the Reno Sparks Indian Colony and Summit Lake Paiute Tribe, which is titled “Thacker Pass/Peehee mu’huh: A Living Monument to Numu History and Culture.” The tribes submitted that report to the Department of the Interior on February 3rd as part of an application to list both the 1865 massacre site and the whole of Thacker Pass, which tribes are calling the “Thacker Pass Traditional Cultural District,” under the National Register of Historic Places. (Numu is what the Northern Paiute call themselves.)
Arlan Melendez , Chairman of the Reno-Sparks Indian Colony:
“When the decision was made public on the previous lawsuit last week, we said we would continue to advocate for our sacred site PeeHee Mu’Huh. A place where prior to colonization, all our Paiute Shoshone ancestors lived for countless generations. And is the very same place they were massacred (never laid to rest properly) by the U.S. Calvary. It’s a place where all Paiute Shoshone people continue to pray, gather medicines & food, honor our non-human relatives, honor our water, honor our way of life, honor our ancestors.
Our contention is with the largest lithium mine in country and the expansion of the 40 plus other lithium claims proposed for the State of Nevada. They should have notified all Tribes sooner. The Thacker Pass permitting process was not done correctly. BLM contends they have discretion to decide who to notify or consult with. They only contacted 3 out of the 22 tribes who had significant ties to Thacker Pass.
One of the Biden Administration’s first actions when they took office was to prioritize ‘regular, meaningful, and robust consultation’ with Tribes. That did not happen with Thacker Pass, and we need the Federal Government to make that right. Our history, our culture, our people, and our sacred sites must be protected.”
Diane Teeman, Director, Culture & Heritage Department, Chairperson, Tribal Council, Burns Paiute Tribe:
“Thacker Pass is known as a spiritually powerful place because of the presence of the remains of tribal Ancestors and their spirits. Our Paiute oral history tells us that we Paiutes have lived in this area since before the Cascade Mountains were formed. Our people follow our unwritten traditional tribal laws and philosophy of life which require we respect all other living things including plants, animals, minerals, and so on. Our traditional ways require we live in reciprocity with all other things and never put ourselves as feeble humans above others. For this reason, our unwritten traditional tribal law requires we do everything in our power to protect it. Only the Tribe and its members can speak to the significance of an area to the Tribe.”
Will Falk, attorney representing the RSIC and SLPT:
“BLM fast-tracked its review of the Thacker Pass Lithium Mine Project and was moving so fast, it made a number of mistakes including failing to identify the September 12, 1865 massacre site, even though BLM possessed descriptions of this massacre in its own General Land Office records. The Tribes have notified BLM of the cultural, spiritual, and historical significance of Thacker Pass, but BLM continues to refuse to acknowledge this information. BLM’s failure to acknowledge the information the Tribes have provided about the significance of Thacker Pass was not reviewed by the court in the previous lawsuit. BLM has committed a number of violations of federal law since the original lawsuit was filed in 2021. My clients and I look forward to exposing the tricks BLM has played on the Tribes for the Thacker Pass Project.”
Michon Eben, Tribal Historic Preservation Officer at the Reno-Sparks Indian Colony:
“Part of the Federal Government’s responsibility is to determine if a proposed mining project may adversely affect historic properties. Historic properties include Native American massacre sites. The BLM failed in its trust responsibility to tribes and now our ancestor’s final resting place is currently being destroyed at Peehee Mu’huh. Why is it that when our ancestors’ burials are under threat, its business as usual? We are demanding mutual respect for our dead relatives and their final resting place. The BLM and non-native archeologists do not have the expertise to determine whether a property is of religious or cultural importance to a tribe. Native American tribes are the special experts of our culture and Peehee Mu’huh/Thacker Pass is significant to regional tribes and to American History.”
Shelley Harjo, Fort McDermitt Tribal Member:
“Are we willing to sacrifice sacred sites, health and internal balance for short term economic gains while giant corporations create unmeasurable wealth, deplete resources, and leave our future generations to endure the disorder the Thacker Pass mine would leave behind? I will never believe this is the best method for greener living and nor do many other native people in our area. My elders who have been going up to fish and gather medicine in the Thacker Pass have been followed and harassed by Lithium Nevada’s private security, and now say they don’t feel safe on their own ancestral homeland. This is an unacceptable bullying tactic against elderly women by a foreign mining company that has no business here.”
Max Wilbert, Protect Thacker Pass:
“Global warming is a serious problem and we cannot continue burning fossil fuels, but destroying mountains for lithium is just as bad as destroying mountains for coal. You can’t blow up a mountain and call it green.”
