As more and more becomes known about the Environmental Protection Agency’s (EPA) aerial surveillance of feedlots in Nebraska and Iowa, more and more questions and concerns arise.
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Nebraska beef producers first learned that the Environmental Protection Agency (EPA) had been conducting aerial surveillance of feedlots just a few months ago, and then only by chance. To say that raised some concern and questions would be an understatement.
“We were never alerted that the flyovers were occurring and we still haven’t been today,” says Kristen Hassebrook, director of natural resources and environmental affairs for Nebraska Cattlemen, the state cattlemen’s association in the state. “However, once producers were inspected by EPA, in communication producers got from EPA, mention was made of aerial photographs. That obviously got folks’ attention and turned some heads.”
Since that time, cattlemen have been asking questions and raising concerns specifically in three areas, she says.
“One, we feel it’s fairly intrusive, because someone’s home is located on the same property where a livestock operation is. That’s personal privacy space and I think all citizens of this country would prefer that the government not be indirectly taking pictures of them sitting on their deck.”
That’s the difference between surveillance of livestock facilities and the Supreme Court ruling that EPA says gives them the authority to conduct their flyovers. Dow Chemical sued EPA over its aerial surveillance and the case went to the Supreme Court. The High Court determined, since it was a business, there was no expectation of privacy on the roof.
“However, a chemical manufacturing plant is very different from where we raise livestock,” Hassebrook says. “Where we raise livestock, someone lives on that property; they raise their children on that property. So it’s a little bit more concerning when the government’s flying around taking pictures of your home.”
Hassebrook also says the flyovers are unnecessary. EPA has delegated the authority to carry out the Clean Water Act to the Nebraska Department of Environmental Quality (NDEQ) and that agency has inspectors who focus specifically on livestock compliance. “They inspect producers every year. And we have a good track record in Nebraska.”
Since both EPA and NDEQ can inspect any facility at any time without notice, Hassebrook says that, even if the flyovers indicate a potential problem, inspectors still have to make on an onsite visit, which they already have the authority to do. “We don’t really see the need for this extra step. EPA’s extensive presence on these flyovers is doubling up on what our state DEQ is already doing, which means they’re doubling up on taxpayer dollars.”
According to Kris Lancaster, EPA spokesman, the agency has used aerial surveillance for nearly a decade to verify compliance with environmental laws in impaired watersheds. “Region 7 initiated this program (for CAFOs) in March of 2010 in Iowa,” Lancaster tells BEEF. “The completed flyovers include three in Iowa in 2010, five in Iowa in 2011, and one in Iowa in 2012. In Nebraska, the completed flyovers include six in 2011, and three in 2012 to date,” he says. Region 7 consists of Iowa, Kansas, Missouri and Nebraska.
No enforcement actions resulted from the flights alone, he says. “The flights have identified potential problems and, in some cases, serious contamination that were subsequently investigated through onsite inspections.”
Those inspections have resulted in some producers receiving penalty orders. Lancaster says a penalty order is based on a facility that is not diligently working with the state to correct issues related to impairments in the water based on discharges into a stream. "In region 7, there were eight penalty orders in 2010, four in 2011 and five in 2012,” Lancaster says. “Aerial overflights were related to penalty orders for two CAFOs in 2010, four in 2011 and four in 2012.”
Lancaster says the flyovers aren’t restricted to just Nebraska and Iowa. “The majority of our other regional offices throughout the country have completed flights looking at various facilities, not only CAFOs but facilities like chemical manufacturing facilities and other facilities that EPA is required to regulate.”
Outside of Nebraska and Iowa, however, no one is aware that flyovers specifically looking at CAFOs are happening. Both the Texas Cattle Feeders Association (TCFA) and the Kansas Livestock Association say they haven’t received any reports from feedyards about low-flying aircraft.
However, in a post 9-11 world, low-flying aircraft buzzing a feedyard are a concern, says Ben Weinheimer, vice president and head of environmental affairs for TCFA. And he understands the aircraft fly at 1,200-1,500 ft. That, he says, is pretty snug to the ground.
“We’re still very much in an agroterrorism defense mode, preparedness and response, and we’ve engaged in all this work with the Department of Homeland Security and the FBI,” he says.
Harkening back to the truck-burning incident recently at Harris Ranch in California, he says bioterrorism is a threat both domestically and internationally. He wonders who has access to the information EPA collects. He also wonders if EPA is prepared when a feedyard calls law enforcement to report a potential bioterrorism strike.
With the Supreme Court ruling in its favor, EPA seems confident it can continue the aerial surveillance. However, EPA has a June 10 deadline to respond to a congressional letter from Sen. Mike Johanns (R-NE) and others asking 25 specific questions about the practice. What comes of that remains to be seen.
“Obviously we’d like see the flyovers ended,” Hassebrook says. “We just don’t think they’re an appropriate use of EPA authority. But this brings up an opportunity for agriculture to talk about what a good job we’re doing in the realm of environmental quality and to point out that regulatory burdens are immense and that something needs to be done when they’re not reasonable."
Discuss this Article 15
They are necessary, as there are not enough inspectors on the ground. It is proven that these rules are needed to clean our waterways clean.
This is the Hollywood Elite effect.
They after all attempt to stop the general public from taking pictures of their properties from a public road, and for sure abject to the public from taking pictures of their estates from the air.
Trouble is both are perfectly legal.
