In October, the Rochester Post Bulletin reported Court sends Daley decision back to MPCA over greenhouse gas issue. There's more about the lawsuit in Winona Daily News Court of Appeals to hear LSP, MCEA lawsuit against state agency
The MCEA posted Court of Appeals deals an obstacle into Daley Farms expansion permit on its Loon Commons blog; Matt Doll wrote in October:
On Monday, October 14 the Minnesota Court of Appeals made a significant ruling in the case of Daley Farms, a Winona County dairy operation proposing to more than double the number of animals in its feed lot. Issuing a decision on a suit brought by MEP members Minnesota Center for Environmental Advocacy (MCEA) and Land Stewardship Project (LSP), the Court declared that the Minnesota Pollution Control Agency (MPCA) had failed to assess greenhouse gas emissions that the feedlot expansion would create. For that reason, the MPCA permit for Daley Farms has been blocked. Though not a total victory for environmental advocates, this is important work by MCEA and LSP, and we thank them for their efforts on behalf of Winona County residents.
This is by no means the end of the story on the Daley Farms expansion. Daley Farms and the MPCA are both likely to take steps to update and reestablish the permit. On the other hand, Daley Farms is also engaged in a court case against Winona County, which has a local limit on the size of feedlots that may block the project entirely.
Regardless, it’s encouraging to see the Court of Appeals recognizing and emphasizing the MPCA’s obligation to take climate impacts into account. But it’s clear that the system we have for considering and regulating factory farms and other large industries is not adequately protecting Minnesota. 40% of our waters are considered impaired. Animal and crop agriculture is one of the three largest sectors of greenhouse gas emissions in our state.
Last week, we covered the crisis impacting Minnesota agriculture, leaving small farms struggling across the state. This crisis has been exacerbated by climate change. But it has been set in motion by a farm policy system that does not prioritize keeping farmers on the land, improving soil and water health, protecting pollinators, or adapting to climate change, but instead seeks to maximize the translation of our natural resources into profits.
The Daley Farms case is a microcosm of a greater challenge facing Minnesotans: how do we ensure that agriculture in our state is restorative – not harmful – to people, land, water, and climate? How do we find a way to make protecting our fragile resources a primary concern, rather than an afterthought on a rubber-stamped permit?
It’s clear that reforms are needed in our laws, government agency oversight, and economic structures so that Minnesota’s state government acts on these values.
The Minnesota Pollution Control Agency (MPCA) stated on Wednesday in a press release, MPCA releases draft permit, additional environmental review for Daley Farms expansion in Winona County:
The Minnesota Pollution Control Agency (MPCA) today released its draft permit and estimated greenhouse gas (GHG) emissions for the proposed Daley Farms expansion in Winona County. The estimated GHG emissions are the MPCA’s supplement to the environmental review worksheet and a result of an October 2019 decision by the Minnesota Court of Appeals.
Daley Farms has proposed increasing its dairy herd to 4,628 cows and calves, up from the current 1,728. Using a calculator developed by the U.S. Environmental Protection Agency, the MPCA estimated that the expanded Daley Farms would emit the equivalent of approximately 32,500 tons of carbon dioxide per year, an increase of about 20,300 tons over current levels. The calculator estimates emissions from animal digestion (methane), manure storage (methane and nitrous oxide), and manure land application (nitrous oxide) and then converts the tons per source to tons of carbon dioxide for ease of reporting and comparing.
Daley Farms has proposed plans to reduce its GHG emissions, including converting cropland to alfalfa and additional practices that reduce the potential for nitrogen runoff.
In October 2019, the Minnesota Court of Appeals revoked the MPCA’s permit to Daley Farms for an expansion in Winona County, saying the agency failed to consider greenhouse gas emissions in the environmental review process. After conducting this assessment for Daley Farms, the MPCA determined that GHG emissions should be disclosed for all future feedlot projects requiring environmental review. This will not involve extra work for feedlot proposers.
The MPCA uses GHG emissions inventories in other environmental review, including for energy and ethanol projects. Now, the Environmental Quality Board (EQB) is also studying how state and local governments can effectively use environmental review to consider potential climate impacts.
The Daley Farms draft permit and supplement on GHG emissions are available for review on the MPCA website. The public is encouraged to comment during the public comment period that ends at 4:30 p.m. on Monday, Feb. 20. For copies of the documents, or to provide comments in writing:
- Environmental assessment worksheet supplement - Kim Grosenheider (651-757-2170) MPCA, 520 Lafayette Road N., St. Paul, MN 55155-4194
- Feedlot permit – Mark Gernes (507-344-5260) MPCA, 12 Civic Center Plaza, Suite 2165, Mankato, MN 56001
Note that comments on the proposal received during the initial public notice are already part of the record and need not be submitted again.
The MPCA will hold a public informational meeting on the worksheet supplement and draft permit on Tuesday, Feb. 4, starting at 6:30 p.m., at the Lewiston Community Center, 75 Rice St., Lewiston, Minn.
For more information, visit the MPCA webpage on Frequently Asked Questions on greenhouse gas emissions in feedlot environment review.
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