The Thacker Pass lithium mine project has become emblematic of what critics say is a rushed transition to “green energy” that is replicating many of the problems of the fossil fuel industry, resulting in major environmental damage, and harming communities on the frontlines. Opponents of the Thacker Pass say they aren’t arguing in favor of fossil fuels, but in favor of protecting the Earth. Lithium Nevada claims that its lithium mine will be essential to producing batteries for combating global warming, and the Biden administration has previously indicated some support for Thacker Pass. Opponents of the project have called this “greenwashing,” arguing that the project would harm important wildlife habitat and create significant pollution, including greenhouse gas emissions. They say that electric cars are harmful to the planet and a different approach is needed to address the climate crisis.
General Motors recently entered into an offtake agreement with Lithium Americas, the parent company of Lithium Nevada, to purchase a $650 million stake and to buy the lithium that is produced at Thacker Pass. News reports have stated that the agreement is contingent on the results of the previous lawsuit. It is unclear at this time how the new lawsuit will affect GM’s commitment to Thacker Pass.
Editor’s Note: The following is a press release by Roam Free Nation. It describes how the population of wild bison is being targeted and reduced in favor for the livestock industry. Once again, the needs of the natural world is being held secondary to the profit motive of businesses.
GARDINER, MT: On Friday, Yellowstone National Park submitted a report to IBMP.info (the website of the Interagency Bison Management Plan) revealing shocking numbers of Yellowstone’s bison – the country’s last wild migratory buffalo — who have been killed during the so-called hunt, slaughter, and removal for quarantine (domestication). At the time the report was issued, the number of buffalo eliminated from Yellowstone’s population stood at 1,024. That number increases daily, and it’s only early February. This is already the most deadly year for wild buffalo since 2017, and if the killing and capturing continues at this rate, these mis-management actions could remove a third to half of the population.
“This is a global travesty,” said Stephany Seay, co-founder of Roam Free Nation, a Montana-based wildlife and wild lands advocacy group. “This is the last wild, migratory population of American bison left in this country, beloved the world over, who once numbered nearly 70 million strong, and at the beginning of this winter there were barely 6,000. There are nearly 50,000 African elephants left in the world, and they are considered endangered and fiercely protected. Why is our country’s National Mammal not given the same concerns and protections?”
Yellowstone’s report to the Interagency Bison Management Plan (IBMP) can be reviewed here.
At the November Interagency Bison Management Plan meeting, Yellowstone National Park Superintendent Cam Sholly and lead bison biologist Chris Geremia spoke strongly for the small but growing bison population, stating that the park alone could sustain upwards of 10,000. They stood up to the Montana Department of Livestock that wants to drive the population down to 3,000 for the sake of convenience.
“So much for Yellowstone’s good words,” said Cindy Rosin, Board Secretary for Roam Free Nation. “They have shown that it’s just business as usual in Yellowstone, which means doing the dirty work for Montana’s livestock industry.”
“It is so disheartening to see a failed policy continue to be pursued, a policy that was abandoned decades ago for one species, but revived for other species today,” said Lee Fulton, Treasurer for Roam Free Nation. “Bison, elk, and wolves have all been subjected to a firing line mentality once they dare to cross Yellowstone Park’s boundary as they pursue their natural migration.”
Excessive hunting, which is essentially an extension of government slaughter, has claimed the lives of more than 500 wild buffalo in less than two months, with more dying every day. The infamous killing fields of Beattie Gulch in Montana’s Gardiner Basin have seen the worst of the killing spree, when large family groups migrate across Yellowstone’s northern boundary and are gunned down by state and tribal hunters. In the frenzy, many buffalo have been severely wounded and run for the shelter of the park, only to be euthanized by park rangers.
“I don’t know how anyone partnered with the IBMP could say they want more buffalo,” said Jaedin Medicine Elk, a Northern Cheyenne tribal member and co-founder of Roam Free Nation. “That sounds great at the IBMP meetings but looks way different in the field where actions are speaking louder than words. Beattie Gulch hunting field? More like Beattie Guts slaughter field. It’s different when you actually see buffalo you have a relationship with getting killed off. Family groups getting wiped out, pregnant moms young and old getting killed with their babies in gut piles.”
“The hunters are blind to the fact that they are being used as tools by the Montana Department of Livestock to do the bidding of the cattle industry, that opposes wild bison restoring themselves in their native Montana lands,” Seay said. “Anyone who has witnessed even a single day at Beattie Gulch understands this to be a slaughter, a massacre, and not a hunt at all. Just because you have a right, does not make it right.”
