Energy + Environment Archives • Missouri Independent https://missouriindependent.com/category/energy-environment/ We show you the state Tue, 15 Oct 2024 16:20:30 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://missouriindependent.com/wp-content/uploads/2020/09/cropped-Social-square-Missouri-Independent-32x32.png Energy + Environment Archives • Missouri Independent https://missouriindependent.com/category/energy-environment/ 32 32 Grain Belt Express clears another legal hurdle with Missouri appeals court ruling https://missouriindependent.com/briefs/grain-belt-express-clears-another-legal-hurdle-with-missouri-appeals-court-ruling/ Tue, 15 Oct 2024 16:20:30 +0000 https://missouriindependent.com/?post_type=briefs&p=22330

Grain Belt will be constructed by Chicago-based Invenergy and be a 5,000 megawatt line to move wind-derived power from western Kansas to the Indiana border (Getty Images).

Chariton County cannot block construction of the Grain Belt Express electric transmission line by refusing permission to cross county roads, the Missouri Western District Court of Appeals ruled Tuesday.

The county can establish rules for how the transmission line crosses its roads, the court ruled as it modified a trial court decision that said the county could make no regulations at all.

“The decision as to whether Grain Belt’s overhead transmission lines for the project would be constructed across Chariton County’s public roads was already made by the (Missouri Public Service Commission) when it issued its Report and Order on Remand granting the (certificate of convenience and necessity) and approving the final proposed route of the project,” Judge Lisa White Hardwick wrote in the unanimous decision of the three-judge panel.

Grain Belt will be constructed by Chicago-based Invenergy and be a 5,000 megawatt line to move wind-derived power from western Kansas to the Indiana border. Half the power it carries will be delivered to Missouri utilities.

At first welcomed by many of the counties it will cross in north Missouri, the line has become controversial with complaints about aesthetics, whether high-voltage lines cause health issues and the power of the Public Service Commission to grant eminent domain power to obtain land for construction.

Republican legislators and agricultural groups tried repeatedly to strip Grain Belt’s right of eminent domain, which would have killed the project. But in 2022, lawmakers passed compromise legislation requiring, in the event of future large transmission lines, greater compensation for landowners and setting a seven-year time limit for companies to build transmission lines after obtaining their easements. 

Grain Belt’s disagreements with Chariton County began in 2014, Hardwick wrote in the decision, two years after it had initially received consent from the Chariton County Commission to cross its county-owned roads. Chariton County withdrew its consent and made it contingent upon the PSC approving the project.

When it received initial approval from the PSC, Grain Belt’s owners tried to negotiate with Chariton County. When it refused again to give its consent, the lawsuit followed.

Associate Circuit Judge Daren Adkins, assigned to the case from Daviess County, ruled that a state law barring counties from adopting ordinances “governing” utilities within their boundaries meant that an older law, requiring utilities to obtain consent from utilities to go “through, on, under or across” its roads could not be enforced.

The decision Tuesday modified that ruling. The law prohibiting an ordinance governing a utility is designed to protect against local rules that are in conflict with state rules, the court said.

But it doesn’t mean the law requiring consent to cross a road doesn’t have any effect, Hardwick wrote. The county can set standards but it cannot withhold its consent, she wrote.

“A fair interpretation is that (law) requires a county commission’s agreement regarding how a utility’s infrastructure will be constructed across the county’s public roads,” she wrote “not whether such utility’s infrastructure will be constructed across the county’s public roads in the first place.”

Overall utility policy is set at the state level, not the county level, she wrote.

“Doing so usurps the authority granted the MPSC in Chapter 386,” she wrote, “and exercises a power granted to the county in a manner contrary to the public policy of this state.”

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Rural Missouri groups threaten lawsuit over PFAS in meatpacking sludge https://missouriindependent.com/2024/10/11/rural-missouri-groups-threaten-lawsuit-over-pfas-in-meatpacking-sludge/ https://missouriindependent.com/2024/10/11/rural-missouri-groups-threaten-lawsuit-over-pfas-in-meatpacking-sludge/#respond Fri, 11 Oct 2024 15:00:01 +0000 https://missouriindependent.com/?p=22290

Rural groups are suing the state, saying meatpacking sludge spread on farmland as free fertilizer contains PFAS (USGAO/Wikipedia).

Industrial sludge often offered to Missouri farms as free fertilizer contains “forever chemicals,” several groups threatening to sue the state allege.

Two advocacy groups along with a mid-Missouri farmer notified several sludge providers and the Missouri Department of Natural Resources of their intent to sue in a letter dated Wednesday, saying the waste presents “an imminent and substantial endangerment to the environment and public health.” 

Rural neighbors have reached out to lawyers and state lawmakers in recent months, looking to halt the use of industrial sludge as fertilizer, saying its stench is unbearable and it puts waterways at risk of contamination. 

“It smells like guts and sh*t,” said Donald Craig, a Randolph County farmer, “and it’s just disgusting. It’s horrid.” 

Now, Craig and two rural advocacy groups argue application of the sludge, which typically includes animal residuals from meatpacking, violates the environmental laws because of the PFAS. He said that’s what worries him — the PFAS seeping into the soil and groundwater.

“That’s where we get our water from,” he said, “and I just know it’s not a good thing for our environment.” 

Craig’s fellow plaintiffs are Stop Land Use Damaging Our Ground and Environment — or S.L.U.D.G.E. — and Citizens of Randolph County Against Pollution, known as C.R.A.P.

They say the sludge contains polyfluoroalkyl substances, or PFAS — also known as forever chemicals — which are a class of synthetic substances that don’t break down easily and, as a result, linger in the environment. 

The chemicals — used for years in nonstick cookware, cleaning products, waterproof fabrics and firefighting foams, among other applications — can increase the risk of cancer, increased cholesterol and immune system damage.

According to the notice of intent to sue, two companies that apply industrial sludge — Arkansas-based Denali Water Solutions and Maryland-based Synagro — have both admitted there may be PFAS in the sludge they provide. 

The notice cites minutes from a McDonald County Commission meeting in July 2022 when a Denali representative said their sludge may include PFAS.

“However, from the same testimony, it appears Denali has not been testing the industrial wastes it is disposing of through land application,” the notice says. 

Denali declined to comment.

Synagro, in a report posted to its website in August, called itself a “passive receiver” of PFAS when it collects waste. In the same report, it says it’s partnering with a company to test its PFAS-destroying technology and expanding service offerings to remove PFAS and other contaminants. 

Synagro did not immediately return a request for comment.

The notice of intent to sue also takes the Missouri Department of Natural Resources to task for proposed regulations that will require sludge companies to test their material for PFAS. If the chemicals are found, the report says, the companies will be allowed to apply the material but must test the soil twice a year. Soil concentrations, it says, must not exceed federal standards.

“DNR has knowingly allowed,” the notice says, “and will apparently continue to allow the foregoing companies to land-apply industrial wastes containing PFAS in Missouri.”

DNR said it does not comment on pending litigation.

The notice of intent to sue requests that the state prohibit land application of industrial waste and that the companies stop spreading the sludge. If they do not comply by Dec. 12, attorneys for S.L.U.D.G.E., C.R.A.P. and Craig say they will seek a court order.

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Ameren Missouri’s Rush Island coal plant to close following years-long litigation https://missouriindependent.com/2024/10/11/ameren-missouris-rush-island-coal-plant-to-close-following-years-long-litigation/ https://missouriindependent.com/2024/10/11/ameren-missouris-rush-island-coal-plant-to-close-following-years-long-litigation/#respond Fri, 11 Oct 2024 13:00:38 +0000 https://missouriindependent.com/?p=22285

The Rush Island Energy Center on the Mississippi River will close following a federal court ruling (photo courtesy of Ameren Missouri).

One of Ameren Missouri’s largest coal plants will shut down Tuesday after more than 13 years of litigation over its failure to comply with federal clean air regulations. 

The St. Louis-based electric utility will retire the Rush Island Energy Center, a two-unit 1,178-megawatt coal plant on the banks of the Mississippi River in Jefferson County, which operated for years in violation of the Clean Air Act. 

Ameren, which serves 1.2 million customers in Missouri, announced in 2021 it would retire the plant 15 years early rather than install pollution controls ordered by a federal court.

Once the plant shuts down, the company will start disconnecting the plant from power, move equipment out to Ameren’s other coal plants and ready it for demolition, said Tim Lafser, Ameren’s vice president of power operations and engineering.

“We’re guessing three to six months of activity there before we would be to the point where we could turn it over to a demolition contractor to knock the plant down,” Lafser said.

But knocking down Rush Island doesn’t mark the end of the litigation over its clean air violations. Ameren is still negotiating with federal prosecutors and environmental advocates over how to make up for more than a decade of illegal sulfur dioxide pollution. 

Gretchen Waddell Barwick, director of the Missouri chapter of the environmental nonprofit Sierra Club, said simply retiring Rush Island doesn’t resolve the injustices suffered by communities downwind of the coal plant.

“I don’t think that justice has been served here,” Waddell Barwick said, “but I am pleased for the people in the community that will see their suffering (lessen).” 

Lafser declined to comment on the litigation, saying it would be inappropriate to comment on an ongoing case. 

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Rush Island, built in the mid-1970s, narrowly avoided a 1977 update to the Clean Air Act requiring pollution controls at newly-constructed coal plants. Older plants were grandfathered into the rule unless they made upgrades beyond routine maintenance.

Ameren updated Rush Island’s two units in 2007 and 2010 but didn’t install pollution controls, violating the 1977 Clean Air Act update and sparking a lawsuit by the U.S. Attorney’s Office.

In 2019, U.S. District Court Judge for the Eastern District of MIssouri Rodney Sippel ordered Ameren to obtain a permit, install scrubbers and lower its sulfur dioxide emissions. Sippel also ordered Ameren to install scrubbers to temporarily lower sulfur dioxide emissions at its larger Labadie Energy Center in Franklin County to make up for the excess emissions at Rush Island.

The 8th Circuit U.S. Court of Appeals in 2021 upheld Sippel’s order requiring Ameren to install scrubbers, but struck down the requirement at Labadie.

Later in 2021, Ameren announced it would retire Rush Island. It argued the retirement should mark the resolution of the lawsuit. But Sippel ordered Ameren and prosecutors to negotiate potential mitigation measures to make up for the sulfur dioxide emissions, which he said “harm public health and the environment, contribute to premature deaths, asthma attacks, acid rain and other adverse effects in downwind communities, including the St. Louis Metropolitan Area.”

Sippel’s order, issued in June, said over the 14 years since Rush Island’s second unit was updated without scrubbers installed, it has released 275,000 tons of sulfur dioxide. Ameren argues the figure is closer to 256,000 tons. 

According to Sippel’s order, Ameren has repeatedly resisted further mitigation beyond retiring Rush Island. It argued there was “no equitable remedy” to the unpermitted pollution and that retiring Rush Island mitigates the harm from its emissions.

“Ameren’s position that an equitable remedy is not available for its unlawful pollution has already been rejected three times,” Sippel wrote. “And, over the course of several hearings, I have informed Ameren that its retirement of Rush Island does not mitigate the massive pollution it released into the atmosphere.”

Correction: This story has been updated to accurately reflect the date of the closure. 

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Regenerative farming practices require unlearning past advice https://missouriindependent.com/2024/10/10/regenerative-farming-practices-require-unlearning-past-advice/ https://missouriindependent.com/2024/10/10/regenerative-farming-practices-require-unlearning-past-advice/#respond Thu, 10 Oct 2024 18:17:15 +0000 https://missouriindependent.com/?p=22279

Josh Payne closes the electric fence after 1,000 sheep pass through to a fresh paddock Sept. 3 at the Payne family farm in Concordia. Payne said that moving 1,000 sheep from paddock to paddock is easier than moving a small number (Cory W. MacNeil/Missourian).

Early on a cool September morning, farmer Josh Payne tends to his flock in Concordia, just east of Kansas City.  As Payne opens the gate, about a thousand sheep round the corner and bound into fresh grass.

The pasture the flock grazes was once corn and soybeans, along with the rest of the Payne family farm. Josh’s grandfather Charles Payne cultivated nearly a thousand acres of row crops for decades.

But as Josh Payne took over managing the property about 15 years ago, that wasn’t going to work anymore.

“I found out I’m allergic to herbicide,” he said. “My throat would swell shut three or four times a week during harvest.”

Payne wanted to transition the farm to regenerative agriculture — a movement that aims to revive farmland soil and by extension the ecosystem and the small farm economy.

He hoped that by changing what and how they farmed, it would reduce the need for chemical inputs and farm with nature. Josh told his grandfather they should use cover crops, graze sheep and plant an orchard. But Charles Payne wasn’t having it.

“I’m like, ‘Grandpa, we should do this.’ He’s like, ‘No, we’re not planting trees!’” Josh Payne said. “Literally. His phrase was, ‘I spent my whole life tearing out trees. We’re not gonna go plant them now.’”

Josh said he and his grandfather had similar disagreements, and even arguments, about many changes Josh hoped to make on the farm.

“We went through a really interesting process because I’m stubborn and he’s stubborn,” he said.

Mid-century farm revolution

Josh Payne returns to his truck after unhooking a portable shade he towed to a fresh pasture where the sheep will graze for three days, then move again on Sept. 3 at the Payne family farm in Concordia. Payne, who had once thought of raising cattle, switched to sheep after a suggestion at a farming conference, then confirmed by a banker he met at a fencing supplier who elaborated on the economics of cattle versus sheep (Cory W. MacNeil/Missourian).

Charles Payne, 96, came of age during an industrial and chemical revolution in agriculture. Like countless other Midwestern farmers, he heeded the advice from industry and government leaders to “plant fence row to fence row” to increase the production of commodities.

“And that’s what we did … tore out all the fences and hedgerows,” Charles Payne said. “Now I wish I had some of them back.”

U.S. agriculture production tripled in the latter half of the 20th century, due in part to chemical inputs. But that came with an environmental cost — soil degradation, water quality issues and a loss of biodiversity.

The resurgence of regenerative or environmentally sustainable agriculture is partially a response to the industry’s contribution to climate change and its susceptibility to it. There’s now a surge of funding, research and education to figure out how to scale regenerative agriculture and turn away from equipment and chemically intensive ways of cultivating crops.

But University of Missouri rural sociologist Mary Hendrickson said the way Charles Payne farmed was also a result of policy, research and methods encouraged by the industry at the time. Before the ecological consequences were understood, chemical inputs were “miracles” for a farm.

“Everybody who was going to be an advanced, innovative farmer, they were using chemicals for weed control, for pest control, for all of these things,” she said.

Hendrickson said for a certain generation of farmers, their skepticism or resistance to regenerative agriculture is a result of their lived experience. “There’s a reason why somebody who has lived through that transition says, ‘Wait, you want me to go back to what?” Hendrickson said.

The advice Charles Payne’s grandchildren, Josh and his sister Jordan Welch, are getting is sometimes the exact opposite of what he was told in his day.

Hendrickson said this isn’t unique to agriculture. There are many things in life that people do differently than their grandparents’ generation — such as cooking, cleaning or child rearing.

“The things that my mother did to raise me were not in vogue when I was born, and they were (again) 20 years later,” she said.

Generational legacy

Josh Payne drives from the farm house to the sheep pasture Sept. 3 at the Payne family farm in Concordia. Payne described his journey from teaching high school to returning to the Payne family farm and his discovery of cover crops as an alternative to the herbicides he’s allergic to (Cory W. MacNeil/Missourian).

Farming isn’t Josh Payne’s first vocation. After teaching English for years, he said he ended up back on the farm “completely accidentally” when his grandfather requested help managing the land about 15 years ago.

“When we got here it was a very, very conventional farm. Everything was commodity, corn and soy. Everything was Roundup ready. Everything was genetically modified,” Josh Payne said. “I call it growing nickels and dimes.”

Payne wasn’t exactly happy row cropping, and he was curious about trying other methods. But when he discovered his allergy to herbicides, it was a catalyst for change.

“Grandpa, I’m either going to have to go back to teaching or we’re going to have to completely change what we do,” he told Charles Payne.

The Paynes now rotationally graze their sheep among 800 chestnut trees — a method called “silvopasture,” which revives the soil by keeping living roots in the ground year round. They planted the trees eight years ago and are completing their third harvest.

Before the flock of sheep was added to the operation, the Paynes cultivated conventional crops in between the orchard rows that are spaced 30-feet apart — a regenerative method called alley cropping. The Paynes are still finding ways to grow and adapt, most recently by adding a produce garden.

Charles Payne has been farming the stretch of land in Concordia since 1956. He said corn, soy and wheat were the “going” crops at the time.

“We had some good years and we had some very poor years too,” he said.

Josh Payne said his grandfather has a deep knowledge of the land and the industry and now acts as a mentor and adviser to his grandkids.

Although he said he’s had to learn to bite his tongue at times during this transition, Charles Payne said he’s happy they are farming.

“That’s a good thing to have your grandkids farming where you left off,” Charles Payne said. “Of course, it’s a different way of farming, but they’re on the farm, and they seem to really enjoy it.”

For Charles and Josh Payne, the elder’s resistance to change and the younger’s desire for change were both motivated by the goal to keep the farm alive. Josh Payne said the markets for sheep and chestnuts are good and support jobs for him and his sister. He said they’re comparable to the markets his grandfather had for corn, soy and wheat decades ago.

“Grandpa, you made the right decisions for your time,” he said. “You were faithful to this land, to this place, to your family … but that just looks different now.”

Rural sociologist Hendrickson said in agriculture communities especially, there exists a generational pressure to farm and to succeed doing so.

“This identity as a farmer and the land and holding that for the next generation was significant for farmers,” she said.

For years farmers heard that to be successful in modern agriculture, they’d have to get big or get out. Payne thinks there’s another option.

“I think people either got to get big or get weird,” Josh Payne said. “We chose to get weird.”

‘The new old way’

Regenerative agriculture starts with the soil. The health of farm ground is connected to the financial viability and resiliency of the farm, said Chuck Rice, a professor at Kansas State University.

“We’ve lost 50% of our soil organic matter with 100 plus years of cultivation in the United States,” Rice said. “So we aren’t taking care of our soils.”

