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| "The Dairyman's Number One Choice in Newspapers" | |||
| Serving Texas, New Mexico, Oklahoma, Arizona & Kansas | |||
| VOLUME XIV, NO. 7 |
JULY 2005 |
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McLennan County coal-fired power plant draws varied group
protests
PHYSICIANS GROUP SUES DAIRY INDUSTRY
THOUSANDS TURN OUT FOR DAIRYFEST FUN |
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| McLennan County coal-fired power plant draws varied group protests | |
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LS Power, the plant’s building firm, received a draft air permit fr9om the Texas Commission on Environmental Quality (TCEQ) in March 2005 that is being opposed in a contested case hearing tentatively scheduled for January 2006. The plant has applied for a second state permit from the TCEQ regarding wastewater. The plant has applied for a second state permit from the TCEQ regarding wastewater. Both permits must have final approval from the state before construction can being. The proposed plant is to be built on a 700-acre plot near Riesel, a rural area, located about 10-15 miles south of Waco. The courtroom was nearly packed when the group met before State Office of Administration Hearings (SOAH) Judge Lilo Pomerleau who made informal remarks to concerned parties about matters on the hearing process and not protest. The $1.2 billion plant has been the subject of controversy since it was first proposed in Sept. 2003. Opposition to the plant is led by Ricky Bates and Robert Cervenka, co-chairmen of Texans Protecting Our Water, Environment and Resources (TPOWER) and other members who claim emissions from the plant will produce environmental, health, and economical problems. “I think we did very well at the hearing,” said Cervenka, owner of a 400 head commercial cow/calf operation located on 2,800 acres east of Waco. In addition to TPOWER, other organizations who gained party status include Blue Skies Alliance of north central Texas, and Austin organizations: Sustainable Energy and Economic Development (SEED) Coalition, Public Citizen, and Environmental Defense Systems (EDS). Four or five individuals also gained party status, Cervenka said. The City of Waco and McClennan County offered LS Power Company based in St. Louis, a $5 million incentive from a joint economic development fund to locate the plant in McClennan County. LS Power officials, who have dubbed the plant Sandy Creek Energy Associates, L. P. Station, said the plant would facilitate electricity for 80,000 residences. It will be fueled by coal that is mined in the Powder River Basin of Wyoming and Montana and shipped by rail to the site. Although there has been a recent flurry of drilling for natural gas throughout the state of Texas, LS Power said coal is more abundant and more economical than oil or gas. “We didn’t find out in the hearing how big of a radius emissions from the plant will cover, but it could reach as far as Dallas and Fort Worth,” Cervenka said. “It will definitely be a threat to Riesel residents and the surrounding area,” he added. Cervenka said it’s ironic that Waco is promoting a plant that will cause severe and hazardous emissions to their own citizens when they’ve been suing dairies 80 miles upstream for phosphorus pollution. The City of Waco filed lawsuits against 14 Bosque River dairies last year for phosphorus from cow manure they claim trickles into the Bosque River and dumps into Lake Waco, the city’s main source of drinking water. In the suits, the city claims the phosphorus makes their drinking water taste bad and smell foul. At the onset of the lawsuits, Waco drew criticisms nationally and statewide for their actions from state and federal agencies and agriculture groups who had been working hard to devise better environmental practices for the dairies. Of the 14 dairies, six still remain in the suit at present. “This power plant is a lot greater source of pollution than the dairies could ever be,” Cervenka said. “I’d just like to let the dairies know that that all the things that Waco has claimed about phosphorus from dairy manure can’t compare to what they’re planning to do to all of us. “Coal plants are dirty and filthy. They don’t clean up as well as gas plants and since 1988, there hasn’t been a new permit issued for a coal plant in the state. We don’t want this plant to set a precedent.” According to a toxic release inventory report, coal burning power plants are the largest source (34%) of mercury waste. In the year 2002, Texas utilities reported 9,840 pounds of mercury emissions, the highest for any state in the nation. Texas has over 10% of the nation’s total mercury emissions from coal plants. |
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| OKLAHOMA POULTRY INDUSTRY PARALLELS BOSQUE RIVER SUITS | |