As the so-called hunt blasts on, Yellowstone National Park began capturing wild buffalo at their Stephens Creek capture facility, barely a mile from Beattie Gulch. To date, Yellowstone has captured and consigned to slaughter 88 buffalo, with another nearly 400 captured for possible quarantine (domestication).
“People are fooled by the government into thinking that quarantine will eliminate slaughter, which it doesn’t,” said Seay. “Quarantine is a domestication program based on a livestock paradigm, removing wild bison from their wild homelands, tearing apart their families, and ensuring they will never roam free again. It’s another false-positive the government is selling to the public and to tribes.”
At least 340 of the wild buffalo eliminated are adult females, most of them pregnant. Every conservationist knows that if you want to drive a population down, you kill the females. Much like elephants, buffalo are a matriarchal society, so the adult females are the teachers, the wisdom-keepers, the ones who teach even the bulls how to be a successful buffalo. Every hunter or government worker who takes an adult female puts the herds in deeper jeopardy.
The Yellowstone buffalo (bison) populations are the last continuously wild, migratory buffalo who have existed on the landscape since prehistoric times.
Roam Free Nation is a Montana-based, Native led wild buffalo, wildlife, and wild lands advocacy group who speaks from and represents the perspective of wild nature. Their representatives have over 50 years of combined experience in the field monitoring wild bison migration, documenting actions against them, and advocating on their behalf. Contact:
Stephany Seay, Co-founder, Roam Free Nation roamfreenation@gmail.com
Editor’s Note: Even when local governing units make decisions for the welfare of the environment, state laws are designed to crush them. The following story covers how a small town is getting sued for passing a local ordinance to prevent pollution from factory farms. The basis of the lawsuit is that the ordinance is against the state law of Wisconsin. This story was originally published by Grist. You can subscribe to its weekly newsletter here.
This lawsuit is far from one of its kind. Similar lawsuits have been filed against a local government for trying to protect the environment against corporate interests. DGR News Service covered a series regarding the fight of Lake Eerie Bill of Rights in the state of Ohio. Read more about it here.
The small community of Laketown, Wisconsin, home to just over 1,000 people and 18 lakes, is again at the center of a battle over how communities can regulate large, industrial farming operations in their backyards.
The town, which is half an hour from the Minnesota border, is the target of a lawsuit supported by the state’s largest business lobbying group, which claims the town board overstepped its role when it passed a local ordinance to prevent pollution from concentrated animal feeding operations, or CAFOs*.
Filed in Polk County Circuit Court in October, the lawsuit pits local farmers against the municipality, where decisions are made by a single town chair and two supervisors. Wisconsin Manufacturers & Commerce, or WMC, a lobbying group that defines itself as the state’s “largest and most influential business association” is representing the residents suing the town through its litigation center.
Early this year, WMC sent a letter to the town board that they would see legal action if the ordinance was not repealed. The notice of claim, sent in April, argues the town passed an ordinance with various illegal provisions under state law. The Wisconsin Manufacturers & Commerce Litigation Center, who have previously filed lawsuits to rollback state protections against water pollution, did not respond to repeated requests for comment.
“They see this ordinance, if not challenged, as something that may become more the norm around the state,” Adam Voskuil, staff attorney for the nonprofit law office Midwest Environmental Advocates, told Grist. This law office has issued its support for Laketown’s ordinance in the past but is not representing the municipality in this ongoing litigation.
As the agricultural industry increasingly forces farmers to “get big or get out,” CAFOs have become plentiful across Wisconsin and the country at large, with more and more animals living on CAFO operations in recent years. The size of these farms varies within a state but generally are seen as operations with 2,000 or more pigs, 700 or more dairy cattle, or over 1,000 beef cattle.
The growth of these operations has been linked to public health problems like various cancers as well as infant death and miscarriages, caused by water contaminated with waste runoff from farms. On the other side of Wisconsin, residents in Kewaunee County have seen manure coming out of their faucets from one the largest CAFOs in the state, who sued the Wisconsin Department of Natural Resource last year when they were denied a request to nearly double their size.
As more confined animal feeding operations, like the hog farm pictured, pop up across the country, towns and counties have attempted to regulate their growth. chayakorn lotongkum / Getty Images Grist
When communities try to respond with local-level enforcement, both industry interests and a lack of power at the local level cause townships to get creative with their responses.
Every state has some form of a “right-to-farm” law, which stops farms from being targeted for nuisances related to the daily operations of the industry, such as odor, noise, and effects on the environment. From there, each state has some form of a regulatory process that outlines how large farms are allowed to operate.