Methods like those Josh Payne has implemented on the Concordia farm revive — or regenerate — the soil and by extension the ecosystem. Regenerative agriculture methods aim to not only restore farmland to its prechemical and industrial state, but to help the land withstand the severe weather threats from climate change.

“Not only is the economy changing, but the climate’s changing,” Rice said. “I think if you’re staying with the same practices … ultimately you’re going to be losing out.”

Reducing or eliminating tillage of the soil, a practice called “no till,” is often the first step for farmers looking to operate more sustainably. Rice said market forces can sometimes jump start changes in the agriculture industry. In order to till fields, farmers need diesel fuel to power their equipment. That gas was highly priced during the 1970s fuel crisis, which made no till more popular, Rice said.

“There was a quick, rapid adoption of no till during that time period,” he said.

Two generations later, no till continues to steadily spread. Rice said Kansas farmers are leaders in no till operation, encompassing about 40% of the state’s farmed acres.

“We still haven’t reached its peak, but it’s one of the more common practices,” Rice said.

Cody Jolliff is a farm historian and the CEO of the Midwest Center for Regenerative Agriculture at Powell Gardens, a botanical garden in Kansas City.

The Powell Gardens’ Midwest Center for Regenerative Agriculture is creating a living laboratory for farmers to come to Kansas City and get hands-on experience in regenerative agriculture methods. Or as Jolliff said, to learn “the new old way” to farm.

He said in many ways, regenerative agriculture is a return to the farming of another era.

“It’s really interesting though, because as we are going to these super modern methods, they also have a lot of resemblance to old methods,” he said.

Before the Civil War, over half of the country’s residents were farmers, Jolliff said, and they worked with small parcels of land in diversified operations. The modern regenerative agriculture movement encourages that same type of farm diversification.

Jolliff said agriculture has changed before and can change again. He points to the success of the 1914 Smith-Lever Act that created the cooperative extension programs that work from land-grant universities to teach farmers across the nation.

“It takes a long, long time for agriculture methods to change,” he said. “This is not going to be an overnight thing. It’s a huge investment right now across the country into these practices.”

This story originally appeared in the Columbia Missourian. It can be republished in print or online. 

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FEMA chief decries rumors, disinformation about hurricane recovery as worst ever https://missouriindependent.com/2024/10/08/fema-chief-decries-rumors-disinformation-about-hurricane-recovery-as-worst-ever/ https://missouriindependent.com/2024/10/08/fema-chief-decries-rumors-disinformation-about-hurricane-recovery-as-worst-ever/#respond Tue, 08 Oct 2024 16:12:55 +0000 https://missouriindependent.com/?p=22240

The Rocky Broad River flows into Lake Lure and overflows the town with debris from Chimney Rock, North Carolina after heavy rains from Hurricane Helene on Sept. 28, 2024, in Lake Lure, North Carolina. Approximately 6 feet of debris piled on the bridge from Lake Lure to Chimney Rock, blocking access (Melissa Sue Gerrits/Getty Images).

WASHINGTON —   Federal Emergency Management Agency Administrator Deanne Criswell said Tuesday that rumors and disinformation will become a regular part of natural disaster response moving forward, and rebuked those seeking to benefit politically from spreading false information.

The volume and type of disinformation spreading about FEMA, as Southeast states struggle to recover from Hurricane Helene, is the worst Criswell said she has ever seen, following a “steady increase” in rumors following previous natural disasters.

Incorrect information about FEMA and its response to natural disasters has been spreading through numerous avenues, including social media, podcasts and Republican presidential nominee Donald Trump’s numerous comments and posts. Criswell did not name any politicians or other individuals during the call with reporters.

Meanwhile, Hurricane Milton is barrelling toward Florida’s Gulf Coast and expected to make landfall by Wednesday night. Meteorologists are warning the storm could be one of Florida’s worst. Thousands of people were evacuating Tuesday.

Criswell said she’s concerned the lies about various aspects of FEMA’s response to Hurricane Helene may have a chilling effect on whether people harmed by natural disasters apply for assistance. It could also potentially endanger first responders on the ground.

“It’s just really demoralizing to them. It hurts their morale and they’ve left their families to be able to come in here and help people,” she said of first responders and FEMA staff.

While no one has physically attacked FEMA staff or other emergency responders so far, Criswell said, she and others are closely monitoring misinformation as well as how people in areas hit by natural disasters react to it.

FEMA’s collaboration with local law enforcement can help to monitor safety and security issues, though rumors and disinformation could make matters worse, she said.

“If it creates so much fear that my staff don’t want to go out in the field, then we’re not going to be in a position where we can help people,” Criswell said, adding that she does have concerns about “the safety of our folks that are walking around in neighborhoods that may or may not have full confidence in the government.”

“And so we are watching that closely to make sure that we’re providing for their safety as well,” she said.

Helene brought devastation to multiple states including FloridaGeorgiaNorth Carolina, South CarolinaTennessee and  Virginia More than 230 deaths have been reported.

Storm victims

The rumors and inaccurate information about FEMA’s response and recovery efforts are “creating fear in some” people who are trying to navigate their way through the hurricane recovery process, Criswell said.

“I worry that they won’t apply for assistance, which means I can’t get them the necessary items they need,” Criswell said. “And so those are the biggest impacts I see as a result of this constant narrative that is more about politics than truly helping people.”

She said the current situation is worse than ever.

“We have always put up rumor control pages because there’s always been people that have been out there trying to take advantage of those that have just lost so much in creating false websites and trying to get their information and defrauding people and the federal government,” Criswell said. “And so not something that’s new, but the level of rhetoric just continues to rise.”

Following the Maui wildfires in August 2023, federal officials worked with local officials to help reassure Hawaiians the rumors and disinformation that spread following that disaster were not true.

Some of the disinformation about the Maui wildfires was from “foreign state actors,” Criswell said.

FEMA was eventually able to get federal assistance to everyone who needed it, but it took much longer than it would have otherwise, she said.

The first assistance people in hard-hit areas often receive from FEMA is a $750 payment meant to help with immediate needs like water, food, clothing and medicine.

There has been significant misinformation around that amount. Criswell clarified on the call that it’s the first installment from FEMA and that more assistance goes out to people affected by natural disasters as the recovery process moves forward.

“We know that they have immediate needs in the first few days, and it’s just an initial jump start to help them replace some of that,” Criswell said.

As FEMA gathers more information about property damage and other problems related to natural disasters, people will likely receive additional assistance for home repairs as well as the cost of staying in a hotel if their home was badly damaged.

FEMA then continues to work with people on longer-term needs, like rental assistance, if that’s needed.

FEMA has set up a webpage seeking to dispel rumors and disinformation about its response and recovery efforts.

It says that in most cases the money FEMA gives to disaster survivors does not have to be paid back and notes that the agency “cannot seize your property or land.”

“There are some less common situations in which you may have to pay FEMA back if you receive duplicate benefits from insurance or a grant from another source. For example, if you have insurance that covers your temporary housing costs, but you ask FEMA to advance you some money to help you pay for those costs while your insurance is delayed, you will need to pay that money back to FEMA after you receive your insurance settlement.”

The webpage also says that no funding for disaster recovery was diverted to address border security or immigration issues.

“This is false. No money is being diverted from disaster response needs. FEMA’s disaster response efforts and individual assistance is funded through the Disaster Relief Fund, which is a dedicated fund for disaster efforts. Disaster Relief Fund money has not been diverted to other, non-disaster related efforts.”

Funding questions

FEMA has plenty of funding to cover response and recovery efforts for the 100-plus open natural disasters throughout the country, but will need supplemental funding from Congress in the months ahead.

“I have enough funding to continue to support the response efforts for both of these events, and then continue to support the recovery efforts from all of the storms across the nation,” Criswell said, referring to Hurricanes Helene and Milton.

“However, I’m not going to be able to support those recoveries for long without a supplemental,” she added. “And we anticipate needing additional funding in the December, January time frame, or I’ll have to go back into what we call immediate needs funding again, where we pause obligations in our recovery projects to ensure that I can respond to an event like we’re seeing today.”

The first step for Congress to approve emergency funding for FEMA or any other federal agency is typically when the Office of Management and Budget sends a supplemental spending request to lawmakers on behalf of the White House.

Lawmakers can then choose to write legislation providing some, all, or more money than requested. They can also choose not to fund the emergency request, though that appears unlikely this time.

For the moment, FEMA has about $20 billion in its disaster relief fund, she said.

People who need assistance from FEMA should call 1-800-621-3362, register on https://www.disasterassistance.gov/ or fill out an application on the FEMA app.

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Energy and climate: Where do Harris and Trump stand? https://missouriindependent.com/2024/10/08/energy-and-climate-where-do-harris-and-trump-stand/ https://missouriindependent.com/2024/10/08/energy-and-climate-where-do-harris-and-trump-stand/#respond Tue, 08 Oct 2024 10:45:18 +0000 https://missouriindependent.com/?p=22234

A driver uses a fast-charging station for electric vehicles at John F. Kennedy airport on April 2, 2021 in New York City (Spencer Platt/Getty Images).

Highlighted in Joe Biden’s 2020 campaign as one of the major crises facing the country, climate change has received much less attention in the 2024 race for the presidency.

The candidates, Republican former President Donald Trump and Democratic Vice President Kamala Harris, share the twin goals of lowering energy costs and increasing U.S. jobs in the sector, but diverge widely in their plans to get there.

On the campaign trail, each has spent relatively little time detailing their own plans, instead criticizing the other as extreme.

Harris favors an expansion of renewable energy, which supplies power without the carbon emissions that are the primary driver of climate change.

She has touted her tie-breaking vote in the U.S. Senate to pass the Inflation Reduction Act, the broad domestic policy law Democrats pushed through along party lines that includes hundreds of millions in clean-energy tax credits.

Trump supports fossil fuel production, blaming policies to support renewable energy for rising energy prices. He has called for removing prohibitions on new oil and gas exploration to increase the supply of cheap fuel and reduce costs.

Promise: Promote fossil fuels

Both candidates promise to lower the cost of energy.

For Trump, that has involved hammering the Biden-Harris administration for encouraging renewable energy production.

Inflation was caused by “stupid spending for the Green New Deal, which was a green new scam, it turned out,” Trump said at a Sept. 26 press conference. “Do you notice that they never mention anything about environment anymore? What happened to the environment?”

The former president said at a Sept. 25 campaign stop he would “cut your energy (costs) in half,” by reducing regulations and cutting taxes.

He has not produced a detailed plan to achieve that goal.

Implicit in Trump’s argument is that the Biden administration’s focus on renewable energy has hampered oil and gas production, limiting supply and driving up prices.

But Harris has presented her support for renewable energy modes as part of a broader portfolio that includes fossil fuels.

Harris has highlighted the Inflation Reduction Act opened up new leases for oil and gas production while providing incentives for wind and solar power.

“I am proud that as vice president over the last four years, we have invested a trillion dollars in a clean energy economy while we have also increased domestic gas production to historic levels,” she said at a Sept. 10 ABC News debate with Trump.

A report this month from the U.S. Energy Information Administration showed that U.S. fossil fuel production reached an all-time high in 2023.

Promise: Promote renewables

Harris has also pointed to provisions of the IRA that provide consumers with tax benefits for green technology, such as home heat pumps, as a way to bring down costs.

“Thanks to tax credits on home energy technologies in the Inflation Reduction Act, more than 3.4 million American families saved $8.4 billion in 2023,” her campaign’s 82-page economic plan reads.

Trump also says he supports some climate-conscious technology, including megadonor Elon Musk’s Tesla brand of electric vehicles, but that Democrats have overinvested in non-fossil fuels.

He has called elements of the Inflation Reduction Act “giveaways,” and has singled out spending on electric vehicle charging infrastructure as wasteful.

Promise: Restore jobs

Biden has long talked about a transition away from fossil fuels as a benefit to U.S. workers, positioning them on the cutting edge of a growing industry.

Harris has similarly framed the issue in economic terms, saying the Inflation Reduction Act and other climate policies have created jobs.

“We have created over 800,000 new manufacturing jobs while I have been vice president,” she said at the Sept. 10 debate. “We have invested in clean energy to the point that we are opening up factories around the world.”

At a campaign stop in Pittsburgh, Pennsylvania, this month, Harris said Trump’s focus on fossil fuels would hamper job growth, saying he would “send thousands of good-paying clean energy jobs overseas.”

Trump and his running mate, Ohio Sen. J.D. Vance, have said Democrats’ focus on renewable energy sources has limited existing energy jobs.

“We’ve got great energy workers in Ohio and all across our country,” Vance said at an August campaign stop in his home state. “They want to earn a reasonable wage and they want to power the American economy. Why don’t we have a president that lets them do exactly that?

“Unleash American energy,” he said. “Drill, baby, drill and let’s turn the page on this craziness.”

Promise: Repeal Democrats’ climate law

Trump has had harsh words for Democrats’ climate law, blaming its spending for rising inflation.

“To further defeat inflation, my plan will terminate the Green New Deal, which I call the Green New Scam. Greatest scam in history, probably,” he told the Economic Club of New York in a Sept. 5 speech.

He said as president he would redirect any unspent funds in the law.

Trump has sought to distance himself from the policy blueprint Project 2025, written by the Heritage Institute.

But there is some overlap between what the conservative think tank has laid out and what Trump said he plans to do in a second term in the White House.

Project 2025 calls for repealing the Inflation Reduction Act, describing it as a subsidy to special interests.

Harris often mentions her tie-breaking vote for the law and has described her plans as president to expand on the law’s objectives.

Harris’ policy plan said she “proudly cast” the tie-breaking vote for the climate bill and that, as president, she would “continue to invest in a thriving clean energy economy.”

She added she would seek to improve that spending by cutting regulations “so that clean energy projects are completed quickly and efficiently in a manner that protects our environment and public health.”

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New Missouri House committee will investigate impact of St. Louis nuclear waste https://missouriindependent.com/2024/10/03/new-missouri-house-committee-will-investigate-impact-of-st-louis-nuclear-waste/ https://missouriindependent.com/2024/10/03/new-missouri-house-committee-will-investigate-impact-of-st-louis-nuclear-waste/#respond Thu, 03 Oct 2024 17:15:25 +0000 https://missouriindependent.com/?p=22185

A photo taken in 1960 of deteriorating steel drums containing radioactive residues near Coldwater Creek, by the Mallinckrodt-St. Louis Sites Task Force Working Group (State Historical Society of Missouri, Kay Drey Mallinckrodt Collection, 1943-2006).

Missouri lawmakers will convene a special committee to study the consequences of nuclear weapons production in the St. Louis area and recommend legislation for next year, House Speaker Dean Plocher announced Thursday. 

In a press release, Plocher said the Special Interim Committee on the Impact of U.S. Nuclear Weapon Programs on Missouri will allow “policymakers, health professionals, environmental experts and affected community members to document their concerns and develop legislative solutions.”

“Missouri has long felt the effects of nuclear weapons production, and it’s our responsibility to address the consequences head-on,” said Plocher, who represents part of St. Louis County.

The St. Louis area has struggled with the ramifications of nuclear weapons production since the development of the first atomic bomb. Workers refined uranium in downtown St. Louis as part of the Manhattan Project, which was used in the first successful nuclear chain reaction, which took place in Chicago.

But after the end of World War II, the waste from the bomb development was allowed to spread and pollute sites in St. Louis and St. Charles counties. 

Immediately after the war, the waste was transported haphazardly — with waste falling off trucks — to St. Louis County and dumped at the airport. Deteriorating barrels of radioactive waste polluted the site and leaked into Coldwater Creek. 

Heaps of radioactive material and debris were also dumped in a quarry in Weldon Spring, adjacent to the Missouri River. 

The waste was then taken to a nearby site — also along Coldwater Creek — where it remained exposed to the elements and continued to pollute the creek. It was sold so another company could extract precious metals from the waste, and the remaining radioactive material was dumped in the West Lake Landfill where it remains today.

The U.S. Army Corps of Engineers is overseeing the cleanup of Coldwater Creek, which is expected to last until 2038. The Environmental Protection Agency is overseeing the development of a plan to remediate the West Lake Landfill.

In the meantime, generations of St. Louis-area residents have been exposed to radioactivity from Coldwater Creek and the quarry where state Rep. Tricia Byrnes has said she would sneak in and swim as a teen. 

Byrnes will chair the interim committee. In the release, she said the committee will listen to “survivors, production workers and remediation workers to understand the real-world impact on their health and financial stability.” 

“We must take a comprehensive approach to address the lasting impact of nuclear weapons production in Missouri,” Byrnes said. “The health and well-being of our residents and the environment are at stake.”

The first meeting of the committee will take place Oct. 15 at from 11 a.m. to 2 p.m. at the Spencer Creek Library in St. Peters. 

Rep. Mark Matthiesen, a Republican from O’Fallon, will serve as vice chair of the committee, and Rep. Raychel Proudie, a Ferguson Democrat, will be ranking member.

The remaining members are Republican Reps. Don Mayhew, Renee Reuter and Richard West and Democratic Reps. Aaron Crossley and Ian Mackey.

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Farmers struggle with ‘bleak’ situation as Congress waffles on new Farm Bill https://missouriindependent.com/2024/09/30/farmers-struggle-with-bleak-situation-as-congress-waffles-on-new-farm-bill/ https://missouriindependent.com/2024/09/30/farmers-struggle-with-bleak-situation-as-congress-waffles-on-new-farm-bill/#respond Mon, 30 Sep 2024 10:55:40 +0000 https://missouriindependent.com/?p=22127

Corn sprouts in long rows in Wichita County, Kansas. With farm incomes on the decline, agricultural groups say a new federal Farm Bill is a must. (Allison Kite/Kansas Reflector)

The cost of fertilizer is up; crop prices are down. Farmers have struggled through drought, and ranchers sold off huge swaths of their herd. 

To top it all off, Congress has yet to pass a new iteration of the Farm Bill, which expires in a matter of days. And it likely won’t take action on the wide-ranging legislation, which offers everything from nutritional assistance to farm disaster recovery aid, until late this year.

The slow action on the legislation isn’t unusual, but as farm income continues to slide, producers are struggling to make ends meet. Tim Gibbons, communications director for the Missouri Rural Crisis Center, noted it currently costs more to raise a bushel of corn than farmers make when they sell it.