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As anyone might have surmised, Waco’s lawsuit against Bosque River dairies that has gotten national attention over the past year, may have opened up a can of worms elsewhere in the U.S., more specifically---with one of our bordering neighbors to the north. Oklahoma Attorney General Drew Edmondson, in mid-June, announced his office had filed a lawsuit against several poultry companies for polluting the state’s waters. All too familiar to Bosque River dairymen, the complaint alleges violations of the federal Comprehensive Environmental Response Compensation & Liability Act (CERCLA), state and federal nuisance laws, trespass and Oklahoma environmental quality and agriculture codes. Named in the suit are some of the country’s largest providers of chicken, turkey and eggs to consumer in the U.S: Tyson Foods, Inc., and their poultry operations; Cobb-Vantress Inc., Aviagen Inc., Cal-Maine Foods and Cal-Maine Farms, Inc., Cargill Incl and Cargill Turkey Production, LLC., George’s Inc., George’s Farms, Inc., Peterson Farms, Inc., Simmons Foods Inc., and Willow Brook Foods, Inc. The suit claims runoff from improper handling of poultry waste has polluted Oklahoma streams and lakes. The suit, filed in U.S. District Court for the Northern District of Oklahoma, address pollution in the Illinois River watershed that consists of more than one million acres of land in Arkansas and Oklahoma. The river watershed serves as a source of drinking water for 22 public water supplies in eastern Oklahoma. “It all comes down to pollution,” Edmondson said. “too much poultry waste is being dumped on the ground and ends up in the water. That’s against the law.” Edmondson said he understands that many hardworking Oklahomans are employed by the poultry industry and that a viable industry is important to their futures. “I also understand that the poultry companies can conduct their business in compliance with the law and remain viable---if they choose to do so.” He also said that filing the lawsuit does not mean he has given up on negotiations or mediation. Janet Wilkerson of Peterson Farms and spokesperson for the companies was obviously dismayed by the AG actions. “How can the state take the position that these poultry farmers have been using poultry litter exactly as the state’s regulations tell them to, then turn around and claim that they are lawbreakers? We know better than that and we think most Oklahomans do, too,” she said. Wilkerson pointed out that the poultry industry provides 12,000 Oklahoma jobs. “While we’re doing everything humanely possible to avoid going to court, our attorneys tell us that when the facts come out and the court applies the law, the poultry industry’s position will be proven correct,” she said. But, said filing the lawsuit does not mean he has given up on negotiation or mediation. |
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USDA AND STATE OFFICIALS REPORT BSE TEXAS COW NO RISK TO HUMAN FOOD CHAIN |
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USDA and state officials reported on June 29 that DNA has confirmed the 12-year old cow that tested positive for Bovine Spongiform encephathology (BSE) was a Brahma-cross, born and raised in a Texas herd. USDA Chief Veterinarian John Clifford said the cow was sent to a 3D/4D pet food plant in Texas and was selected for sampling on arrival. Although officials declined to identify the specific 3D/4D pet food facility, in response to a question, Clifford identified the pet food facility as being in Waco. Clifford and other officials emphasized the animal did not enter the human food chain.” The plant at which this animal was sampled is a 3D/4D pet food plant that does not handle animals for human consumption, and,in this case, did not use the animal in the production of pet food. The animal remains were incinerated,” Clifford said, adding the safety of the U.S. food supply is not at risk. Clifford said the testing and tracking efforts may yield other information as to how this animal became infected. He and USDA Agriculture Secretary Mike Johanns are confident the interlocking safeguards and the BSE enhanced surveillance program are effective, as evidenced by this latest BSE case. The USDA is currently testing about 1,000 cattle per day---nearly 400,000 to date as a part of the BSE enhanced surveillance program put into place last year. “Frankly, we have said all along that we expected additional positive test results,” Johanns said. “One positive result out of 388,000 tests in our enhanced surveillance program indicates that the presence of the disease is extremely, extremely low in the US.” Clifford said USDA safeguards ensure that American beef is among the safest in the world.Jason Beyer, owner of ABF Packing Company in Stephenville said he agrees with USDA and state officials,even though he was initially concerned when he heard the news about the latest BSE case, especially when learning it was from a Texas herd. “I was concerned about what impact it could have on the Texas cattle industry and on my company, in particular. But, as long as you’re testing, you’re going to find it.” Beyer said he feels confident that BSE is a low risk.”We’ve got safeguards in place and what we’re doing is working,” he said. ABF Packing Company, in business for nine years, currently slaughters 