MAY  2004

The waiting and wondering is finally over and now it's time for dairy producers to step up to the plate and decide what must be done to resolve the problem with the City of Waco and water quality issues. Although local opinions have differed in the past 60 days as to whether Waco would follow through with recent threats to sue 10 Bosque River watershed dairies, there's no question about it now. Waco filed suit on Thurs., April 29, 2004 on eight of the original ten dairies for allegedly breaking the federal Clean Water Act.

Art Pertile, Waco city attorney, said eight dairymen were named in the suits rather than the original ten because one dairy is in bankruptcy and the City is still undecided about the other dairy. As a matter of public record, the eight dairies officially being sued are: J&L Dairy, Centex, Excel, Dutch Cowboy, Triple Dutch, Hidden View, AzTex, and Dennis Schouten Dairy.

The federal suits were filed in the United States Federal  District Court, Western District of Texas, Waco division. Pertile said no formal action or resolution was necessary by Waco's City Council to initiate the lawsuits since he has inherent authority to act on their behalf, based on his professional judgment.

Pertile said Waco pursued the lawsuits after producers named in the "letters of intent to sue" two months ago did not respond to a request by Waco to meet and try to resolve water quality issues. He added that the original ten dairymen were solely selected from Texas Commission on Environmental Quality (TCEQ) records that revealed continuing violations that could "easily break the Clean Water Act." He said the records indicate these dairies and others have contributed to the pollution in Lake Waco.

"We asked them to meet and to stop their violations but they chose not to do so," Pertile said. "Although we talked with some of them, no official meeting took place to work things out. When the 60 day deadline passed, we filed the lawsuits."

Pertile added that Waco was not attacking the entire dairy or agriculture industry. "...just the 8 dairies that are not complying with the laws to protect water quality," he said.

>>For the full report—email us and we'll mail you a copy of the May Texas Dairy Review<<
 

<<Back to the TOP>>
 

When Harold Fritts first learned about the recent ploy by the City of Waco that threatened to sue 10 area dairies for allegedly breaking the Clean Water Act, he was dismayed and disappointed, shrouded by a feeling of unease and unrest. The warning signs were there and he felt compelled to do something about it. Following his own instincts, Fritts decided a few weeks ago to establish a legal defense fund for dairy producers just in case things turned from bad to worse.

Turns out that Fritts's instincts were far better than some regarding his decision to prepare ahead of time and put a plan into action. With the news on April 29 that eight of the original 10 dairy threats had turned into actual lawsuits, thanks to Fritts,' dairymen now have somewhere to start should they decide to launch a defensive campaign against Waco.

The one thing that kept sticking in Fritts' mind all along was, "Waco must not prevail." Drawing on that conclusion, he willingly contributed $5,000 dollars to establish a legal defense fund for dairy support he hopes others will contribute to also.

As president and owner of Gorman Milling since 1969, Fritts has been in the feed business for a total of 43 years. During those years, he has dealt with numerous dairy customers of whom he credits for the continued success of his business. Although he's been keenly aware of the ongoing battle between dairy producers and the City of Waco, nothing has hit home as much as the most recent actions by Waco. Waco's threats struck a chord with him, foreshadowing an impact to his business and his private life.

In Fritts' way of thinking, it's better to be prepared, just in case the inevitable should occur. Suspecting that the initial letters of intent would become much more serious, Fritts' intuition paid off.

"Of course, we were hoping the suits would never be filed," he said. "But, I decided to go ahead with the fund after the those first letters were sent because some dairymen were already seeking attorneys for advice and attorneys are very expensive."

Fritts feels Waco cannot be allowed to win in this situation for several reasons. "It's not just the eight dairies I'm worried about. It's the entire dairy industry being threatened. If Waco's allowed to win, it will open the door for more lawsuits. Once this kind of suit is won, it could possibly set a precedent for other similar suits."