The prices farmers receive for major grain crops such as corn and soybeans are down 20 to 40% from highs set in 2022 in the months after Russia invaded Ukraine, according to U.S. Department of Agriculture data. But that spike was an aberration, Gibbons said.

“We haven’t had really high prices for decades … that really support farmers over the long term,” Gibbons said, “so that not only can they stay on the farm, but pass that farm on to the next generations.” 

Researchers at the University of Missouri expect farm income to drop by 35% by next year, compared to a high in 2022. While they still expect income to remain above what farmers saw between 2015 and 2020, it’s a steep drop. 

“Farmers will have a tighter situation … than they experienced in the last three years, and they’ll have to be much more cognizant about having a very strategic marketing plan in order to make a good cash flow,” said Bob Maltsburger, a senior research economist at the Food & Agricultural Policy Research Institute at the university. 

The “bleak” state of the farm economy — as U.S. Sen. Jerry Moran, a Kansas Republican, put it — has agricultural groups and heartland lawmakers clamoring for an updated Farm Bill. But partisan gridlock in Washington, D.C., and tension over what programs to prioritize in the enormous bill have made it difficult for lawmakers to find common ground. 

“We need a Farm Bill in place,” Moran said on the Senate floor earlier this month, “even if it’s the current one, but the current one is insufficient to meet the needs of the disaster that is occurring in the incomes of farmers across the country.”

The Farm Bill, the primary vehicle for food and agriculture policy in the U.S., expires Monday. While some of its banner programs — including crop insurance and nutrition assistance — will continue even if the legislation lapses, lawmakers and farm groups have said it’s essential to get assistance to struggling farmers. Moran urged colleagues to extend the existing Farm Bill while a more thorough rewrite is still pending.

Competing for funds

The Farm Bill’s single largest chunk of spending — about 75% — supports a variety of programs to combat food insecurity, including the Supplemental Nutrition Assistance Program, or SNAP, commonly known as “food stamps.” Its other banner programs include crop insurance and support for farmers when crop prices are low. The legislation also provides funds to encourage conservation and more sustainable farming. 

Prominent in this year’s debate is how to permanently increase spending on conservation and climate-friendly practices. Congress previously provided $20 billion through the Inflation Reduction Act, passed in 2023, to help farmers plant cover crops and trees; alternate grazing and resting grassland and restore wetlands. 

Andrew Lentz, who leads agriculture policy for the Environmental Defense Fund, said that funding helped more farmers participate in historically underfunded conservation programs. He said his organization hopes Congress takes advantage of the “huge opportunity” to make those funding levels permanent. 

While Democrats want to ensure those funds are spent on practices that reduce greenhouse gas emissions from agriculture, those requirements weren’t supported in the Republican-controlled U.S. House committee. 

“If Congress is able to do that,” Lentz said, “they’ll be able to maintain these elevated funding levels and also maintain the climate focus of those funds in order to address the root causes of climate change and…help farmers tap new markets for lower carbon agricultural goods.” 

But Jennifer Ifft, an associate professor at Kansas State University, said Congress can’t increase the federal deficit when it passes a new Farm Bill, creating tension between lawmakers over how to prioritize programs. Republicans in the U.S. House of Representatives supported increasing funding for the farm safety net, which supports farmers when crop prices are low.

That’s hard enough to do this year, Ifft said, but it will be even more difficult to pull off next year with crop prices projected to keep declining, increasing the cost of the safety net.

“It’s probably not going to get easier to compromise,” Ifft said.

The House Republican version of the bill also cuts $30 billion from nutrition assistance, a nonstarter with Democrats. 

U.S. Sen. Debbie Stabenow, a Michigan Democrat and chair of the Senate Committee on Agriculture, called that bill and Senate Republicans’ “framework” for a Farm Bill “flawed,” noting it cuts the nutrition budget and “walks away from the progress we have made to address the climate crisis.”

Gibbons said the conversation is missing better options to help with crop prices. He argues managing supply and adjusting decisions to meet market needs is a lower-cost alternative to ensure farmers get a fair price for their crops. But that’s not part of the policy discussions, he said. 

“The fight,” Gibbons said, “is once again over, ‘How hard are we going to make it for hungry people in need to get food,’”

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Farming among the trees: How perennial crops can help breathe life into depleted soil https://missouriindependent.com/2024/09/30/farming-among-the-trees-how-perennial-crops-can-help-breathe-life-into-depleted-soil/ https://missouriindependent.com/2024/09/30/farming-among-the-trees-how-perennial-crops-can-help-breathe-life-into-depleted-soil/#respond Mon, 30 Sep 2024 10:50:00 +0000 https://missouriindependent.com/?p=22077

Emily Wright picks flowers growing safely in a garden tunnel Sept. 17 at Three Creeks Farm and Forest in Ashland. Wright saves the tunnels for high value crops such as these flowers, tomatoes and peppers, which are watered through drip irrigation and micro overhead sprinklers. (Cory W. MacNeil/Columbia Missourian)

On harvest days at Three Creeks Farm and Forest in the Missouri River valley, farm owner Emily Wright and her staff collect three varieties of leafy greens from the field.

“We can’t really grow enough,” she said. “We try to have consistent supply throughout the course of our season — which is basically April to December — but it’s hard to keep up.”

Two staff members cut the lettuce close to the root, fan the leaves across their hands checking for bugs or wilts, and toss them in a bright orange basket. From there the greens are washed, packed and driven to town for delivery at local restaurants and grocery stores.

Wright co-owns and manages the farm with her partner Paul Weber, who moonlights as a touring musician. They have been growing fruits, vegetables, herbs and flowers for nine seasons in a diversified market garden style farm in the Missouri River hills. Additionally, two thirds of their 15-acre farm is a forest.

“I think of it as sort of my long-term outdoor ecological experiment,” she said.

Wright and Weber plant perennials such as fiddlehead ferns and wild leeks throughout the forest. They also grow native trees including paw paws along the forest edge, allowing them to cross pollinate with and be protected by the more mature trees.

Wright calls the smorgasbord of vegetables, fruits, shrubs and trees on Three Creeks Farm and Forest “complex and chaotic” and said the crops benefit by growing among each other.

“I feel like I’ve witnessed an explosion of biodiversity in the past couple of years,” Wright said. “I mostly see it in insect populations, but I also feel like I’ve noticed new bird species and lots more amphibians and reptiles and just generally a lot of life in this valley.”

Operating a farm within its natural ecosystem is a tenet of regenerative agriculture — a movement that aims to revive farmland soils and by extension diverse farms and rural communities.

With climate change threatening farmland and the farm economy, people are looking to regenerative agriculture as a new way forward, specifically using perennial crops that don’t require the intensive annual tillage, planting, fertilizing and harvesting of conventional commodities.

Tim Crews is the chief scientist at The Land Institute in Salina, Kansas, and said many of the commodity crops we eat — corn, rice, barley, oats — are annual.

“Annuals require the termination of all vegetation on the landscape for them to have a chance,” he said. “If you do that on massive landscapes year after year after year, you get soil degradation.”

The Land Institute scientists have been working on sustainable agriculture research and education across the Midwest and Great Plains for decades. They’re developing perennial grains that aren’t as hard on the environment as annuals. Crews said row crops take an environmental toll over time.

Emily Wright gently uncovers Dahlia flowers protected with light-weight nylon bags that keep bugs away from the flower heads Sept. 17 at Three Creeks Farm and Forest in Ashland. Wright sells flowers through Missouri Flower Exchange. (Cory W. MacNeil/Columbia Missourian)

“They have no capacity to retain nutrients. Their microbial communities are much less functional than those that exist in mature grasslands or forests,” Crews said. “It’s such a compromised ecosystem.”

But if more perennial crops existed, he said, they could break the food system’s dependency on annual crops and transform farms into something more akin to a natural ecosystem, like a forest.

Regenerative agriculture aims to, in part through perennials, breathe life into depleted soils while also reducing the need for chemical fertilizers and pesticides, which can have negative environmental consequences.

“The regenerative capacity of perennials is kind of unmatched … there’s economic advantages, there’s lifestyle advantages, there’s wildlife advantages,” Crews said.

Combining farm and forest

Bil Carda cuts, inspects and collects lettuce Sept. 12 at Three Creeks Farm and Forest in Ashland. The farmers are experimenting with three lettuce varieties on land that used to be overgrown horse pasture, which now boasts annual and perennial plants that grow both in the open and under cover and shade. (Cory W. MacNeil/Columbia Missourian)

There is much to be harvested from trees and shrubs, like nuts or berries, and there are many soil health and ecosystem benefits of having them on the farm.

“Agroforestry is basically offering kind of a toolkit for being able to incorporate some of that ecological design onto a landscape,” said Zack Miller, preserve engagement manager with The Nature Conservancy in Missouri.

The organization is conducting ecosystem restorations across the state. Miller is coordinating a 164-acre agroforestry demonstration project at the Missouri River Center — the former site of riverfront bar and restaurant Katfish Katy’s.

The long-term goal of the project is to both connect people to the Missouri River and its ecosystems and to serve as a living agroforestry laboratory to “demonstrate what these systems could look like and be able to demonstrate their economic returns, how farmers might be able to implement different strategies,” Miller said.

Trees, shrubs and perennials can be integrated sporadically into conventional farms through alley cropping, prairie strips, wind breaks, hedge rows and more. But for agroforestry to be successful, Miller said we’ll have to get used to a messier kind of farm.

“Looking across landscapes and seeing how we have it divvied up and this chunk is for growing this one plant, this chunk is for growing something else,” he said. “But of course, ecosystems don’t function that way. There are no clear borders.”

Three Creeks Farm and Forest intentionally planted perennials with culinary or floral purposes that allow them to sell berries, nuts and fresh cut flowers to groceries and restaurants. Wright also planted a row of smokebush, a perennial shrub, with a dual purpose as a windbreak — blocking dust that gets kicked up from their gravel road.

Wright said she sees plenty of opportunity across the Midwest for conventional row crop farms to incorporate more diverse products in their operations.

“Just carving off those odd little corners that don’t fit the giant industrial tractors and … converting those to vegetable production would have a huge impact on the amount of food that’s being supplied locally,” she said.

Miller said that due to the amount of inputs required — fertilizer, fuel and equipment — the row crop commodity farming that made Midwestern agriculture so bountiful is no longer working.

Biodiversity has plummeted, and so has the ability to make a living in agriculture, Miller said.

Grace O’Neil cleans plastic baskets in the wash and pack that will be later used to hold vegetable produce picked, washed and packed through the work day Sept. 12 at Three Creeks Farm and Forest in Ashland. This is O’Neil’s second day working at Three Creeks, as she recently came from working on a farm in Vermont. (Cory W. MacNeil/Columbia Missourian)

“It’s like very simple to say, but the answer to many of our problems is diversity,” he said.

Wright understands how some farmers, due to the pressures of policy and markets, get stuck in a rigid structure.

“There’s not a lot of room for experimentation or adaptation,” she said.

But by operating a small, diverse operation like Three Creeks Farm and Forest, experimentation and adaptation never stops. Wright and Weber recently added fermentation business to the farm, which allows them to offer sauerkraut, pickles and okra to local restaurants.

“One of the reasons that farming is really attractive and engaging for me is just the learning curve never drops off,” Wright said. “It’s like, as soon as we get the hang of things and it gets even the tiniest bit boring, we add something.”

Diversification has not only helped Wright’s farm environmentally, but also economically.

“We don’t really qualify for crop insurance programs so diversification is kind of our insurance, because we do have crop failures every year,” she said.

“We kind of just accept that while one thing might go awry, another thing is going to be flourishing, and that both maintains our livelihood, but also maintains morale.”

This article has been republished from the Columbia Missourian. Read the original article here

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Cancer victims implore U.S. House to take up compensation for radiation exposure https://missouriindependent.com/2024/09/24/cancer-victims-implore-u-s-house-to-take-up-compensation-for-radiation-exposure/ https://missouriindependent.com/2024/09/24/cancer-victims-implore-u-s-house-to-take-up-compensation-for-radiation-exposure/#respond Tue, 24 Sep 2024 20:09:09 +0000 https://missouriindependent.com/?p=22000

The Trinity explosion, 16 milliseconds after the atomic bomb test detonation on July 16, 1945. The viewed hemisphere’s highest point in this image is about 660 ft. (Berlyn Brixner / Los Alamos National Laboratory / Public Domain)

A joint investigation by The Independent and MuckRock.

U.S. House Speaker Mike Johnson is holding up compensation for generations of Americans who developed cancer after exposure to the nation’s nuclear weapons program, several members of Congress said Tuesday. 

At a news conference in Washington, D.C, U.S. House members and Senators stood beside advocates from Missouri and tribal nations in the southwest who have — for months, or even years — cried out for help from the government as they and their loved ones suffered from cancer because of exposure to radiation.

Dawn Chapman, who lives near the contaminated West Lake Landfill in suburban St. Louis, said Johnson was the “only reason these people are suffering right now in this room.” 

“He can fix it,” Chapman said. “There are a lot of things in this world that you cannot fix. This one can be fixed. This one can pass.”

Fred Vallo, who endured a 37-hour bus ride from New Mexico., said his community can’t keep coming to the nation’s capital “begging” for help. He urged Johnson to visit New Mexico and see where the contamination originated for himself. 

“I’ll even take you with my own truck if you don’t believe us,” Vallo said.

Vallo and fellow advocates called on Johnson to bring the stalled Radiation Exposure Compensation Act up for a vote in the U.S. House of Representatives. The legislation has twice passed the U.S. Senate and would offer compensation to individuals suffering from certain cancers after exposure to improperly stored radioactive waste, uranium ore or bomb tests.

U.S. Sen. Josh Hawley, a Missouri Republican, who — along with New Mexico Democratic Sen. Ben Ray Luján — championed the legislation in the Senate, said he’d spoken with Johnson. But the House leader hadn’t committed to taking action on RECA. 

Luján encouraged advocates to pray for Johnson “to give him the strength and the wisdom to allow this legislation to the House floor, to be voted on, and to work to earn Republican and Democratic votes to get this to the President of the United States.”

Johnson’s office declined to comment.

Congress first passed RECA in the 1990s to compensate uranium miners and individuals exposed to bomb testing, known as “downwinders,” but the program only covered bomb testing victims in parts of Nevada, Arizona and Utah. 

Since the original RECA legislation passed, Hawley said, the radiation was found to have traveled further than the government originally thought. And communities that were known to be affected at the time were left out.

The expansion would offer coverage to downwinders in the remaining parts of Nevada, Arizona and Utah and expand coverage to Colorado, Idaho, Montana, New Mexico and Guam. It would also offer new coverage for residents exposed to radioactive waste in Missouri, Tennessee, Alaska and Kentucky. 

In Missouri, uranium refining and improper storage of radioactive waste has affected residents for decades. Coldwater Creek, which runs for miles through busy St. Louis suburbs, is contaminated with radioactive material, and exposure to its waters increased the risk of cancer for generations of residents — primarily children. 

Waste was haphazardly trucked from site to site in St. Louis county before being dumped at the West Lake Landfill where it remains today. 

Hawley said he was confident there was enough support in the House of Representatives to pass RECA. 

“The wait has been too long,” Hawley said, “and it has been too cruel. And there is no need to wait any longer.” 

One family still suffering the effects of the bomb is Carol Rogers’. 

Rogers, of Shiprock, New Mexico, said her father was a miner. She and her mother could see the gold-hued uranium ore falling from his clothes as they scrubbed them and wrung them out. At the time, she didn’t know helping wash her father’s clothes would cause her to develop cancer decades later. 

When she was diagnosed, Rogers said, her doctor asked if she had worked with uranium. She said she hadn’t.

“Who did?” she said he asked. 

“He said, ‘Yes, it’s uranium,’” Rogers said.

After treatment, she said, she was in remission from cancer for three or four years. It came back, affecting her eye. She’s currently undergoing radiation treatment.

“It’s painful,” Rogers said. “I have to take pain medicine almost every day, sometimes twice a day.”

Rogers said her father died of lung cancer. Her grandson was diagnosed with cancer at 19. Now 20, he’s going through testing again along with his one-year-old baby. Doctors have recommended, she said, everyone in her family get tested, even infants. 

U.S. Rep. Gabe Vasquez, a Democrat from New Mexico, said the detonation of the world’s first atomic bomb at the Trinity Test site made it look like the sun rose over New Mexico at 3 a.m. one day in July 1945. And almost 80 years later, it’s still affecting New Mexican families. 

“For too many decades, New Mexicans have suffered generational impacts,” Vasquez said, “while being gaslighted…for having intergenerational disease, cancer, gastrointestinal issues, tumors, so much more.”

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Signs warning of radioactive waste to be installed along Missouri’s Coldwater Creek this fall https://missouriindependent.com/2024/09/23/signs-warning-of-radioactive-waste-to-be-installed-along-missouris-coldwater-creek-this-fall/ https://missouriindependent.com/2024/09/23/signs-warning-of-radioactive-waste-to-be-installed-along-missouris-coldwater-creek-this-fall/#respond Mon, 23 Sep 2024 13:00:56 +0000 https://missouriindependent.com/?p=21949

An undated photo from the 1980s, of two teenagers stepping on rocks and wooden planks on Coldwater Creek. The photo is from a scrapbook kept by Sandy Delcoure, who lived on Willow Creek in Florissant and donated the scrapbook to the Kay Drey Mallinckrodt Collection (State Historical Society of Missouri, Kay Drey Mallinckrodt Collection, 1943-2006).

A joint investigation by The Independent and MuckRock.

Federal officials plan to post warning signs along a contaminated suburban St. Louis creek where generations of children were exposed to radioactive material.

Coldwater Creek, which winds between homes and parks in St. Louis County for 14 miles before meeting the Missouri River, is plagued with nuclear waste left over from World War II. For decades, families had no idea the danger it posed to the children who played along its banks and swam in its waters. 

More than six years ago, a federal study found residents who live near the creek or regularly came in contact with its waters faced a higher risk of certain cancers. 

Still, the U.S. Army Corps of Engineers, which is cleaning up the creek, did not post signs warning visitors of its danger. 

But this fall, the Corps plans to post signs along Coldwater Creek, warning of the “low-level radioactive materials present.” In a Facebook post, the Corps’ St. Louis branch said the first of the signs will be placed in mid or late November. 

