Dairies settle landmark cow-manure case after federal judge rules solid-waste law applies
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For decades after Congress enacted the Resource Conservation and Recovery Act, dairy farmers didn’t think it applied to them.
That changed early this year, when a federal judge in Washington state ruled in a lawsuit that RCRA did apply to dairies. Hence, said U.S. District Judge Thomas Rice, the statute required them to clean up their act concerning large quantities of cow manure that plaintiffs say have been contaminating the water supply in the Yakima area with nitrates, the Capital Press reported at the time of the Jan. 14 ruling.
Rice’s refusal to grant a summary judgment motion by the defendant Cow Palace Dairy set the stage for the environmental case to proceed to a damages trial, but on Monday a settlement by Cow Palace and three other dairies was announced, the Washington Times reports.
It requires mitigation measures intended to bring the dairies into compliance with RCRA solid-waste rules, including a reduction in the use of manure as fertilizer and installing double linings in storage lagoons. Meanwhile, the dairies must provide clean water to residents until the cleanup is complete.
The Public Justice law firm represented the community groups that filed the suit.
Debora Kristensen of Boise, Idaho-based Givens Pursley represented Cow Palace.
See also:
ABAJournal.com: “MI Mega-Farms a Mega-Nuisance?”
The State: “Thirsty mega-farms in SC spark concern”