Most of us have used aerial photos to certified out crops, with no complaints.
There are laws that require a plane to fly higher than 500 ft AGL over open land, and below maybe 1,000 feet for Radio Controlled Airplanes. There are exceptions for crop dusters and other activities.
The aerial photos we have used for decades were usually taken from 22,000 feet above the ground level and provide all the data needed to monitor Feed Lot Compliance. At a higher cost they can use Google Satellite photos for the same results.
Possibly the use of Unmanned Aerial Vehicles is more cost effective than the other two options.
Since none of these photos are classified information, they can be accessed by the public including HSUS and PETA. If there are concerns, why not just come to the feedlot and work with it to correct the issues? The government is acting more and more like we are the enemy. It needs to end.
The EPA crucifiers are admittedly against tradtional American business in a way that demonstrates their disgust for our God-given, therefore fundamental, rights in our privately owned natural resources of minerals, plants and animals. It is time for government to do its most basic duty, that is to protect our God-given rights and interests and to end the Godless' charade about protecting Mother Earth.
I see nothing wrong with it. However, they should not be secretive. Feedlot owners and others in the livestock industry should be openly availble for inspection, the same as a restuarant has the expectation of being inspected at anytime.
It all goes to the safety of our food supply. Consider the recent problems with the egg industry and the cantalope grower in Colorado. Being in the business of raising food and fiber for our nation's comsumption does not make you a saint or above reproach. We all know people in the industry that take shortcuts and do other things that are pretty borderline.
Please get your facts straight. Drones were not used. It was a single engine Cessna.
I agree with previous contributor because Ms Hassebrook, in an interview with Trent Loos, indicated a 2-man airplane. The aerial photos could be a cost-efficiency effort because numerous acres could be viewed vs. individual on-site visitations, if you disregard the details of airplane maintenance, aviation fuel, cost of pilots, etc. In an ideal world, the aerial photos could not only verify claims of compliance by agriculture groups and businesses but also pinpoint violators but then we know this is not an ideal world. It is a concern of who has access to the aerial photos and their agenda. We could have a limited level of "comfort" with the aerial surveillance if it is strictly a compliance issue; however, we know that groups such as HSUS and PETA have access to the information to augment their anti-agriculture agenda. The responses from EPA Jackson may clarify issues; however, I return to the ideal world concept. It is disconcerting that these same bureaucrats are willing to support the Keystone XL oil pipeline over the Ogallala aquifer from Alberta to Houston. What has the greater probability of contamination of our groundwater supply, agriculture or a pipeline spill?
Private companies have been taking aerial photographs for decades now for use by individuals and the government. If it makes you uncomfortable, you are behind the times; should not live on a feed lot or lay around outdoors naked. I am sure the EPA and Nebraska would love to have enough inspectors to do the job necessary to enforce the law. Tax payers don't want to pay for them. Aerial photographs allows one inspector to visit many more feedlots per day than by regular inspection methods. Why do individuals feel it is ok for the government to watch other people and not them? NIMBYS should realize that is just not the case.
Several sources indicated that drones were used for the flyovers. If it was a Cessna, I apologize for the error. However, if it was indeed a low-flying Cessna, how is it that nobody noticed?
Burt Rutherford
The EPA must not have enough to do so they are going after Americans trying to make a living. Or is the EPA beening run by PETA and HSUS now, so they now know where to go to harrass hard working ranchers and farmers trying to make a living for their families. Guess the now present administration wants to put us all out of business so there will be more families without jobs and living on the goverment dole line.
Call EPA and ask what airplane they used for pete's sake. Isn't that what we do when we work with each other, farmers and ranchers? If we have a question, we ask them. EPA had a meeting at West Point last month and told everyone there about aerial flights. They said they use Cessna airplanes with EPA guys using a digital camera. Can't get more basic than that. And, by god, we know who the bad actors are in our communities. Doesn't take scientists to figure it out. Just remember, we rely on that Clean Water Act in irrigating crops and keeping our wells clean. It keeps our families and our livestock from getting sick. If you are farming or ranching the way you should, you wouldn't worry about such things. Lobbyists, Farm Bureaus and self-interest groups and associations need to represent us on issues that make a difference and quit spreading red herrings like farm dust, spilled milk and "drone" flights. Get some common sense in ya.
I agree with most of these comments, there are enough of us in the world now and feedlots are big enough to have a negative impact on our neighbors and the environment at large. We have arial and satelite flyovers of our ranchland to confirm complaince with conservation rules, why are feedlots an exception. and why is it that BEEF always seems to side with the reactionary voices who somehow think we still live in the 1800s where everyone can do as they please and ignore the fact we live in a crowded and complex world where we can't just do as we please regardless of how it impacts our neighbors. If EPA tries to envorce rules that are not legal we should object, if flyovers enable them to more efficiently monitor and the enforce legitimate rules, BEEF and some of the other commenters here need to get over it.
Maybe all swimming pools and suburban areas should be monitored for someone using too much chemical--yards--regular citizens--especially senior citizens---and other local folks.
I thought the consitiution protected the citizen from spying spys!!!
I saw a Cessna flying overhead yesterday, and my daughter was sunbathing. She thought she was private, but how dow I do a freedom of information request to make sure that photo won't be on facebook.
I worked several years for a state department of environmental quality. One thing I can guarentee: If you are doing something, "the government needs to stay out of it." If someone else is doing something that you don't like, "there ought to be a law against it."
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