The signs, marked with an eye-catching cautionary yellow border, instruct readers not to dig near the creek but say the waste doesn’t pose a health threat as long as the ground is left undisturbed. Corps officials had previously released a draft of a warning sign with a blue banner that said there “may” be radioactive materials near. 

Dawn Chapman, who co-founded Just Moms STL to advocate for St. Louis-area families harmed by radioactive waste, said the group was happy with the new signs and thinks they’ll save lives. 

“But also, we’re so sad because we know people that are hurt that probably wouldn’t have been if they were up a long time ago,” Chapman said. 

The Missouri Coalition for the Environment, which has advocated for signs along Coldwater Creek for more than 25 years, said in a press release that the signs mark a “step in the right direction,” but don’t fully acknowledge the danger present along the creek.

The sign doesn’t acknowledge areas where contamination may be at the surface, doesn’t use the universal symbol for radioactive material and may confuse visitors by referring to the material as “low-level,” the Missouri Coalition for the Environment said. 

St. Louis has struggled with radioactive contamination since World War II. Uranium used in the development of the atomic bomb was refined in downtown St. Louis. After the war, the waste was dumped at the airport and, later, a nearby property — both along Coldwater Creek. The waste was further refined to extract valuable metals and the remaining material illegally dumped in the West Lake Landfill, where it remains today. 

The Corps is leading the cleanup of Coldwater Creek and the Environmental Protection Agency is overseeing work at the West Lake Landfill.

Last summer, The Independent, MuckRock and The Associated Press found that, for decades, federal officials and companies handling the waste downplayed or failed to investigate the true danger of the material. Since the revelation, U.S. Sen. Josh Hawley and members of Congress from Missouri — along with southwestern states affected by nuclear weapons testing — have been fighting for compensation for victims of radioactive waste exposure.

To do so, Hawley and U.S. Sen. Ben Ray Luján, a Democrat from New Mexico, proposed expanding the Radiation Exposure Compensation Act, originally passed in 1990 to compensate uranium miners and those who were exposed to atomic bomb testing in parts of Nevada, Utah and Arizona. 

Hawley and Luján’s bill would expand the program to remaining parts of Arizona, Nevada and Utah and provide coverage for the first time in Colorado, Idaho, Montana, New Mexico and Guam, where residents were exposed to radiation from weapons tests. It would also expand coverage to those exposed in Missouri, Tennessee, Alaska and Kentucky. 

The legislation twice passed the Senate, but was never heard on the floor of the U.S. House of Representatives. When the House failed to pass a RECA expansion or extension in June, the legislation expired. 

Hawley said on the U.S. Senate floor last week that the legislation is being “attacked” and exposure victims labeled as “greedy and unthankful and ungrateful and undeserving of any help or recognition or thanks from this country.” 

Hawley called on members of Congress to “stand up and be counted” and support the legislation.

“We will not stop fighting,” he said. “We will not stop working until every nuclear radiation victim who has given their life and health for the support of this nation is thanked and compensated.”

Chapman said RECA advocates are returning to Washington, D.C., next week to advocate for the expansion. She said she believes Congress will act on RECA sometime in the coming months. 

“I feel very close,” Chapman said. “We feel like this could be it for us next week.”

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Red and blue states have big climate plans. The election could upend them https://missouriindependent.com/2024/09/17/red-and-blue-states-have-big-climate-plans-the-election-could-upend-them/ https://missouriindependent.com/2024/09/17/red-and-blue-states-have-big-climate-plans-the-election-could-upend-them/#respond Tue, 17 Sep 2024 14:08:09 +0000 https://missouriindependent.com/?p=21876

Entergy Arkansas' 100 megawatt solar and storage plant in Searcy, Arkansas, covers about 800 acres (Robert Zullo/ States Newsroom).

Pennsylvania wants to remain a manufacturing powerhouse. But state leaders also want to reduce climate change-causing emissions from steel mills and other industrial facilities, while cutting back the toxic pollutants that cause health problems in nearby neighborhoods.

Thanks to a nearly $400 million investment from the federal government, the state is preparing a massive plan to help industrial operators upgrade to new technologies and switch to cleaner fuel sources.

“Pennsylvania was one of the birthplaces of the industrial revolution, and now we’ve been given the opportunity to lead the nation in the industrial decarbonization movement,” said Louie Krak, who is coordinating the plan for the state Department of Environmental Protection.

Leaders in every state in the country have their own big plans. North Carolina and neighboring states are preparing to restore wetlands and conserve natural areas along the Atlantic coast. Iowa leaders intend to plant trees in neighborhoods that lack shade. Local governments in Texas plan to help residents install solar panels on their rooftops. And Utah is readying to purchase electric buses and reduce methane emissions at oil and gas operations.

All of these plans are backed by federal money from the Inflation Reduction Act, the climate law passed by Congress in 2022. But former President Donald Trump, who has called climate change measures a “scam” and vowed to rescind “unspent” funds under the law, could throw much of that work into chaos if he retakes the White House.

Legal experts say Trump couldn’t outright cancel the law without an act of Congress. But climate leaders say a Trump administration could create extra barriers for grant awards, slow the approval of tax credits and delay loan requests. If the federal support becomes unreliable, projects could lose financing from the private sector and cease to be viable.

“Even if the money is technically safe, we would definitely expect to see agencies [in a Trump administration] dragging their feet,” said Rachel Jacobson, lead researcher of state climate policy at the Center on Budget and Policy Priorities, a progressive think tank.

Federal agencies have already announced plans to award $63 billion — mostly in the form of grants — to states, nonprofits and other entities for a host of projects to fight climate change, according to Atlas Public Policy, a climate-focused research group. Many Republican-led states have, for the first time, drafted plans to fight climate change in order to compete for the money.

In addition, the feds are rolling out billions more in loans and tax credits aimed at similar projects. States say the mix of funding sources and financial incentives that will soon be available could supercharge efforts to fight climate change and create green jobs.

Many states whose projects have been approved say they’re urging the feds to issue their funding before the election.

“There’s a risk that an incoming administration could cancel our agreement,” said Krak, adding that Pennsylvania is hoping to finalize its funding award this fall.

Another $30 billion from the law is still up for grabs, much of it aimed at reducing emissions in the agricultural sector. And agencies have just begun offering loans and tax credits to provide hundreds of billions more in financing.

“So many states have climate plans for the first time [because of the federal law],” said Ava Gallo, climate and energy program manager with the National Caucus of Environmental Legislators, a collaborative forum for state lawmakers. “Even states that weren’t supportive of the Inflation Reduction Act are certainly touting these projects.”

State plans

In July, Utah learned that it would be receiving nearly $75 million to carry out its climate plan. The program will pay for electric school and transit buses, help residents purchase electric vehicles and install equipment to reduce methane emissions at oil and gas operations, among many other components.

By 2050, the investments are expected to reduce carbon dioxide emissions by 1.4 million metric tons, said Glade Sowards, who is coordinating the plan for the Utah Department of Environmental Quality. Sowards said the plan was also designed to reduce pollution that harms public health.

North Carolina is focused on protecting natural areas. The state filed a joint plan with Maryland, South Carolina and Virginia that is set to receive $421 million in federal funding. The coalition plans to conserve and restore more than 200,000 acres in coastal areas in the four states. While the natural lands are valuable for pulling carbon from the air, the funding will also help to expand state parks and protect residents from flooding.

Like many of the state projects supported through the climate law, the four-state plan has been announced as a recipient but the funding agreement is still being finalized. State leaders are urging the feds to complete that this fall.

“We want to get this done quickly for two reasons: one, so we can get the work underway, but two, to make sure that the money will be there [before a new administration could threaten it],” said Reid Wilson, secretary of the North Carolina Department of Natural and Cultural Resources.

The federal law also will pay for trees in urban areas, where they can reduce the dangerous “heat island” effect and limit stormwater runoff and air pollution. Iowa earned a pair of grants totaling more than $5 million to increase tree canopy in its cities.

“We’ve never had this level of funding before,” said Emma Hanigan, urban forestry coordinator with the Iowa Department of Natural Resources. “We have a really low canopy cover, one of the lowest in the nation.”

Another nationwide program is set to offer funding in all 50 states to help residents put solar panels on their rooftops or buy into community solar operations. In Texas, a coalition of municipalities and nonprofits, led by Harris County (which includes Houston), earned a nearly $250 million award to carry out that work.

The program will largely focus on disadvantaged communities, with a requirement that solar projects reduce participants’ energy bills by at least 20%. Leaders in Texas expect the investment to reach about 28,000 households.

States are also tasked with distributing rebates to help residents with their home energy needs. Wisconsin was the first state to bring its rebate program online, with $149 million in funding. Residents can receive up to $10,000 to improve insulation, upgrade appliances or install electric heat pumps. Over time, they will see greater savings in the form of lower energy bills.

“It’s nice [for a contractor] to be able to sit at the kitchen table and say, ‘You’re getting $3,000 of work here, but the state is paying $2,800,’” said Joe Pater, director of the Office of Energy Innovation with the Public Service Commission of Wisconsin.

Three other states (Arizona, New Mexico and New York) have rebate programs up and running, and others are finalizing applications. Indiana is among the many states awaiting federal approval to launch its program. The state expects to offer $182 million in rebates starting in early 2025. Greg Cook, communications manager with the Indiana Office of Energy Development, said the state is hoping to execute its plan regardless of the election outcome.

The climate law also has boosted “green banks,” which are state or nonprofit-run institutions that finance climate-friendly projects. The nonprofit Coalition for Green Capital received $5 billion of the federal money, which it will use to build a network that includes a green bank in each state, said Reed Hundt, the group’s CEO.

Michigan Saves, a nonprofit bank, expects to receive $95 million as a sub-award from the coalition. Chanell Scott Contreras, the president and CEO of Michigan Saves, said the “unprecedented” funding will enable the bank to expand its work, which includes helping low-income residents weatherize their homes and financing electric vehicle chargers and solar installations.

Loans and tax credits

The grants given out to states and other entities are just the start. The climate law supersized a federal loan program for clean energy projects, bringing its lending authority to $400 billion. And a new mechanism known as elective pay will now allow states, cities and nonprofits to receive the clean energy tax credits that have long been available to the private sector.

Climate advocates say many of the plans that states are setting in motion rely on the financing and tax rebates — components of the law that are most vulnerable to political interference.

“If an administration wanted to completely thwart the ability of [the Department of Energy] to make those loans, they could do so,” said Annabelle Rosser, a policy analyst with Atlas Public Policy, which has been tracking the rollout of the climate law. “That could be cut off at the knees.”

Meanwhile, many states are relying on the new tax credit to support plans such as electrifying state vehicle fleets and installing solar panels on public schools. In Washington state, for instance, the Office of Financial Management is coordinating a governmentwide effort to ensure state agencies use elective pay to bolster their climate work.

But climate advocates fear that an Internal Revenue Service led by Trump appointees could stall that work.

“There’s a lot of concern about what [Trump] would do with IRS staffing to limit the ability for them to get the refund checks out,” said Jillian Blanchard, director of the climate change and environmental justice program with Lawyers for Good Government, a nonprofit focused on human rights. Such delays could “chill hundreds of thousands of projects,” she said.

“I’m not sure he knows that red states are counting on this money too.”

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and X.

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Kansas State University researchers say carbon sequestration on farms can combat climate change https://missouriindependent.com/briefs/kansas-state-university-researchers-say-carbon-sequestration-on-farms-can-combat-climate-change/ Fri, 13 Sep 2024 17:00:18 +0000 https://missouriindependent.com/?post_type=briefs&p=21856

Researchers at Kansas State University found certain fertilizers can help improve soil health and store carbon to help combat climate change (Jill Hummels for Kansas Reflector).

Farmers can help combat climate change and improve the health of their soil by switching to natural fertilizers and minimizing tilling, new research from Kansas State University shows.

According to a paper published in June in the Soil Science Society of America Journal, analysis from a no-till cornfield in Kansas showed that manure or compost fertilizer stored more atmospheric carbon and improved microbial diversity compared with commercial fertilizers.

In a news release about the study, Ganga Hettiarachchi, one of the lead researchers, said the results were — as far as she knows — the first evidence of the mechanisms through which the addition of natural fertilizers “improve soil health, microbial diversity and carbon sequestration.”

“Collectively, studies like this are going to help us to move forward to more sustainable, more regenerative agriculture practices that will protect our soils and environment as well as help feed growing populations,” said Hettiarachchi, professor of soil and environmental chemistry at K-State.

Sequestering carbon in soil is a significant way the agriculture sector can help lower global greenhouse gas emissions. According to the Environmental Protection Agency, agriculture was responsible for just more than 10% of greenhouse gas emissions in 2021.

Carbon dioxide in the atmosphere traps heat, creating a greenhouse effect and contributing to the overall warming of the planet. Last year was the warmest since recordkeeping began in 1880, making efforts to combat climate change increasingly urgent. According to NASA, the past 10 years have been the hottest ever.

“If we find ways to enhance carbon storage in soil, then that will help us to mitigate climate change,” Hettiarachchi said.

As part of the study, Hettiarachchi and fellow researchers looked at a Kansas cornfield that had no crop rotation and had grown corn for 22 years. Rather than breaking up soil clumps, researchers cut samples from the soil and took them to specialized laboratories where they could study how carbon and other minerals were distributed in the soil.

Not only does using manure or compost fertilizer — rather than commercial chemical fertilizers — help improve carbon sequestration, Hettiarachchi said, but it improves the health of the soil and helps it retain nutrients. Runoff of nutrients — typically nitrogen and phosphorus — through rain and irrigation pollutes streams, rivers and lakes and contributes to toxic algae blooms.

University of Kansas researchers last year predicted that climate change will result in more frequent algae blooms.

Researchers from K-State partnered on the study with Canadian Light Source and Advanced Light Source, research facilities that use synchrotron lights for scientific research.

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Fight over transmission towers for reliable energy rages across Missouri https://missouriindependent.com/2024/09/09/fight-over-transmission-towers-for-reliable-energy-rages-across-missouri/ https://missouriindependent.com/2024/09/09/fight-over-transmission-towers-for-reliable-energy-rages-across-missouri/#respond Mon, 09 Sep 2024 14:00:29 +0000 https://missouriindependent.com/?p=21765

In May, the U.S. Department of Energy released a preliminary list of 10 locations across the country where federal officials say there is an urgent need to increase the regional capacity of electrical transmission lines (Getty Images).

WASHINGTON — From the beige-trimmed kitchen window of her home in Missouri’s Monroe County, Marilyn O’Bannon can look out across more than a half-mile field of crops.

But in the future, that view may include electrical transmission towers and lines, which could be along the route of a proposed massive federal power transmission corridor that would stretch nearly 800 miles across the Midwest, including through Missouri.

There is a national debate over how to address the aging electrical system, and some of this conversation is playing out in the farmland of Missouri. The federal government wants to embark on a nationwide plan to increase the reliability of electricity and reduce consumer costs.

The effort is sparking objections from Sen. Josh Hawley, R-Missouri, and some Missouri landowners who say the corridor would amount to an unfair land grab.

At stake, proponents say, is everything from the ability to reliably charge your phone to ensuring the power stays on for life-saving medical equipment. The reliability of the region’s power supply was highlighted in late August when Southwest Power Pool, a regional transmission operator that serves 14 states in the central U.S., including parts of Missouri, issued an emergency alert about the impact of power use during recent high temperatures across the area.

But the proposed transmission lines could be disruptive to farmers and landowners.

“Agriculture is threatened by a lot of things, and it’s not an easy life to begin with,” said O’Bannon, whose Monroe County property is about an hour’s drive northeast of Columbia. “I think it’s really hard for a lot of people to put themselves in the shoes of someone who is trying to depend on their land for a living.”

In May, the U.S. Department of Energy released a preliminary list of 10 locations across the country where federal officials say there is an urgent need to increase the regional capacity of electrical transmission lines. Based on the department’s assessment, the region is at the mercy of frequent and longer power outages from extreme weather and higher electricity prices.

Midwest-Plains corridor

One of these proposed corridors, part of the DOE’s National Interest Electric Transmission Corridors, would be built across a stretch of land 780 miles long and five miles wide that extends across Kansas, north-central Missouri, Illinois and a portion of Indiana.

The DOE says constructing this “Midwest-Plains” corridor and the other regional corridors elsewhere in the country will improve energy reliability and resilience, lower congestion and consumer costs, increase capacity to meet future demand and advance clean energy integration.

But Hawley and some Missouri landowners say the proposal is just the latest in a series of attempts to build power lines across the state on land that is currently privately owned.

Opponents’ biggest concern is eminent domain: the government’s power to convert private property into public use with fair compensation when there is a compelling public need to do so.

Hawley has repeatedly criticized both the national transmission corridor and another transmission project in recent months, making speeches in Senate hearings and introducing Protecting Our Farmers from the Green New Deal Act that would prohibit national efforts to overrule state regulators in siting electric transmission facilities.

The senator is using his bully pulpit to denounce an earlier transmission line project, called the “Grain Belt Express,” whose route falls in line with the potential proposed Midwest-Plains corridor.

Hawley has dubbed the project as “highly controversial in the state of Missouri” and one that is “vociferously opposed” by Missouri farmers.

In a recent letter to U.S. Energy Secretary Jennifer Granholm about the Midwest-Plains corridor, Hawley accused her department of weaponizing their authorities to benefit clean energy companies. In response to the Missourian’s requests for an interview, Hawley’s office referred the Missourian to news releases and videos of the senator’s previous statements.

Farmers’ concerns

The Missouri Farm Bureau shares many of Hawley’s concerns. Dan Engemann, the organization’s director of regulatory affairs, said this energy transmission corridor is being built on the backs of landowners.

“The frustrating part about this is we hear so many times … that this is for the public good,” Engemann said. “We as landowners, farmers and ranchers in Missouri … we’re part of the public as well, so you can’t exclude us from that group.”

O’Bannon, the western district commissioner for Monroe County, has been on the frontlines of this battle since the end of 2013, long before the DOE released its map of the Midwest-Plains corridor for potential towers and lines across Missouri in May. Her opposition began with the Grain Belt Express, which received final approval from Missouri state regulators as of October 2023.