150 head per day. Beyer is an active member of the Texas Beef Council and is foundation trustee for the Southwest Meat Association. “According to reports, it looks like Japan and Korea are going to remain strong in their agreements to reopen trade. I personally feel we need to get the Canadian border reopened so they can come in here and slaughter cows in the U.S. We’re getting Canadian boxed beef loads day after day, so it won’t really affect the U.S. market if the border reopens.” The 2003 BSE incident caused a global scare that led American beef sales to decline more than 90% when dozens of nations halted imports. Testing in this latest BSE case was done in Weybridge, England, using the Western blot test that confirmed the presence of BSE in a brain tissue sample of the beef cow that had previously been cleared of BSE in testing last November. The animal was among three animals that showed test results to be inconclusive using the BioRad quick test. Further testing at that time by the USDA in Ames IA., using USDA’s immunohistochemistry (IHC) testing, ruled the sample negative. Johanns explained that conflicting test results do not necessarily mean error. There are many factors to consider. The Weybridge laboratory, recognized by the World Animal Health Organization as a world reference laboratory for BSE, indicated the animal had a very low level of abnormal prion protein in the brain, making them more difficult to detect. Additionally, the abnormalities were isolated, making it possible for one sample to test negative while another sample might test positive. USDA said the diseased animal, like the 2003 case, was born before the government’s 1997 ban on the use of nerve tissue from cattle in cattle feed, the means for which mad cow disease is transmitted between animals. Scrutinizing this most recent BSE case, R-Calf USA voices a different opinion of the USDA’s safeguards. The organization that has fought to keep the Canadian border from reopening, announced recently that it has called on the Bush Administration and Congress to direct the USDA, the Food and Drug Administration (FDA), and the Dept. of Health and Human Services (HHS) to prevent BSE from infecting domestic cattle or posing a risk to consumers by adopting and enforcing additional BSE safeguards. The last case of BSE in the U.S. was reported in December 2003. |
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| PHYSICIANS GROUP SUES DAIRY INDUSTRY | |
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Two major lawsuits were filed on June 28 by the Physicians Committee for Responsibile Medicine (PCRM) against the dairy industry in an effort to stop an advertising campaign that PCRM claims is misleading and deceptive to dairy product consumers. PCRM contends the dairy industry advertising campaign falsely claims that milk facilitates weight loss. PCRM charges that three main dairy industry trade groups---the International Dairy Foods Association (IDFA), National Dairy Council and Dairy Management, Inc., and international food giants Kraft Foods, General Mills, and Dannon, are misleading consumers with deceptive advertising that makes scientifically unsubstantiated claims about the effect of dairy products on weight-loss. McNeill Nutritionals, LLC, the maker of Lactaid, and LifeWay Foods, the manufacturer of a yogurt-like beverage called kefir, are also named as defendants. PCRM filed the suits on behalf of Catherine Holmes, a Virginia resident, who relied on these false claims and actually gained weight while following recommendations contained in a series of dairy weight-loss ads. The suits---one for money damages, the other a class-action suit seeking injunctive relief---were filed in Alexandria Circuit Court in Virginia. International Dairy Food Association (IDFA) officials have addressed PCRM’s claims saying the industry’s advertising campaign is based on valid and factual information and research derived from the USDa and nutrition experts. National Dairy Council spokesperson Teresa Wagner said research indicates that adults who get three servings of milk and milk products each day and follow a reduced-calorie diet are more successful at weight management and weight loss than those who don’t. “We’ve worked with the USDA and nutritionists to communicate to adults that eating three servings each day of milk, cheese or yogurt, may help in their weight loss efforts when coupled with calorie restricition. This is not a dairy diet. It’s a recommendation that people shoudn’t cut out milk and dairy products when they’re trying to lose weight.” Wagner pointed out that the 2005 Dietary Guidelines recommend Americans include three servings of fat-free or lowfat milk and milk products in their diet each day to ensure adequate consumption of important hutrients such as Vitamin A, magnesium and potassium. Dan Kinburn, PCRM senior legal counsel said the dairy industry is duping overweight Americans into believing that milk and other dairy are the “magic bullet” to weight control in order to stem declining milk sales and boost their bottom line. “We are serving notice with these lawsuits that we will not continue to let these false health claims go unchallenged,” he said. Wagner pointed out that dairy organizations are not necessarily surprised at the attack by PCRM, considering the group’s history of irresponsible tactics. “PCRM is an anti-meat, anti-dairy group whose campaigns and views are closely aligned with the animal rights group, “People for the Ethical Treatment of Animals (PETA),” dairy officials said. |