In Iowa, which leads the country in CAFOs, the state government sets all regulatory requirements and local towns and counties are out of luck when it comes to enforcement, according to John Robbins, Planning and Zoning Administrator for Cerro Gordo County, Iowa. He said the county once had a restrictive ordinance for CAFO zoning on the books, but after a state law took control, counties now have “very limited authority.”
Last year, when a Missouri hog farm spilled 300,000 gallons of waste into nearby waterways, two counties attempted to regulate CAFOs differently than the state government. Those counties had to sue to challenge state-level laws and are now awaiting trials in the state Supreme Court.
Further West, Gooding County, Idaho has seen the whole gambit of what Wisconsin towns could be facing. In 2007, the central Idaho county named after a famed state sheep rancher passed an ordinance regulating CAFOs in the county limits. A month later, industry groups Idaho Dairymen’s Association and Idaho Cattle Association started a court battle with the county that ended two years later, with the state supreme court ruling in the county’s favor. Gooding County’s legal representatives did not respond to a request for comment.
Wisconsin’s Livestock Facility Siting Law generally restricts how local municipalities can stop or slow new CAFOs or expansions to current facilities. This law is at the crux of arguments in opposition to Laketown and other surrounding communities’ proposed or passed ordinances.
Other Wisconsin communities have enacted local level ordinances to regulate these large farms. In 2016, northern Bayfield County enacted a CAFO ordinance that imposed a one-time fee and required operators to have increased manure storage options. After a large hog farm estimated to produce over 9 million gallons of manure a year was proposed in Polk County a few years ago, the county attempted a moratorium on CAFOs, but the measure did not pass.
Since then, at least five neighboring towns of Laketown have passed similar ordinances.
“This is one of the first times I’ve seen a town refuse to back down to some of these letters.” Adam Voskuil, Midwest Environmental Advocates staff attorney
The Laketown ordinance that sparked the lawsuit is an operations ordinance, unlike Bayfield’s ordinance which focused on zoning. Laketown CAFO operators are asked to file a one-time fee equal to a dollar for every animal unit as well as give detailed plans of how they will prevent ground and air pollution stemming from their facilities. Passed in 2021, the ordinance states it is based upon Laketown’s obligation to “protect the health, safety and general welfare of the public.”
All along the way, industry groups Venture Dairy Cooperative and the Wisconsin Dairy Alliance, its website features the slogan “Fighting for CAFOs Every Day,” have sent threatening letters to towns that passed ordinances or moratoriums, with the help of WMC.
“This is standard operating procedure for the Big Ag boys,” said Lisa Doerr, a Laketown resident of over 20 years who raises horses and commercially farms hay and alfalfa with her husband.
Doerr has been involved at the local level in opposition to CAFO since Polk County learned of a proposed 26,000-hog farm. Doerr, who worked with the Large Livestock Town Partnership, a multi-town committee that examines the environmental impact of CAFOs, said she worried that the landscape of the town and county would change if local action wasn’t taken.
“The name of our town is Laketown because we’ve got lakes everywhere,” she said. “We still have a middle class farming community. We haven’t had corporate ag take over everything.”
In its recently filed response letter, Laketown’s attorney said WMC’s argument falls flat as it is based solely on the state-level zoning law, while the town’s ordinance regulates the operations and conduct of a facility. They also noted that since the ordinance passed, no facilities have applied for a permit, which means the town has not yet enforced any actions WMC says are unlawful. Laketown board chair Daniel King declined to comment, citing the ongoing lawsuit.
Midwest Environmental Advocates attorney Voskuil said he was heartened to see that Laketown has been holding its ground. “This is one of the first times I’ve seen a town refuse to back down to some of these letters,” he said.
Farther south in Wisconsin, another county is reeling from letters threatening legal action. Crawford County, which borders Iowa, enacted a CAFO moratorium in 2019 but did not renew the moratorium after studying the issue for a year. Forest Jahnke, a coordinator with the Crawford Stewardship Project, said the decision to not renew the moratorium was highly influenced by the deluge of similar threats of litigation and backlash, which had a “chilling effect” on efforts to move forward.
“The fear of litigation is a very strong and deep one in our local municipalities and county governments,” Jahnke, who was a member of the committee studying the CAFO moratorium in Crawford County, said.
Since the moratorium rolled back, the Wisconsin Department of Natural Resources greenlit a Crawford County hog farm, home to 8,000 pigs and expected to generate 9.4 million gallons of manure each year
![New Lawsuit Challenging Thacker Pass Mine [Press Release]](https://dgrnewsservice.org/wp-content/uploads/sites/18/2023/02/SweepUnderRug_H-1024x675-1.jpeg)