The Grain Belt Express is being challenged by the Missouri Farm Bureau, the Missouri Soybean Association and the Missouri Cattlemen’s Association on Sept. 25 in Kansas City.

James Owen, executive director of Renew Missouri, a nonprofit organization advocating for the project, said that companies’ interests versus landowners’ interests are often a “big ugly fight.”

He grew up a “farm kid” and has transmission lines running through his farm in southwest Missouri; he is not insensitive to landowners’ concerns.

DOE’s proposed Midwest-Plains corridor appears to encompass the path currently planned for the Grain Belt Express. If the Grain Belt Express ends up being located in a finalized DOE transmission corridor — and if it meets the eligibility requirements — the project may have access to key federal financing and permitting tools such as public-private partnerships, direct loans and federal construction permits, a DOE spokesperson said.

From the maps, O’Bannon said that the proposed path of the Midwest-Plains corridor announced in May appears to take a five-mile wide swath of land across the farm she shares with her husband, the farm her son rents, her brother’s farm and her parents’ farms: a property originally settled in 1873.

Striking a balance

At issue is balancing the concerns of landowners with the need for more transmission lines to keep up with the nation’s increasing power demands. About 70% of the U.S. electrical grid is over 70 years old, said Otto Lynch, vice president and head of Power Line Systems at Bently Systems, an infrastructure engineering software provider, based in Exton, Pennsylvania.

These transmission structures — with footprints about 40 feet by 40 feet — would be roughly four football fields apart. Cattle can graze around them and landowners can continue to farm, Lynch said, but there will be some limitations to ensure operational safety.

However, O’Bannon is concerned that farmers won’t be able to grow crops in the areas designated for transmission infrastructure. This is because of the destruction of topsoil, soil compaction and erosion from vehicles and excavation for construction.

O’Bannon is not against renewable energy, but she believes that while eminent domain has a place, it’s overstepping its boundaries in this project.

Tyson Slocum, an energy program director at Public Citizen, a national nonprofit consumer advocacy organization that favors clean energy, doesn’t see this as “jackbooted thugs descending on poor innocent farmers to forcibly take their land away,” Slocum said. “There is a process of evaluation, consultation and then decision.”

Projects like this have potential merit because they will deliver more renewable energy to the region, Slocum said. He hopes that the project engages in transparency and public participation to accommodate landowners.

The DOE is currently reviewing information submitted by the public during phase two of the transmission designation process, a spokesperson said. Phase three is expected to begin in the fall and will include DOE-led community engagement activities focused on potential transmission corridor locations.

Read details of the Department of Energy’s proposed Midwest-Plains corridor across Missouri at the Grid Deployment Office’s website.

This story originally appeared in the Columbia Missourian. It can be republished in print or online. 

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Growth in artificial intelligence puts pressure on Missouri energy generation https://missouriindependent.com/2024/09/06/growth-in-artificial-intelligence-puts-pressure-on-missouri-energy-generation/ https://missouriindependent.com/2024/09/06/growth-in-artificial-intelligence-puts-pressure-on-missouri-energy-generation/#respond Fri, 06 Sep 2024 13:35:15 +0000 https://missouriindependent.com/?p=21741

The welcome screen for the OpenAI “ChatGPT” app is displayed on a laptop screen in a photo illustration (Leon Neal/Getty Images).

As the use of artificial intelligence grows, so does the technology required to store its data — and the energy that infrastructure consumes.

At a recent forum about “securing Missouri’s energy future,” lawmakers, regulators, lobbyists and advocates discussed the challenge of powering new data centers.

A data center is a physical location that houses internet servers. Large tech companies are making plans to build them across the country. AI data centers use significantly more energy than current data facilities.

“We’re in (a) precarious position,” said Geoff Marke, chief economist with the Missouri Office of Public Counsel. “We don’t have enough generation to meet our load before we start talking about AI data centers coming online.”

Marke and the other energy experts gathered in Jefferson City expressed concern about resource adequacy — whether the state makes enough energy for its own use.

“Historically, at a real macro level … we get most of our energy out of state,” Marke said. “Then we use more energy than we produce in state.”

The energy industry is experiencing seismic change. Coal plants are retiring and renewable generation is coming online. However, its reliance on the sun and wind tend to make it less consistent.

Additionally, increasingly severe weather has negative effects on the grid, which is especially detrimental to a state like Missouri that depends on interstate transmission lines to deliver power. The growing popularity of electric vehicles and increased economic development are also contributing to more energy demand.

“As more solar and wind come online and as more coal goes offline, it’s getting cleaner and it’s getting healthier, but it’s coming at the risk of reliability and being able to maintain enough power to meet demand,” Marke said.

At the same time, tech giants are shopping around for places to build AI data centers. Marke says they’re likely looking for states with sufficient energy generation and tax incentives. Unlike households or businesses that use power at certain times, the energy consumption of data centers is relatively constant.

“Their biggest cost driver is going to be energy,” he said.

Boston Consulting Group analysis shows that data center electricity consumption is expected to triple by 2030 — to 7.5% of total U.S. energy consumption, comparable to the power needs of 40 million households.

In March, Missouri Gov. Mike Parson announced Google will build a new data center in the Kansas City area.

Energy experts anticipate more are coming, and they’re worried it will compound Missouri’s energy shortfall. At the Jefferson City conference, one energy representative said the supply and demand issue surpassed cyber security as the industry’s number one risk.

“All of a sudden this historic amount of potential generation (is) coming online and we don’t have, necessarily, the generation to meet it,” Marke said. “That’s really just a game changer.”

What if AI data centers didn’t have to use so much power? That’s the question University of Missouri engineering professor Chanwoo Park is trying to answer. Park received a $1.6 million dollar grant from the U.S. Department of Energy to research how to reduce the energy load of data centers.

“Roughly half of the energy consumption in a data center (is) actually used by (the) cooling system,” Park said.

According to MU, the U.S. Department of Energy allocated more than $40 million to research ways to cool data centers. Park’s work is funded through the initiative known as COOLERCHIPS.

Park has been researching and developing cooling systems for digital technology since the early 2000s when he finished his Ph.D. and internet activity took off. He said we’re now in an AI boom, and the air conditioning that cools current data centers won’t be able to keep up.

“The air cooling basically can handle so much heat … but this heat will be easily exceeded by AI computer(s), probably by 10 times more,” he said. “So automatically, this air cooling is not an option at all.”

Park is developing a technology that cools computer chips using two phase heat transfer, using both vapor and liquid. He anticipates the method could be in use in the coming decade.

Meanwhile, others are keeping a close watch on how building new power plants to serve AI data centers will impact other electricity consuming Missourians. John Coffman with the Consumers Council of Missouri worries about the longevity of AI and the data centers it requires.

“It’s the risk that they go out of business and then we’re all definitely picking up the tab for the energy that was built or required for that customer,” Coffman said.

In the spring, the Missouri General Assembly considered — but did not pass — a number of policies concerning how the state should manage the forthcoming data centers. Coffman expects the topic to return to the Capitol next year.

“I think it’s important when you’re looking at adding these types of projects to the system that you provide consumer protections to protect the rest of us from having to bail out a project,” he said.

Marke with the Missouri Office of Public Counsel said it’s likely AI and its power hungry data centers are here to stay. But when it comes to internet technology, a lot is uncertain.

“I’m old enough to remember AOL and Yahoo,” he said. “Can I safely say that Facebook is going to be around in 20 years?”

This story originally appeared in the Columbia Missourian. It can be republished in print or online. 

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Emergency responders struggle with burnout, budgets as disasters mount https://missouriindependent.com/2024/09/04/emergency-responders-struggle-with-burnout-budgets-as-disasters-mount/ https://missouriindependent.com/2024/09/04/emergency-responders-struggle-with-burnout-budgets-as-disasters-mount/#respond Wed, 04 Sep 2024 15:14:18 +0000 https://missouriindependent.com/?p=21707

Residents assess a fallen tree in their Houston neighborhood after Hurricane Beryl swept through the area on July 8. As climate change has fueled more intense and frequent natural disasters, emergency responders face challenges from burnout to budgets (Brandon Bell/Getty Images)

AUSTIN, Texas — Four days after residents of coastal Houston celebrated the Fourth of July with the traditional parades, backyard barbecues and fireworks, Beryl came calling.

The Category 1 hurricane, weakened from an earlier Category 5, slammed into Texas’ largest city on July 8 — an unusual midsummer arrival. Delivering one of the worst direct hits on Houston in decades, Beryl flooded streets, ripped down trees and left thousands without power, causing multiple heat-related deaths during a period of triple-digit temperatures.

Superlatives like “worst,” “biggest” and “most” increasingly sprinkle news accounts in disaster coverage. Even as residents of Houston deal with Beryl’s lingering impact, farmers and ranchers in the Texas Panhandle are still trying to recover from the largest recorded wildfire in the state’s history, a February inferno that consumed more than a million acres of land, an estimated 138 homes and businesses, and more than 15,000 head of cattle. Three area residents were killed.

Climate change has rewritten the script for disasters, leaving communities vulnerable to weather patterns that don’t abide by schedules or the rules of past behavior. As a result, hundreds of thousands of emergency responders are facing unprecedented challenges —from burnout to post-traumatic stress disorder to tighter budgets — as they battle hurricanes, windstorms, wildfires, floods and other natural disasters that are more frequent and intense than those in the past.

“Everybody’s strapped,” said Russell Strickland, Maryland’s secretary of emergency management, who also serves as president of the National Emergency Management Association, or NEMA, the professional group for state emergency management directors.

Agencies are grappling with “stagnant budgets and staff shortages” at a time when they need more money and people to deal with disasters and confront other demands, Strickland said. In the 1980s, states averaged just over three $1 billion weather disasters a year in cost-adjusted dollars, according to the association. In each of the past three years, the average has been 20. Last year, the nation was hammered by a record 28 of those billion-dollar catastrophes.

In a 2023 white paper, NEMA reported that “the COVID-19 pandemic and the increasing number of back-to-back disasters have resulted in disaster fatigue and burnout.” It also reported that current funding levels for most emergency management agencies are “wholly inadequate to address the types of events that states are experiencing along with expanding mission areas.”

The nation’s disaster response system is a massive multilevel network that includes the Federal Emergency Management Agency, which is charged with dispatching hundreds of millions of dollars in federal grants to battered states and communities, and counterpart state disaster agencies that advise or report to the governor. County and city governments also operate disaster and homeland security units.

Disaster officials throughout the country acknowledged that natural disasters such as wildfires, tornadoes and floods have increased and intensified as a result of climate change. Moreover, disaster agencies are being tasked with nontraditional assignments such as cybersecurity, opioid addiction, homelessness and school safety.

A U.S. Government Accountability Office report published in May of last year said that state demands for FEMA assistance have “increased with more frequent and complex disasters like hurricanes, wildfires and the COVID-19 pandemic” but that “FEMA has had trouble building a workforce to meet these needs.”

Budgets for state emergency management are funded by state legislatures and vary widely. The biggest states allocate a half-billion dollars while the smallest set aside closer to a half-million, according to a NEMA examination of state emergency management budgets.

California’s emergency management unit, attached to the governor’s office with nearly 2,000 employees, had the largest budget as of the 2022 fiscal year, with more than $530 million, according to the NEMA report. California is the nation’s largest state with 39 million people. By contrast, Vermont, which has less than a million people, had a fiscal year 2022 budget of $650,000 to fund 34 emergency management personnel, according to NEMA.

Texas, whose emergency management division teams works with the governor’s office and is based in the Texas A&M University System, had one of the largest budgets, $33.5 million to fund close to 500 employees, as of the 2022 fiscal year.

State emergency management agencies, which also receive money from the federal government, including FEMA, constitute the central nerve center during major disasters, typically working from a strategically located emergency operations center that includes representatives from various other agencies. Real-time information begins pouring in hours before the crisis, resulting in an all-points response that ultimately encompasses legions of state and local police, sheriff’s deputies, EMS, firefighters, relief agencies and a long list of other responders.

Heavier strain on emergency workers

As he took a late-morning break from battling a recent 11-acre brush and grass fire near Smithville, a small town about 50 miles southeast of Austin, 36-year-old state firefighter Billy Leathers reflected on his 18-year career with the Texas A&M Forest Service, which helps local fire departments fight outdoor blazes. A charred grassy hillside stretched behind him.

Leathers is a third-generation firefighter who followed his parents and grandfather into the job.

“That’s the only one that I found that I liked,” he said of being a firefighter, adding that he and his co-workers “wouldn’t do it if we didn’t like helping people.” But he acknowledges that the increasing pace “does kind of start to run you a little bit ragged towards the middle of the season.”

The job increasingly involves more than fighting fires.

In 2020, Tennessee responders confronted a bombing on Christmas Day in downtown Nashville, when a 63-year-old conspiracy theorist apparently intent on suicide parked his recreational vehicle near an AT&T facility and ignited an explosion that took his own life, injured eight others and triggered dayslong communication outages.

Tennessee also has faced a relentless surge of more traditional disasters, said Patrick C. Sheehan, who has directed the Tennessee Emergency Management Agency since 2016. In the 1980s, Tennessee had only three major natural disasters caused by severe storms and flooding. Since January 2014, the state has had 24 major disaster declarations.

“We’re having incredible, record-breaking rainfall,” Sheehan said. “We’re having record-breaking cold. We’re having record-breaking heat. We’re having tornadoes earlier and later.”

Sheehan and other emergency managers point out that climate change’s continually shifting weather patterns now make it almost impossible to precisely predict a so-called season for storms such as hurricanes and tornadoes. As illustrated by Hurricane Beryl, coastal storms are increasingly arriving earlier and in greater strength.

“We expect weaker hurricanes to decrease in frequency and stronger ones to increase in frequency,” said John Nielsen-Gammon, the Texas state climatologist.

More residents, more danger

Texas’ chief disaster responder is Nim Kidd, a former San Antonio firefighter who heads the Texas Division of Emergency Management and who is typically alongside Texas Republican Gov. Greg Abbott during briefings on tornadoes, fires, floods or other weather events.

The division was formerly attached to the Texas Department of Public Safety, the state police force, and was transferred to the Texas A&M System in 2019, putting it under the same umbrella as firefighters in the Texas A&M Forest Service. Kidd is also A&M vice chancellor for disaster and emergency services.

Forest Service Director Al Davis and Deputy Director Wes Moorehead said the wildfire danger in Texas has steadily increased with the state’s surging growth as more and more people migrate to the state, often settling in attractive areas close to trees and brush that become vulnerable to ignition during drought and triple-digit heat.

“They like a little bit of nature around them,” said Moorehead. “They want some trees, some grasses and vegetation. And in Texas that grass, that vegetation, those trees — that is fuel for a wildfire.”

The state’s disaster and firefighting operations came under scrutiny during a state House of Representatives hearing on the catastrophic Panhandle fires, which started Feb. 26 after a downed power line set off the blaze that ultimately advanced 95 miles, reaching into Oklahoma.

Local concerns focused heavily on delays in engaging aircraft into the firefighting effort, since the state doesn’t have its own firefighting fleet and relies on private contractors. The state’s first order for aerial fire-suppression equipment from the federal government wasn’t made until 24 hours after the so-called Smokehouse Creek fire erupted, the investigative committee found.

Kidd, testifying at the hearing, endorsed the creation of a state-owned firefighting fleet, which also was recommended by the five-member panel.

The Panhandle investigation also underscored the importance of volunteer fire departments in augmenting government emergency response agencies. Committee members found that volunteer departments are “grossly underfunded,” further undercutting emergency preparedness.

Many first responders say they tolerate the danger, stress and low pay because they want to serve, said Moorehead, of the Texas forest service.

“When you’ve got people with the drive and the willingness and the service mindset to go out and do right and do good for the citizens of the state,” he said, “you can overcome shortages like you’d never imagine.”

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and X.

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Climate change poses health risks. But it’s hard to fight when state policy ignores it https://missouriindependent.com/2024/08/29/climate-change-poses-health-risks-but-its-hard-to-fight-when-state-policy-ignores-it/ https://missouriindependent.com/2024/08/29/climate-change-poses-health-risks-but-its-hard-to-fight-when-state-policy-ignores-it/#respond Thu, 29 Aug 2024 18:43:34 +0000 https://missouriindependent.com/?p=21661

Mariners Hospital in the Florida Keys was evacuated to prepare for Hurricane Irma in September 2017. Experts say cities and counties are assuming a greater role in the state’s response to climate change’s cascading effects on public health (Marc Serota/Getty Images).

ORLANDO, Fla. — Florida is the hottest state in the contiguous United States, and its residents suffer the most heat-related illness. Older people are most susceptible to the heat, and nearly 4.7 million Floridians — 1 in 5 residents — are older than 65.

The peninsula has 8,436 miles of coastline, and three-quarters of state residents live in coastal counties, imperiled by rising sea levels, extreme rainfall and more intense hurricanes.

Climate change is making Florida hotter and increasing the risk of flooding and severe storms. Increasingly, the state should expect “adverse public health outcomes, such as heat-related illness and mortality, especially among more vulnerable populations,” according to the state climatologist’s office at Florida State University.

But Republican Gov. Ron DeSantis has opposed many efforts to address the causes and public health effects of climate change. As a result, Florida cities, counties and nonprofits have had to assume a greater role in dealing with higher temperatures — without sufficient money and resources to do so, many argue.

Perhaps more than any other state, Florida illustrates how the politicization of climate change has thwarted efforts to deal with it.

Florida, unlike a growing number of other states, does not a have a statewide plan designed specifically to help residents cope with extreme heat and other effects of climate change. Dr. Cheryl Holder, co-chair of Miami-Dade County’s Climate and Heat Health Task Force, said that in the absence of state leadership, Florida cities and counties have done what they can. In 2021, for example, Miami-Dade County named its first-ever chief heat officer, and last month Tampa released a “heat resilience playbook” that includes steps such as enhancing and protecting the city’s tree canopy.

But Holder said a statewide effort — akin to public health campaigns to curb smoking — would have a much greater impact.

“Systematic change is better, but we’re left with a piecemeal approach,” Holder told Stateline.

In Florida and around the country, state public health leadership is essential, said University of Washington professor Kristie Ebi, an epidemiologist and an expert on the health risks of climate change.