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| DPNM trade show: short, sweet, & to the point | |
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Texas has always been known for its braggin’ but, I just don’t think there’s anywhere in this state that can top Ruidoso, New Mexico. If you’ve been to Ruidoso, then you know what Heaven is like. Fresh air, cool nights, and rustling pine trees nestled among breathtaking mountains is something to brag about. And what better place for New Mexico dairy producers to hold their annual trade show? There’s nowhere else in the country that is a better enticement for exhibitors and visitors to participate in their annual trade show held each year in the quaint and glorious little city and its surroundings. More than 100 exhibitors showed up for this year’s event where they displayed and exhibited their equipment, products, and services. The one-day show was sponsored by Dairy Producers of New Mexico (DPNM) based in Roswell. Short, sweet and to the point, the day began with a DPNM meeting followed by the opening of the show at 9:a.m. The show broke down about 3:30 and followed up with a reception at 4 p.m. A golf tournament was held the following day at Inn of the Mountain Gods Golf Course. |
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| THOUSANDS TURN OUT FOR DAIRYFEST FUN | |
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“Udder fun” for all best describes this year’s DairyFest held on Sat., June 17, at Stephenville City Park. TriCounty Agribusiness Association (TCAA), the host organization for the annual event, was pleased with the huge turnout that allowed community members to celebrate the influence of the area dairy industry on local economies. Thousands of festival-goers filled up on a variety of delicious dairy products while enjoying dairy related games and entertainment. The celebration was made possible by the many dairy farm families in the tricounty area and businesses and organizations who contributed their time or financial support to help with the annual event. Prior to DairyFest, TCAA hosted their annual Dairy Golf Tournament on June 2 at Par Country Club in Comanche. All golfers, great and small, turned up to exhibit their talents and vie for cash money. The Longest Drive, $100, went to Byron Anderson, KSTV team. Closest to the Pin , $100, went to Britanny Smith, Comanche National Bank. As always, someone’s got to come in last place and this year’s Milk Dud Award went to United Cooperative Services Team: Larry Rainwater, Kerri Everett, Craig Smith and Jake Brooks. First Flight: 1st Place, $400: Eddie Ray Johnson, Dean Mayfield, Junior Savage, and Pete Whitefield. 2nd Place, $200: 1st National Bank of Dublin Team: Robert Campbell, Andrew Kinser, Jimmy Leatherwood and Rod McNeal. 3rd Place, $100: Jam Dot Dairy/Saginaw Flakes Team John, Stephanie, and Ricky Traweek and Zach Farr. Second Flight: 1st Place, $400: Bruce Pittard, Chad Ransberger, Jace Staggs, and Jeff Vaughn. 2nd Place, $200: KSTV/KYOX Team Justin Haschke, Pam Niblett, Byron Anderson, and Boots Elliott. 3rd Place, $100: Novartis Team, Dennis Stocksen, Cam King, Wade King, and Rick Nelson. |
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| Good idea results in “Beef Up Our Troops” campaign | |
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When Don Taylor, sales rep and distributor for SarTec Corp., was traveling through Kansas selling additives to beef producers, an idea emerged that was as bright as a light bulb going off in his head. During the hours on the road, Taylor had begun to think of ways to support U.S. troops over in Iraq. He said his first thought was to find a way to send steaks to the troops for Christmas. “I was feeling very patriotic---thinking what we could do for them,” Taylor said. “It seemed silly, but I knew that if we could get the farmers and ranchers in the industry to step forward, we could do something that would make a statement that we’re behind our troops.” While the steak idea didn’t pan out, a veteran who had returned from active duty in Iraq said sending beef jerky would be the best idea. Taylor took the idea to Larry McNeff, president of SarTec based in Anoka, Minn. McNeff shared Taylor’s idea with a company salesman in Colorado, who passed it along to the Colorado Beef Council. The United Service Organization and other groups began raising money for the project dubbed, “Beef Up Our Troops.” As a result, the fundraising proceeds were used to purchase $170,000 worth of jerky that the USO included in care packages shipped to soldiers stationed overseas. |
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