Fritts said dairies are vitally important to his livelihood and to Erath County's economy. Although his business is located in Gorman, Fritts is a resident of Erath County where he's lived since 1961. "This is my home place. My three sons graduated from Stephenville High School and attended Tarleton State University, with two of them graduating from there. My wife and I go to church in Stephenville and enjoy living there. As a resident, I know what impact the dairies have on Erath County's economy.

"Erath's economy has been great and I want to see it remain that way. According to a study made a few years ago, dairies accounted for more than one-third of the county's economy. Every business---like equipment or tractor dealers, restaurants, car dealerships, etc., are all getting dairy money. The unemployment rate is very good---at about 2%---and the county gets a lot off sales tax. I don't want to see this county threatened or under siege by Waco's actions."

Fritts feels strongly about protecting the county's number one economy. "This stuff by Waco has got to be stopped. The only way that can be done is to fight back and try to retain our economic status, as we've known it.

"There's more dairy support and dairy friends out there than most realize," Fritts said. "When I went to church a few weeks ago, several people who saw the legal defense ad in another paper came up to me and said I was doing the right thing and they agreed that the dairies need to be supported in this. That positive response showed me there are a lot of people out there who care what happens and are concerned about it."

Fritts' actions to establish a legal defense fund caught the attention of another successful businessman to join in this latest effort toward dairy support. Harry Bradberry, owner of Bradberry's Best in Dublin and co-owner with J.D. Evans of KCUB radio station in Stephenville, has offered to conduct several remote broadcasts free-of-charge at area agribusinesses.

Bradberry has been in the agribusiness industry for more than 45 years and purchased the radio station along with Evans last year. He agrees with Fritts in supporting the legal fund that will help dairy producers fight back.

"KCUB is ready and prepared to start our remote broadcasts. Since Waco decided to follow through with these lawsuits, we are putting our plan into action." The plan, he explained, is to begin remote broadcasts at individual agribusinesses to initiate a "fight back" effort that will involve the entire community.

"We've already established where these remote broadcasts will be done. It'll be just a matter of setting up."

Bradberry made it clear the radio station is 100% in support of the daries. "We had hoped Waco wouldn't file these suits, but since they have, we're prepared to do our part and enlist the rest of the community for support."

<<Back to the TOP>>
 

Special to the Texas Dairy Review—May 2, 2004

TCEQ Commissioner Larry Soward in a late interview on Sunday evening expressed his views on the lawsuits filed by Waco against eight Bosque River watershed dairies on Thurs., April 29, 2004.

"Since Waco has filed these lawsuits under the federal Clean Water Act statute, the EPA has the right to intervene in the suit and it is reasonable to say they will probably do that.

"We are in the process of discussing intervening in the lawsuit with the EPA so that the court proceedings are not driven by the City of Waco. We feel it's important for the agency to intervene so that all facts are on the table. The program is delegated to us (TCEQ) by the EPA and I have a strong feeling the state's attorney general's office will allow us to do that."

Soward said that while the federal lawsuit may make it appear the State of Texas has not been doing what needs to be done, "EPA will concur that we've been doing our jobs and that the process is in place to address enforcement actions," Soward said.

Soward said after Waco's initial efforts that threatened to sue ten dairies, his staff briefed him on the records of the individual dairies. He said based on what Waco alleged, there were 212 total violations on those ten dairies. "However, the TCEQ was pursuing only 17 enforcement actions against 17 violations of those 212 that Waco alleged. All the other violations have been resolved or we didn’t' find evidence to support the allegations. Since then, I have visited with the EPA about this and the EPA has not expressed objections or concerns about what we've been doing."

Soward said he had hoped all parties including dairies, the TCEQ, and the City of Waco could work together on addressing issues on an amicable basis rather than ending up in the courthouse as adversaries. "We had made progress working together on the CAFO rules and individual permits but apparently Waco prefers to go to the courthouse about these issues.

"My attitude has not changed since the time before when the City of Waco sent out those letters of intent to sue," he said. "I was disappointed to see that happen just as I am to see this most recent action.

"We will continue to work with folks to address these issues," Soward said.

<<Back to the TOP>>