“The local health departments follow the lead of the state health department, and it’s difficult to contravene,” Ebi said. “It’s difficult when the state health department says, ‘This is the approach, this is the perspective, these are the parameters,’ for the local health department to do anything differently.”

DeSantis’ office, the Florida Department of Health and the Florida Department of Environmental Protection did not respond to Stateline requests for comment before publication.

A bipartisan concern in the past

As recently as 2008, climate change was a bipartisan concern in Florida. But DeSantis, who unsuccessfully sought the GOP presidential nomination this year, embodies his party’s current dismissive attitude toward climate change — a stance shared by his predecessor in the Florida governor’s office, current U.S. Sen. Rick Scott.

In May, for example, DeSantis signed legislation erasing references to climate change from the state’s energy policy and releasing state agencies from the obligation to consider climate change when executing it. “We’re restoring sanity in our approach to energy and rejecting the agenda of the radical green zealots,” DeSantis wrote on X.

In April, DeSantis signed a law barring Florida cities and counties from passing their own heat protections, such as mandated water breaks, for outdoor workers. As a result, Miami-Dade County had to withdraw its pending rule that would have required water breaks for outdoor workers and training on heat-related illness for employers.

Texas Republican Gov. Greg Abbott last year signed a similar law preempting cities from passing heat-break ordinances.

Meanwhile, many other states are moving in the opposite direction.

States such as Arizona, California, Connecticut, New York, North Carolina and Wisconsin have used federal money from the Centers for Disease Control and Prevention to craft statewide plans to address the effects of climate change on public health. All have Democratic governors.

In April, Democratic-led New Jersey released a draft Extreme Heat Resilience Action Plan that includes providing public cooling centers, planting more trees, and adopting workplace safety rules, among many other steps.

California launched and New Jersey plans to start statewide public information campaigns to raise awareness of the risks of extreme heat, especially among vulnerable populations such as older and homeless people.

Florida State University also received a CDC grant, but the team is focused on working with local health departments, said project lead Chris Uejio, a medical geographer and associate professor at FSU.

“We’re always ready and willing partners if and when the state decides that they’d like some more information along these lines,” Uejio said.

‘Falling behind the pack’

Despite downplaying climate change concerns, DeSantis in 2021 approved $640 million in new state spending to help communities deal with sea level rise, intensified storms and flooding. And in 2019, he appointed the state’s first chief resilience officer.

But DeSantis’ interest in such efforts waned as his presidential campaign ramped up. Florida was one of five states (Iowa, Kentucky, South Dakota and Wyoming were the others) that declined to apply for federal Climate Pollution Reduction Grants under President Joe Biden’s Inflation Reduction Act. The federal government allowed large metro areas to apply for their own climate planning grants. Five Florida areas applied for their own and received dollars for planning, but no grants for implementation.

A year ago, DeSantis rejected nearly $350 million in federal energy efficiency incentives and consumer rebates under the Inflation Reduction Act. But this year, after dropping out of the primary race, DeSantis accepted the money.

Susan Glickman, vice president of policy and partnerships at the CLEO Institute, a Florida-based nonprofit focused on climate education and advocacy, praised the state for addressing sea level rise and for assessing the vulnerabilities of coastal communities. But Glickman said Florida must address the root causes and cascading effects of climate change.

“We must adapt to the warming climate, but the decisions we make right now, not addressing the root cause of the problem, is really unacceptable,” Glickman said. “You cannot adapt your way out of climate change.”

Kim Ross, executive director of ReThink Energy Florida, a Tallahassee-based nonprofit that advocates for clean energy, said the DeSantis administration has been a roadblock.

“This could be a state that’s really focused in on the inventions that need to happen,” Ross said. “Instead, we’re just kind of falling behind the pack.”

Ross said that whenever she sees opportunities for federal climate change grants, her first question is whether it’s possible to get one without state support.

“I’m like, ‘Is there a non-state option?’ And I keep encouraging anybody I can talk to at the federal level to have there be a non-state option,” she said.

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and X.

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Evergy is hoping its regulators OK higher electric bills for its Missouri customers https://missouriindependent.com/2024/08/26/evergy-is-hoping-its-regulators-ok-higher-electric-bills-for-its-missouri-customers/ https://missouriindependent.com/2024/08/26/evergy-is-hoping-its-regulators-ok-higher-electric-bills-for-its-missouri-customers/#respond Mon, 26 Aug 2024 14:00:37 +0000 https://missouriindependent.com/?p=21616

Evergy headquarters in downtown Topeka, Kansas (Sherman Smith/Kansas Reflector).

Evergy confused and angered its Missouri customers in 2023 when it rolled out time-of-use rates that meant prices would run highest when people use the most electricity.

Missourians, especially those on fixed incomes, complained of high costs and having to choose between things like groceries and their medications or powering their homes during peak hours.

Now, Evergy Missouri West, which has a monopoly on service for much of the western part of Missouri outside of Kansas City, is heading back to its regulator to ask for more from the 340,000 users in the region. (Here’s how you can weigh in.)

Evergy wants the Public Service Commission to OK a 13.99% increase in electric rates, giving the company up to $104.5 million more in revenue a year. In 2023, the company reported $731 million in earnings.

“As people do we pick between: are we eating, or are we paying our power bill?” said Kelly Smith, who showed up to testify at a public hearing in St. Joseph on the proposed rate hike. “My bill is just shy of $300. I work all the time. I’m hardly ever home.  … My thermostat is set to 75 degrees.”

The Public Service Commission held several hearings across Evergy’s coverage area in late July. Dozens of Missourians, including lawmakers, showed up to argue against the rate hike. They shared stories of $700 bills, finding every energy-efficient upgrade to their home they could and making tough choices about which bills to pay.

Just because the company asked for a rate increase doesn’t mean it’ll get what it asked for. The commission started an 11-month review in February. It will decide in December how much rates might go up starting Jan. 1.

Why is Evergy asking for a rate increase?

Evergy argues it needs the higher rates to recoup money it spent on two natural-gas plants and for a range of upgrades to withstand severe weather and surges of demand for electricity.

The upgrades in the grid have already been made, said Gina Penzig, a spokesperson for Evergy.

“We make the investments and the power grid, and then we go to the commission and ask to recover those investments,” Penzig said.  “So we are asking for money that the company has already spent.”

The company is asking for funds to aid in its purchase of part of a natural-gas plant in Pleasant Hill to generate more electricity for the region. It’s also reupping its longtime request to make back some of the cost of transporting power from a natural-gas plant in Mississippi to Missouri, a request the state regulators have previously denied.

Evergy has conducted studies that show transmitting the energy from Mississippi to Missouri is the most cost-effective method of serving some customers. If they can’t recover those costs, Evergy may have to revisit the issue in the future to find another way to transmit that energy, Penzig said.

The rate hike request alarmed some Evergy customers, which drew the attention of lawmakers. They’d already been hearing complaints about the time-based plans mandated by the commission.

“They said that the average customer was supposed to have a rate decrease,” said Rep. Dean VanSchoiack, a Republican who represents parts of the state north of St. Joseph. “I’ve not met that average customer yet.”

He takes issue with how Evergy is passing along the costs of its upgrades to customers, who don’t have the choice of simply switching providers if they can’t keep up with the bill.

“From what I understand right now — 13.99% — it’s mostly to cover the expenses they did upgrading their poles and lines,” VanSchoiack said. “I was in business. You have to make money…but there are certain costs of doing business that you don’t get to expense right away.”

But because utility companies are monopolies, they aren’t faced with the same burdens of a typical business in a free market.

“Utilities are basically glorified construction companies,” said Geoff Marke, the chief economist at the Missouri Office of Public Counsel, a sort of ombudsman. “When they build assets, they make a return on it. So they have a perverse incentive to build as much as they can.”

Evergy says its rates lag its peers across the country. But the OPC said that lacks context.

When Evergy was formed in 2018 from the merger of Kansas City Power and Light Co. and Westar, regulators froze its rates for five years.

In 2018, the Missouri General Assembly passed a law that allowed utilities to access plant-in-service accounting, which spreads out the cost of investments over years. Those costs are typically passed on to the consumer.

“I’d say it’s much less ‘We didn’t ask for anything,’” said John Clizer, the senior counsel for the Office of Public Counsel, “and much more about ‘We delayed asking for a lot of things, but you are still going to pay for all of that.’ They may not have gotten the rate increases, but you’re also seeing all these other increases to certain charges.”

The Public Service Commission’s options 

The Public Service Commission consists of five members and has the power to approve the rate increase as is, deny it or respond with a rate different than what Evergy asked for. The commissioners are appointed by the governor. Gov. Mike Parson has appointed all but one of the current members, who have a staff of over 200 at their disposal.

The commission is structured like its regulatory counterpart in Kansas, the Kansas Corporation Commission. The KCC has three members, also appointed by the state’s governor. They approved a rate increase in November for Evergy’s central Kansas customers, also to cover costs associated with power plant investments and new infrastructure.

The proposed rate increase comes as many Republicans in Jefferson City are looking to regulate the regulator. After frustration over the time-based plans, some lawmakers want to add two more people to the commission and require more varied professions.  Some proposed legislation looks to require some members to have farming or utility backgrounds.

Kayla Hahn is the current chair of the commission. She was most recently Parson’s policy director. Three other members previously served in the Missouri General Assembly. The most recent addition to the commission is John Mitchell, who spent over three decades in various roles at Burns & McDonnell Engineering in Kansas City.

Renew Missouri, a group that advocates for the state to move toward cleaner energy sources, says the most recent appointment is breaking from the traditional model.

“Generally it’s been lawmakers and aides to the governor who are on there,” said James Owen, the group’s executive director. “I think it’s good to see different professions represented there.”

Some lawmakers, like VanSchoiack, want to see commissioners who aren’t necessarily politicians.

“They’re working too much for the power companies, not enough for the people,” VanSchoiack said.

Owen said the commission is “pro-utility.”

“They need to be confronted with the fact this is not just some line on a balance sheet,” Owen said. “It is actually real people who are struggling and suffering.”

VanShoiack isn’t confident that all of the legislature or Republican leadership sees the need to take another look at the structure of the commission.

“We need to be looking at things that really do truly help people,” VanShoiack said. “I think we’d be better off if we did try to focus more on some of these issues and less on the political issues.”

This article first appeared on Beacon: Missouri and is republished here under a Creative Commons license.

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How green technology is reshaping what buyers expect from Kansas City’s housing market https://missouriindependent.com/2024/08/23/how-green-technology-is-reshaping-what-buyers-expect-from-kansas-citys-housing-market/ https://missouriindependent.com/2024/08/23/how-green-technology-is-reshaping-what-buyers-expect-from-kansas-citys-housing-market/#respond Fri, 23 Aug 2024 13:41:00 +0000 https://missouriindependent.com/?p=21603

Builders say today’s average homebuyer expects their house to be built with high-efficiency insulation and electric appliances (Vaughn Wheat/The Beacon).

Twenty years ago, only the most environmentally minded of homebuyers worried much about solar panels, insulation ratings or the value of a heat pump.

Today, all those factors matter in a market where energy bills take on growing importance in homebuyers’ calculations.

Green home technologies have become more ordinary, even expected (and sometimes mandated by local building codes).

And the planet-friendly standards pioneered a few decades ago have been boosted by improving technologies — though the most dazzling ways to save energy and use more environmentally friendly materials tend to require buyers with beefier budgets.

The cheapest way to make a house greener is to keep it smaller. But other details matter.

Higher-rated insulation and electric appliances have become the standard. Meanwhile, amenities like conventional heat pumps and electric water heaters are becoming more popular among small-budget, first-time buyers. Solar panels and pricier geothermal heat pumps, meanwhile, are gaining popularity in the luxury home market.

“There’s been a lot of progress on this trend towards efficiency and electrification,” said Andrew Rumbach, a senior fellow at the Urban Institute. “That’s really taken off in the last five years because a lot of people are interested in using less fossil fuels and less energy.”

The shift toward greener homes comes partly because local and federal governments encourage it with a range of subsidies.

Evergy, for instance, gives its electricity customers rebates for heat pumps and at-home electric vehicle chargers.

And the Inflation Reduction Act of 2022 (which imposed more rules around fighting climate change) offers tax credits covering up to 30% of the costs for eligible clean energy home improvements like solar panels and solar water heaters installed by 2032.

What’s hot in green tech in Kansas City?

While luxury homes may feature high-end natural materials, the real driving force in today’s green construction is the demand for designs that guarantee lasting energy savings.

“There’s an aesthetic right now that’s very natural,” said Rumbach. “But that’s not the main mover of the market. A lot of these basic things, like the heating, cooling, and roofing materials, are.”

Homebuilders say that as technology advances and energy standards grow stronger, all types of buyers expect better-weatherized homes with high-insulation walls, upgraded heating and cooling systems and tight seals around windows and doors.

“Homeowners have become more aware of how extreme the weather gets here,” said Luke Owen, owner of Owen Homes. His construction company builds homes certified in Leadership in Energy and Environmental Design, or LEED. “We have to consider all the different weather events that are going to occur on the house and try to make sure our exterior surfaces are built for this.”

Rumbach said that energy-efficient furnaces have made huge strides in popularity. About two decades ago, most furnaces ran around 80% efficient — meaning you’d get 80% of the energy back as heat — but today’s models typically achieve between 90% and 99% efficiency, he said.

Green experts also say that electronic appliances are the standard in new home construction as buyers look to move away from fossil fuels like natural gas.

Rumbach said electric water heaters have become popular and more people are buying tankless, on-demand water heaters with federal incentives.

Bill Griffith, a member of Kansas City’s Climate Protection Steering Committee, said that he’s noticed a shift from electric stovetops to induction stovetops. Those save on electricity by using electromagnetic fields to heat pots and pans directly instead of the entire cooking surface.

But the most notable shift he’s noticed is in the popularity of heat pumps, which heat and cool air more efficiently by transferring outdoor heat inside during winter and expelling indoor heat outside during summer.

Griffith said that seven years ago, heat pumps struggled to heat homes when temperatures dropped to 35 degrees. However, the technology has improved significantly. In March 2022, he replaced his gas furnace and air conditioner with an electric furnace and a heat pump. He said he was pleasantly surprised to find that the heat pump heated his home without needing backup from the furnace, except for two extremely cold days in December.

“It still worked the second day at five (degrees) below zero before it kicked over to the backup,” he said.

And heat pumps cost only marginally more than air conditioners and bring energy savings, Griffith said. He paid $6,500 for his heat pump and an air conditioner would have cost him $5,700. He said that current homebuyers can see added upfront savings with a $2,000 federal tax credit for heat pumps.

“Most of my … savings come from the utility bill going down each month,” he said.

Heat pumps have risen in popularity so much so that Owen Homes typically includes them in its homes instead of air conditioners. They beat out gas-powered furnaces in total units sold in the U.S. last year.

But several advancements in green building lie beyond the budgets for first-time homebuyers. Owen Homes builds houses in the $1 million to $3 million range with pricier tinted and tighter-sealing windows.

“Our window packages typically range from $40,000 to $60,000,” he said. “A normal entry-level home is probably in a $7,000 to $10,000 package.”

Other technologies, like roof-mounted solar panels and geothermal heat pumps, are rising in popularity in the luxury market.

Geothermal heat pump systems make heating and cooling more efficient by running pipes underground to exploit the constant temperature.

And  Kansas City’s current energy code requires that certain new homes be designed with roofs prepped for potential solar panel installations.

Owen said that everyone wants to build green until they see the upfront price and how long it takes to make your money back in energy savings. He said first-time homebuyers might need to think smaller.

“It’s about understanding the trade-off between the size of the home and the amenities,” he said. “You can either have a larger home with fewer upgrades or a smaller home with more.”

Are green homes expensive?

The Home Builders Association of Greater Kansas City estimates that adhering to the city’s current building code can add up to $31,000 to the price of a 2,400-square-foot, two-story home. However, the U.S. Department of Housing and Urban Development reports that the 2021 International Energy Code, the basis for the city’s standards, typically increases the cost of a single-family home by around $7,200.

Travis Brungardt, co-owner of Catalyst Construction, said that one of the biggest challenges to affordability is the shortage of trained workers who know how to install new, advanced systems. That lack of expertise means that installation and maintenance are more time-consuming and costly.

“It’s simple math for a tradesperson to choose between installing a system that they’ve installed 25 times and slowing down to learn a new system,” he said. “They will choose to take the easy work and make more money.”

Homeowners also have to learn to use the emerging technologies. For instance, Owen said, they have to know how to tweak humidity and ventilation settings on energy recovery ventilators, which exchange stale indoor air with fresh outdoor air, or they risk overworking the system during extreme weather.

“We’re pumping fresh air into the homes,” he said, “but the outdoor air could be 100 degrees or negative 10 degrees.”

Green technologies can also be costly to repair. Fixing a geothermal heat pump system can sometimes mean digging underground to access the network of pipes. That’s labor-intensive and expensive.

“It’s a lot more of a technical piece of equipment,” Owen said. “I’ve had several homeowners who have gotten extremely good benefits from them, like lower utility bills. But I’ve had some that had issues with their electronic system. It depends on what brand we go with or where it was produced.”

Brungardt said that Catalyst Construction built a 5,000-square-foot green home two years ago and its occupants have never paid more than $34 a month for electricity.

“I paid $260 last month for air conditioning and I live in a home half that size,” he said.

Catalyst Construction builds $700,000 to $2 million homes. Brungardt said that spending on any level of efficiency is worthwhile.

“There are things that you can’t put a price on,” he said, “like indoor air quality and human health.”

This article first appeared on Beacon: Kansas City and is republished here under a Creative Commons license.

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Fertilizer from human waste faces scrutiny but remains a profitable industry https://missouriindependent.com/2024/08/09/fertilizer-from-human-waste-faces-scrutiny-but-remains-a-profitable-industry/ https://missouriindependent.com/2024/08/09/fertilizer-from-human-waste-faces-scrutiny-but-remains-a-profitable-industry/#respond Fri, 09 Aug 2024 16:00:14 +0000 https://missouriindependent.com/?p=21447

Saundra Traywick by the donkey pen on July 11 (Ben Felder, Investigate Midwest).

The cool morning spring breeze hit Saundra Traywick “like a punch to the face.”

Walking through her wooded 38-acre donkey farm in central Oklahoma, Traywick suddenly found it hard to breathe as the air smelled “toxic” and “like death.”

Less than a mile away, a truck was spreading a chunky dark fertilizer on a hay farm, a familiar ritual in this rural community just beyond Oklahoma City’s northeast suburbs.

But this fertilizer was putting off a smell that Traywick had never encountered. She soon discovered the fertilizer was made from processed sewage.

Converting sewage to fertilizer saves cities money on landfill costs, is a cheaper nutrient-rich fertilizer for farmers, and has become a billion-dollar industry for a handful of companies. However, biosolid fertilizer has been shown to contain chemicals that can harm the environment and human health.

“Essentially anything that goes down the drain ends up on these fields,” said Traywick, who, months after first learning about biosolid fertilizer, urged the nearby town of Luther to ban it, which city leaders did in 2020.

Saundra and Walt Traywick with one of the donkeys on their Oklahoma farm on July 11 (Ben Felder/Investigate Midwest).

Scientific studies are increasingly warning about the PFAS chemicals found in biosolid fertilizers. PFAS — short for per- and polyfluoroalkyl substances, also called “forever chemicals” — can be found in many water- and heat-resistant products, personal hygiene materials, medication and industrial waste.

But while some states have recently restricted or banned biosolid fertilizer entirely after finding it contaminated farmland and groundwater, Oklahoma lawmakers and environmental officials attempted to take steps this year to protect cities and corporations from liability if new health problems are found.

The EPA estimates that as much as 3.5 million dry metric tons of treated sewage waste is spread as fertilizer across the country yearly — enough to cover the entire state of Missouri.

Oklahoma has one of the most extensive biosolid fertilizer programs in the nation, as more than 80% of the state’s wastewater sludge ends up on crop fields, according to Investigate Midwest’s analysis of state records.

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Synagro, a Goldman Sachs-owned company that spreads most of the biosolid fertilizer in Oklahoma and across the country, has lobbied against new regulations over “forever chemicals” in its fertilizer, even as it faces lawsuits from farmers claiming its product has devalued their land and created numerous health problems. “Biosolids are a nutrient-rich end-product of the wastewater solids treatment process that have been treated to ensure safe use in agricultural land application,” the company said in a statement.

The issue has also taken center stage in an Oklahoma state House race, as a longtime lawmaker who uses biosolid fertilizer on his land risks losing to a challenger who wants to end the practice.

“I’d say it’s one of the main issues,” Traywick said about the upcoming state House election.

While scientists have discovered PFAS chemicals already exist in the blood of nearly every living person and animal on the planet, recent studies have raised concerns about increased PFAS exposure through its presence in biosolid fertilizers, which impacts the air, water and food.

“The scientific community has put a lot more focus (recently) on PFAS and how dangerous they can be even at low levels,” said Jared Hayes, a policy analyst with the Environmental Working Group who specializes in “forever chemicals.”

In response to growing health concerns, the Environmental Protection Agency recently announced it will require municipal water systems to remove nearly all PFAS substances. These regulations, some predict, could cost as much as $3 billion in new equipment nationwide.

However, the new rules don’t change the current standards of PFAS exposure in fertilizer.

“There are a lot of unknowns of what we are going to do with the biosolids,” Hayes said.

Biosolid fertilizer rankled a town and a state House election

Driving down a rolling two-lane road in central Oklahoma, Jenni White lifted her right hand off the steering wheel of her silver Honda CRV to point to another field that uses biosolid fertilizer.

“That field is one of the worst; I mean, I was hacking up a lung when it was spread, I could not catch my breath, it’s so strong,” said White, pointing through her bug-splattered windshield.

As she passed the next field, White recalled that the farmer had recently stopped using biosolid fertilizer when his neighbors complained. “I think he just thought it wasn’t worth the hassle,” White said.

White was mayor of Luther in 2020 when Traywick, the area donkey farmer, approached the town with concerns over biosolid fertilizers. White was already aware of its use but believed Traywick’s activism warranted discussion among Luther’s five elected trustees.

A ban in Luther wouldn’t impact many farmers, as the town is less than five square miles and most of the area farms are outside its boundaries. But the discussion drew a visit from two officials from Synagro.

One of the officials, identified as Layne Baroldi by the Luther Register, gave a presentation on the benefits of biosolid fertilizer.

Baroldi said California had some of the strictest environmental regulations in the country — you “can’t cough without getting cited,” so the fact that biosolid fertilizer is allowed there should be reassuring to folks in Oklahoma. “Putting it on the ground was (the) best practice,” Baroldi told the trustees.

But the presentation wasn’t enough, as the trustees voted to enact the ban.

(Investigate Midwest spoke to five Oklahoma farmers who use biosolid fertilizers but none would speak on the record due to local opposition. Most said their fertilizer costs would increase significantly if biosolid fertilizer were unavailable. “I got an extra hay cutting this year after using it,” one Oklahoma farmer said. )

While the Luther ban only impacted a few farmers, White, whose term as mayor ended in 2021, believes it was an important message from a community where agriculture remains a vital part of the local identity.

“We’ve been called a bunch of crazy environmental activists, but I don’t know how it’s crazy to make sure your food and water aren’t contaminated for your kids,” said White, a Republican who drinks from a Donald Trump-themed thermos while driving.

“A Democrat or a liberal is going to drink the same tainted water that a Republican or conservative is. Everybody is screwed, it’s not a selective screwing,” she added.

But biosolid fertilizer is rankling local Republican politics as it’s become a central issue in the race for House District 32, which is near Luther.

Incumbent State Rep. Kevin Wallace appeared to be a lock for reelection. He has represented the heavily conservative seat for five two-year terms and has risen up the ranks of Republican politics, including as chair of the high-profile House budget committee.

However, Wallace’s use of biosolid fertilizer on his land has drawn criticism from voters. During a June 4 candidate forum, Wallace was confronted by some constituents who asked why he wouldn’t come out against the fertilizer, what they called “humanure.”

“The biosolids sludge is regulated by the Department of Environmental Quality, I have used it twice … it has been legal to use in this state for eight years now,” Wallace said at the forum.

Wallace acknowledged he had received complaints from his neighbors, but “property rights is what I’m for … (and) I’m not breaking the law,” he told the audience.

Two weeks later, Wallace finished second in the Republican primary, advancing to an Aug. 27 runoff against challenger Jim Shaw, who opposes the use of biosolid fertilizer.

Wallace declined an interview request but in an emailed statement said biosolid fertilizer was “heavily” regulated at the state and federal levels.

“I have had the Department of Environmental Quality into the district in the past to answer questions at a forum and the state of Oklahoma has worked directly with top administrators at the EPA in Dallas on this issue to ensure environmental standards are met,” Wallace said in his statement. “The bottom line is, the only alternative to current disposal of biosolids is for more of it to be dumped in landfills, which will create more landfills in rural Oklahoma.”

More than 44,000 metric tons of biosolids were applied on Oklahoma fields in 2023, according to records from the Oklahoma Department of Environmental Quality, which issues permits to apply biosolid fertilizer. Around 40% of all biosolid fertilizer in the state was processed by Oklahoma City waste.

Oklahoma has limits for 10 pollutants in fertilizer, including mercury and arsenic. State laws also require fertilizer to have a solid consistency of greater than 50%, be tested for viruses and to raise the pH level, which is most often achieved through the use of lime.

But Shaw, the District 32 challenger who finished first in the June Republican primary, said if he were elected it would send a message that “the majority of people out here are saying no to this practice.”

“I would say the awareness of (biosolid fertilizer) has significantly increased in recent months, especially during the campaign,” Shaw said. “I’m all for property rights but my right to swing my fist stops where it hits your nose, … and once (the fertilizer) is applied it does reach beyond the four corners of your property.”

Federal regulations spurred a biosolid industry controlled by a few companies

When Congress passed the Clean Water Act in 1974, cities and towns faced stricter rules on how to process sewage. New biosolid materials needed to be disposed of and a handful of companies launched in an effort to fill the need.

Business picked up over the years as new rules were set, including a federal ban on dumping biosolid material in the ocean.

Established in 1986 in Texas, Synagro contracted with hundreds of cities to handle its biosolid waste, including land application as fertilizer. In 2000, the company purchased BioGro, another large biosolid firm, becoming the largest biosolid handler in the nation.

Synagro is a privately held company, so its valuation isn’t publicly available. However, in 2013 a European investment firm purchased the company for $480 million.

Since then, Synagro has acquired several other companies, entered the Canadian market and nearly doubled the number of municipal and industrial wastewater facilities it contracts with.

In 2020, Syangro was sold for an undisclosed price to West Street Infrastructure Partners III, an investment fund managed by Goldman Sachs.

Today, the company operates 24 facilities in the U.S. and Canada and handles 6.5 million tons of biosolid material annually, according to a 2023 company report.

“Biosolids provide multiple benefits to overall soil quality and health, including improved moisture absorption ability, recycling of micro and macro nutrients, carbon avoidance, reduced nutrient leaching, and lower use of industrially produced chemical fertilizers,” a company spokesperson wrote in an emailed statement to Investigate Midwest. “U.S. EPA and state environmental agencies have approved and regulated biosolids for decades and multiple risk assessments and scientific studies have found that biosolids recycling presents little to no risk to human health and the environment.”

Walt Traywick closes the gate on a donkey pen on July 11, 2024 (Ben Felder, Investigate Midwest).

Synagro handles much of the biosolid material produced by Oklahoma City’s wastewater system, although it doesn’t contract directly with the city.

Oklahoma City contracts with Inframark to manage its wastewater system. Inframark then sells the biosolid material to Synagro.

“The City of Oklahoma City (does not) have a direct contract with Synagro,” said Jasmine Morris, a spokesperson for the city, when asked why Investigate Midwest was unable to get a Synagro contract through an open records request. “Under contract with (Oklahoma City), Inframark is responsible for the disposal of biosolids. Under said contract, what Inframark self-performs, or who they subcontract to, is at their discretion. Currently, they are using Synagro South LLC for this activity, but the terms of their contract with Synagro are not disclosed to (the Oklahoma City Water Utilities Trust).”

Amid the increased focus on PFAS chemicals in waste and fertilizer, Synagro has also lobbied to ensure cities and companies are not held liable.

In 2022, the company created a nonprofit business association called the Coalition of Recyclers of Residual Organics by Practitioners of Sustainability (CRROPS). Synagro’s CEO, Bob Preston, serves as chairman of the organization, which has spent $220,000 on federal lobbying since its founding, according to lobbying disclosure forms.

Last year, as the EPA considered new rules on PFAS levels in drinking water, the coalition urged lawmakers to shield companies and cities from legal liability.

“We write to urge that any legislation … include a specific provision to ensure that the organizations we represent are explicitly recognized as ‘passive receivers’ of PFAS and afford these essential public services a narrow exemption from liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA),” CRROPS wrote in an Aug. 24, 2023 letter.

But as Synagro attempts to someday prevent lawsuits, legal challenges have already arrived.

Earlier this year, five Texas farmers sued Synagro, claiming their properties were “poisoned by toxic chemicals” in the biosolid fertilizer the company spread on nearby farms. Some of the plaintiffs also claim they began suffering from respiratory problems and skin irritation when the biosolid fertilizer was spread.

Many of the plaintiffs also claim their groundwater has elevated levels of PFAS, with one farmer stating that a serving of one fish from his pond would exceed the EPA’s recommended PFAS exposure by 30,000 times.

For the past five years, Synagro has contracted with the city of Fort Worth to manage its biosolids programs and has spread the processed waste in 12 north Texas counties. The lawsuit claims Synagro should have issued stronger warnings about its fertilizer product.

“Synagro knew, or reasonably should have known, of the foreseeable risks and defects of its biosolids fertilizer,” the lawsuit states, which was filed in Maryland, where Synagro is based. “Synagro nonetheless failed to provide adequate warnings of the known and foreseeable risk or hazard related to the way Synagro (Granulite) was designed, including pollution of properties and water supplies with PFAS.”

In a statement to Investigate Midwest, Synagro denied the allegations, calling them “unproven and novel.”

“As a matter of fact, without any response from Synagro, the plaintiffs have already amended the complaint to drastically reduce the concentrations of PFAS alleged in the complaint when it was originally filed,” the company said in an emailed statement. “The biosolids applied by a farmer working with Synagro met all U.S. EPA and Texas Commission on Environmental Quality (TCEQ) requirements. U.S. EPA continues to support land application of biosolids as a valuable practice that recycles nutrients to farmland and has not suggested that any changes in biosolids management is required.”

Some push for nationwide regulations 

As Synagro lobbies for federal liability protections, lawmakers in Oklahoma recently considered a similar proposal that would protect cities and companies from lawsuits if the biosolids they produce and convert into fertilizer were later found to be harmful.

Oklahoma House Bill 2305 stated that a waste management or disposal company, along with a public wastewater treatment facility, “shall not be liable … for costs arising from a release to the environment of a PFAS substance” as long as state laws are followed.

The bill received overwhelming bipartisan support in both the House and Senate but failed to receive final approval before the legislative session ended in May.

During an April 4 Senate committee hearing, Sen. Dave Rader, a Tulsa Republican, presented the bill and said he wanted to ensure cities were protected from liability since they were not responsible for producing the chemicals found in biosolid fertilizers.

But one lawmaker asked if the bill would still protect polluters.

“Does this create an alibi for the person who pollutes a water source and says, ‘I followed the state procedure, so it’s not my fault?’ ” asked Sen. Dusty Deevers, an Elgin Republican.

“I suppose it could,” Rader answered.

Scott Thompson, then the director of the Oklahoma Department of Environmental Quality, was also in the room supporting the bill.

“(Cities and towns) are receiving this PFAS in the waste stream … what we are concerned about is the future liability under the federal law as they get passed,” Thompson told lawmakers. “(The EPA) is going to very tiny numbers that we have to measure and essentially creating potential liability for everyone that has to receive this and manage it.”

Asked about Thompson’s comments, Oklahoma Department of Environmental Quality officials reiterated their support.

“DEQ would support some version of federal legislation that provides protection for certain passive receivers who provide critical, public health services,” said Erin Hatfield, the agency’s director of communications and education. “As for increased PFAS standards, DEQ would like to see additional research done to further determine health impacts related to PFAS and standards based on scientific findings.”

Other states have said the health impacts are already apparent and biosolid fertilizer should be banned or severely restricted.

In 2022, the Maine legislature banned the use of biosolid fertilizer and allocated $60 million to help contaminated farms, including many dairy farms that were forced to shut down.

In Michigan, where cattle farms have been forced to shut down due to tainted beef, biosolid PFAS standards are stricter than in most states. The state also has an aggressive investigation program to try to identify the specific source of PFAS contaminants.

However, some environmental watch groups have scoffed at a state-by-state approach, calling for nationwide regulations instead.

Earlier this year, the Maryland-based environmental nonprofit Public Employees for Environmental Responsibility, or PEER, sued the EPA over the lack of biosolid fertilizer standards.

“EPA has deemed it acceptable for biosolids containing PFAS and other known toxic chemicals to be applied directly to soil as fertilizer, where these man-made contaminants then build up in the environment, exacerbating the PFAS contamination crisis,” Tim Whitehouse, PEER executive director, wrote in a Feb. 22, 2024 letter to the EPA. “This is not protective of human health or the environment.”

The EPA declined to comment on pending litigation.

While the EPA has made progress on congressionally-mandated PFAS rules related to drinking water, it has yet to complete a risk assessment of PFAS in biosolid, according to tracking by the Environmental Working Group nonprofit.

“We are really hoping to see them finish that up by the end of the year and to really get a good picture of just how much of our overall exposures to PFAS is the result of PFAS in biosolid potentially contaminating our food supply and our environment,” said Hayes, the policy analyst with EWG. “In the meantime, states have been leading the charge and taking action.”

This article first appeared on Investigate Midwest and is republished here under a Creative Commons license.

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Federal wildlife officials propose listing butterfly as threatened in Kansas, Missouri https://missouriindependent.com/briefs/federal-wildlife-officials-propose-listing-butterfly-as-threatened-in-kansas-missouri/ Mon, 05 Aug 2024 17:23:52 +0000 https://missouriindependent.com/?post_type=briefs&p=21352

A regal fritillary butterfly lands on milkweed. The U.S. Fish and Wildlife Service proposed listing the butterfly as threatened (Jill Haukos/Konza Prairie Biological Station).

Federal wildlife officials on Monday proposed listing a large butterfly once prevalent in the grasslands of Kansas and Missouri as threatened.

The U.S. Fish and Wildlife Service announced it would seek protections for the regal fritillary, large non-migratory butterfly with orange and black markings. It exists in an eastern and western subspecies. 

The service is recommending the western regal fritillary — found in 14 states in the Midwest and Great Plains — be listed as a threatened species. It’s not at immediate risk of extinction, but is suffering from habitat loss because of agricultural and urban development, pesticides and climate change, among other issues. 

In its eastern territory, the butterfly could once be found anywhere from New Jersey to North Carolina. Now, it persists in one National Guard installation in Pennsylvania. Federal officials are recommending that the eastern regal fritillary be listed as endangered. 

Regal fritillaries dwell primarily in grasslands with native violets, the butterfly’s primary food source. The presence of fritillaries can indicate the health of native prairie as the butterflies rely on “relatively non-degraded” prairie, according to a report accompanying the U.S. Fish and Wildlife Service announcement. The insects can’t survive in agricultural fields, non-native pastures or developed areas around prairie remnants, the report says. 

Across its range, the species’ prevalence has declined as much as 99.9%, according to the U.S. Fish and Wildlife Service report. 

In Kansas and Missouri, the number of counties with regal fritillaries still in existence has dropped by more than half. 

But the Great Plains are a “stronghold” for the butterfly compared to the upper Midwest. The Kansas-Missouri border is “relatively stable” with plenty of regal fritillary populations compared to other parts of the butterfly’s historic range. 

While the butterfly isn’t currently endangered in the western stretches of its territory, the wildlife service’s report says it’s “likely to become in danger of extinction within the foreseeable future.” 

The service is seeking protections for the species, including prohibiting anyone from importing or exporting; harming, killing or trapping; possessing or transporting; or selling the butterflies.

Wildlife officials proposed an exception to the rule for livestock operations that may unintentionally kill the butterflies, including grazing, controlling weeds, mowing and prescribed burning. 

The U.S. Fish and Wildlife Service’s proposal triggers a 60-day public comment period on the proposed listing of the butterfly. Those who wish to provide comments can do so at regulations.gov.

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U.S. Senate panel looks for ways to aid electric vehicle industry https://missouriindependent.com/2024/08/01/u-s-senate-panel-looks-for-ways-to-aid-electric-vehicle-industry/ https://missouriindependent.com/2024/08/01/u-s-senate-panel-looks-for-ways-to-aid-electric-vehicle-industry/#respond Thu, 01 Aug 2024 11:30:51 +0000 https://missouriindependent.com/?p=21306

A driver uses a fast-charging station for electric vehicles at John F. Kennedy airport on April 2, 2021 in New York City (Spencer Platt/Getty Images).

WASHINGTON – Republican U.S. Sen. Lindsey Graham and Democratic members of the U.S. Senate Budget Committee discussed on Wednesday ways to boost U.S. electric vehicle manufacturing to be more competitive globally.

Sen. Sheldon Whitehouse of Rhode Island, the Democratic chairman of the committee, began a hearing Wednesday by calling electric vehicle production “an economic, national security and climate imperative.”

Whitehouse highlighted the expanding global market for electric vehicles, noting that in 2023, 20% of vehicles sold around the world were electric.

“We want to be a part of that action,” Whitehouse said.

Graham, a South Carolina Republican, requested the hearing. He pointed out several times the automotive industry’s importance to the state. South Carolina is a national leader in vehicle assembly and the top tire exporter in the country, according to the state’s Department of Commerce.

Graham said the future of vehicle manufacturing is in electric vehicles and urged policies to remain competitive in the global automobile market.

His position was out of step from many in his party.

Republicans have voiced opposition to increased electric vehicle manufacturing and many oppose President Joe Biden’s goal of having 50% of vehicle sales be electric by 2030. Former President Donald Trump opposes Biden’s support of electric vehicles and said it would ruin the economies of automaker states.

But Graham, a Trump ally and a staunchly conservative lawmaker, embraced the idea of U.S. electric vehicle manufacturing and looked to strengthen U.S. infrastructure.

“So the bottom line is: This is coming, whether we like it or not,” Graham said. “And I think there’s an upside to it, to be honest with you.”

Strain on the grid

Several lawmakers raised concerns in the hearing over whether the electric grid could handle increased demand from electric vehicle charging.

Graham raised the question of where the power will come from to fuel a larger fleet of electric cars.

“Grid demand will go through the roof,” if half of cars in use are electric, he said. “How can you generate enough power to accommodate electric vehicles?”

Jesse Jenkins, a professor of engineering and energy systems at Princeton University, said by 2035 electric vehicles will consume 17% of current total U.S. electricity.

“To put it another way, by 2035, EVs will consume nearly as much electricity as is produced today by the entire fleet of nuclear power plants or all non hydro-renewables combined,” Jenkins said.

Britta Gross, the director of transportation at the Electric Power Research Institute, said strain on the grid from electric vehicles could be minimized by charging at off-peak hours.

Power demand is typically highest in the mornings and evenings. Charging vehicles at night when demand is low “can help minimize the new grid investments and ensure an affordable transition,” she said.

China debate

International competition was another highly discussed topic in Wednesday’s hearing.

Sen. Debbie Stabenow, a Democrat from Michigan, a state with a large automotive industry, raised concerns about the U.S.’s ability to compete with China, which leads the world in electric vehicle manufacturing and has poured government funds into subsidies and tax breaks to promote electric car development.

“There is not a level playing field,” said Stabenow. “Specifically, China is coming for us.”

David Schwietert, the chief government affairs and policy officer for the Alliance For Automotive Innovation, told the committee that Congress must provide incentives for manufacturers “to build resilience” for the future of electric vehicle production.

“We need to look beyond just five or 10 years,” Schwietert said. “We need to ensure that policies are in place to ensure the U.S. is protected, not just tomorrow but well beyond.”

Graham also pressed witnesses about China’s position in the global electric vehicle market, asking Maureen Hinman, co-founder and chairwoman of Silverado Policy Accelerator, a bipartisan economic policy institute, if Chinese dominance in the market was “irreversible.”

“Absolutely not,” Hinman said. “I think the U.S. and its allies and friends, if we move quickly to create agile, responsive and coordinated policies, could flip the script and reestablish market dynamics in a global economy.”

GOP skepticism

Not all Republicans on the committee were as welcoming to the electric vehicle conversation as Graham.

Sen. Ron Johnson, a Republican from Wisconsin, said he was not opposed to electric vehicles and that he owns a plug-in hybrid car, but that the government should not spend to entice manufacturing and ownership of the vehicles.

“Why do we need government subsidies?” Johnson asked witnesses. “I would say you don’t.”

“Let the marketplace dictate the speed of this innovation. Stop subsidizing this,” he said.

Sen. John Kennedy of Louisiana also pressed witnesses on the need for subsidies, repeatedly asking “if they’re so swell, how come we have to pay people to buy them?”

Kennedy speculated that many Americans have to be incentivized to buy electric vehicles because they are more expensive to operate. The median household income in Louisiana is $55,000 a year, which is below the national median, he pointed out.

study by the environmental group Natural Resources Defense Council found that while electric vehicles are just under $3,000 more up front than a gas-powered car, they ultimately cost less to fuel and maintain over time.

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Kansas City home builders push back on energy efficiency rules, blame them for housing crunch https://missouriindependent.com/2024/07/25/kansas-city-home-builders-push-back-on-energy-efficiency-rules-blame-them-for-housing-crunch/ https://missouriindependent.com/2024/07/25/kansas-city-home-builders-push-back-on-energy-efficiency-rules-blame-them-for-housing-crunch/#respond Thu, 25 Jul 2024 14:33:04 +0000 https://missouriindependent.com/?p=21225

Homebuilders want the Kansas City Council to relax its current green building code requirements so that they can find more cost-effective construction options (Alex Unruh/The Beacon).

The Kansas City Council gave homebuilders new rules last year designed to make housing easier on the environment.

Those rules told them what kind of windows to install, how well the walls should be insulated and how efficient the heating and air conditioning systems should be.

Developers now blame those rules for a construction slowdown that’s keeping the housing market tight and posing obstacles to making more of those homes affordable to more people.

But environmentalists say the new code needs more time to work. Ditching it, they contend, will lead to construction of energy-hog homes, adding to global climate change, and stick owners and tenants with higher energy bills.

“It will lead to less efficient and more costly homes,” said Billy Davies, conservation program coordinator for the Missouri chapter of the Sierra Club.

Some regional homebuilders want the city to relax the energy-efficiency rules of the building code it put into action last year. Rather than a rigorous checklist that dictates specifics, they want a general scoring system that gives them options to hit the mark on conserving energy. That, they say, can help them keep costs down and keep housing more affordable.

“What this is intended to do is add flexibility within the process for the contractor, the homebuilder and the homebuyer,” said Will Ruder, the executive vice president of the Home Builders Association of Greater Kansas City.

Groups defending the existing, stricter code see it as the only way for Kansas City to hit its goal of reducing greenhouse gas emissions 100% by 2040.

Buildings play a critical role in this effort, as they are responsible for 40% of greenhouse gas emissions, said architecture instructor at the University of Missouri-Kansas City Dominic Musso. “So something needs to be done if we’re going to create as big of an impact,” he said.

What would change?

The Kansas City Council adopted the 2021 International Energy Conservation Code in July 2023. That code offers builders three ways to comply with its energy standards.

However, homebuilders want more flexibility. They say they’re willing to build energy-efficient housing, but they just want to figure out the best way to do that themselves. So they’ve suggested a fourth option: achieving a Home Energy Rating System score of 68 or lower to qualify for permits.

The HERS scale, created by the Residential Energy Services Network, uses a baseline score of 100 to represent the energy use of a home built to the 2006 International Energy Conservation Code. The lower the score, the better the energy efficiency.

But Davies said that the new proposal sets the standard too low by referring to energy standards set almost two decades ago. And he said the standard isn’t tough enough. In California, new homes average a HERS score of 18.

“This is a score that is so easy to meet,” he said, “that it practically makes the code null and void.”

But Ruder with the homebuilders group said a HERS score of 68 is equal to the average in suburbs like Overland Park and Prairie Village, making it the lowest and most energy-efficient score in the metro.

The city code adopted last year requires more effective wall insulation, energy-efficient furnaces and updated windows that help maintain indoor temperatures.

The homebuilders want the leeway to upgrade windows, walls and furnaces to different standards so long as the home produces an energy rating of 68 or lower.

Ruder said that would avoid wasted expenses for buyers.

Davies said that the current energy code is crucial for protecting residents from the impacts of climate change.

“What (the homebuilders’ proposed change) does is create a loophole in Kansas City’s ordinance by weakening the energy policy and allowing developers to build more cheaply,” he said.

Davies said that he is also concerned that the proposed ordinance only requires energy testing for the first home in a development plan, which could lead to undetected issues and increased costs for homeowners.

“Imagine if there’s no testing,” he said. “Then the occupant could learn a year after they moved in that their utility bill is really high — there’s some kind of leak or other issues.”

Ruder said that builders want the City Council to change the language at its next meeting (July 23) to ensure that every home undergoes energy inspections.

Has the green building code impacted affordable housing?

Builders blame the current energy code for Kansas City’s housing shortage, partly for slowing down the rate building permits get approved.

The city averaged 60 permits per month between October 2023 and June, Ruder said. That same nine-month period averaged 66 permits a month over the last two years and 85 permits a month over the last four years.

Davies said that a drop in permits is common when new codes are introduced. He said construction workers who have already adapted to the current code shouldn’t have to learn a new one so soon.

“Kansas City needs to give the experts in the building community who want to work with this (2021) code more time to make it happen,” Davies said.

Steven Bennett, a professor in the Construction Management department at Johnson County Community College, said that Kansas City has historically had a slow permit process. But he finds the delays over the last nine months excessive. He said nearby cities typically need one to two months to adapt to new building codes.

What do the numbers say?

The Home Builders Association estimated that following the current standard can add up to $31,000 to the price of a 2,400-square-foot, two-story home. Bennett, who has also taught classes on green building, agrees. He said that while builders should strive for better energy efficiency, the city’s existing energy standards are too pricey.

“It’s going to impact the owner’s cost to build, which in turn increases rent and lease costs for those utilizing these homes,” Bennett said.

He said that the code increases home construction costs by up to 30%.

However, the U.S. Department of Housing and Urban Development states that the international standards adopted in 2021 add about $7,200 to the cost of a single-family home.

Musso at UMKC believes that the added expenses from an updated energy code are worthwhile.

“You don’t want to do it cheap up front and then have everything not give you the performance that it should,” he said.

Conservationists agree. They say that the money residents will save on utility bills will eventually offset the upfront cost of building to the city’s current standard. The U.S. Department of Energy found that the average new homeowner in Missouri can expect to save $677 annually on their utility bills, which average out to $2,603 annually.

That would take roughly 10 years to break even under HUD’s upfront cost estimation.

But homebuilders have different ideas about the cost-benefit ratio for homeowners.

Bennett said that in his experience, savings aren’t as great as significant as energy agencies claim. Even if they are, he questions the value.

“If you saw a home with a break-even deal in 10 years, I don’t know that I would advise you to do it,” he said. “You’re probably going to move out and never see that savings.”

The Home Builders Association calculated that utility savings would only be $90 to $125 per year for a 1,400-square-foot starter home, using average gas prices from Spire and average electric costs from Evergy, Ruder said.

This article first appeared on Beacon: Kansas City and is republished here under a Creative Commons license.

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Missouri governor signs tax break for Kansas City nuclear weapons parts manufacturer https://missouriindependent.com/briefs/missouri-gov-mike-parson-signs-tax-break-for-kc-nuclear-weapons-manufacturer/ https://missouriindependent.com/briefs/missouri-gov-mike-parson-signs-tax-break-for-kc-nuclear-weapons-manufacturer/#respond Mon, 08 Jul 2024 22:18:53 +0000 https://missouriindependent.com/?p=20933

Gov. Mike Parson, seated, holds up legislation he just signed offering a tax break to private developers expanding the National Nuclear Security Administration's south Kansas City campus. (Allison Kite/Missouri Independent)

Developers planning to expand a Kansas City facility manufacturing nuclear weapons components will get a break on sales tax under legislation Gov. Mike Parson signed Monday.

Parson held a signing ceremony at the site, currently a gravel lot across from the National Nuclear Security Administration’s south Kansas City campus. The expansion is expected to cost more than $3 billion and add more than 2 million square feet of space to the campus.

Lawmakers present Monday predicted the expansion would add about 2,000 high-paying jobs in south Kansas City.

“To have that kind of investment anywhere in the state, especially here, is a big deal for the entire state and a big deal for this community,” Parson said.

For years, Honeywell International Inc. has operated the National Nuclear Security Administration’s plant manufacturing non-nuclear parts for the U.S. nuclear weapons program.

Missouri legislators pass tax break for Kansas City nuclear weapons campus expansion

But proponents of the tax break say the facility needs to expand to accommodate work the NNSA will need to modernize and refurbish the nation’s nuclear weapons stockpile. 

“You’re talking about securing the country and making sure that this country stays safe,” Parson said Monday.

Lawmakers passed the tax break overwhelmingly this spring, largely citing the potential economic boon of the new jobs. The sales tax exemption on construction materials for the project is expected to divert more than $150 million in state, county, city and Kansas City zoo sales tax revenue over 10 years, according to a fiscal analysis that noted the exact cost couldn’t be verified. 

Legislative staff wrote that the bill’s “fiscal impact could be significant.”

The legislation had support from both Democrats and Republicans and was championed by now-former Missouri Sen. Greg Razer, a Kansas City Democrat.

At the signing event Monday, Razer called the tax break a “no-nonsense piece of legislation.” He said the Honeywell expansion would be “transformational” for south Kansas City, Grandview and surrounding communities.  

“This is high-paying jobs in these communities,” Razer said, “and as Kansas City continues to grow and have a renaissance, we’ve got to make sure that every corner of Kansas City grows and is involved in that renaissance. That’s what’s happening here today.”

YOU MAKE OUR WORK POSSIBLE.

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‘Frustrating’ partisan stalemate: the new normal for farm bills? https://missouriindependent.com/2024/07/05/frustrating-partisan-stalemate-the-new-normal-for-farm-bills/ https://missouriindependent.com/2024/07/05/frustrating-partisan-stalemate-the-new-normal-for-farm-bills/#respond Fri, 05 Jul 2024 10:50:30 +0000 https://missouriindependent.com/?p=20896

(Scott Olson/Getty Images).

WASHINGTON — The stalemate over the current farm bill may be solidifying a new era in farm politics as it joins the last three farm bills in a trend of delays and partisan division — a contrast from the legislation’s history of bipartisanship.

Every five years, Congress is tasked with drafting a new federal farm bill. The omnibus law that began 90 years ago as various kinds of payments to support farmers now has an impact far beyond the farm, with programs to create wildlife habitat, address climate change and provide the nation’s largest federal nutrition program.

The current farm bill process, already nearly a year behind schedule, is at an impasse as Democrats and Republicans clash over how to pay for the bill and whether to place limits on nutrition and climate programs. The previous farm bill expired in September 2023 and has been extended through the end of this September.

Historically, farm bills were completed within a few months of their expiration date. Ten of the 13 farm bills since 1965 were enacted by December 31 in the year of their expirations. But three of the four farm bills since 2008 went beyond that date.

The last three bills — including the 2018 bill, which is the one recent version that passed on time — each had partisan disagreements about spending.

The trend represents a change in how the once-bipartisan legislation is viewed.

“The last two farm bills were the anomaly,” said Jonathan Coppess, a professor of Agricultural Law and Policy at the University of Illinois who has written a history of the farm bill. “Now that it has been three in a row, I’m not sure that holds.”

A recent report from the nonpartisan Congressional Research Service notes that starting in 2008, farm bills have been subject to delays, vetoes and insufficient votes to pass on the floor.

The report concluded: “Over time, farm bills have tended to become more complicated and politically sensitive. As a result, the timeline for reauthorization has become less certain.”

Spending debate

That uncertainty is true of the current farm bill, as Republicans in the House and Senate push for spending limits that Democrats say are non-starters.

“I don’t think we’re close to getting a farm bill done until the folks who are negotiating the farm bill are realistic about what’s doable within a constrained resource environment,” Agriculture Secretary Tom Vilsack said in an interview on the radio program AgriTalk June 21.

The Republican-led House Agriculture Committee approved its farm bill proposal largely on party lines at the end of May, after hours of debate and complaints from Democrats that the process had not been as bipartisan as in years past.

Four Democrats voted for the bill in committee, but they joined 20 other Democrats on the committee in a “dissenting views” letter expressing “genuine concern over the trajectory of the Majority’s partisan farm bill” — which they predicted would be stuck in delay and dysfunction without significant changes.

The Senate Agriculture Committee has yet to vote. The Republican and Democratic leaders of the committee have each put forward contrasting bills and expressed their frustration.

‘The most frustrating time’

Senate Agriculture Committee Chairwoman Debbie  Stabenow, a Michigan Democrat who is retiring after this term, has called the process the “most frustrating” of her career and said she would not let the Republican approach for the farm bill be her legacy.

“I’ve actually been involved in six farm bills and led on three of them, and this has been the most frustrating time,” said Stabenow in an interview with Michigan Advance at the end of June. “Because it’s so much more partisan than usual and particularly around food assistance.”

Partisan division is not uncommon in today’s Congress but is notable on the farm bill, which had historically brought together lawmakers from both sides of the aisle. Bipartisan support can be necessary for final passage because the size of the $1.5 trillion farm bill means it inevitably loses some votes from fiscal conservatives and others.

“If you don’t have a bipartisan bill, this is not going to happen, and that is no matter who’s in charge. The margins are too close to be able to get this done without bipartisan support,” said Collin Peterson, a former Democratic House member from Minnesota and Agriculture Committee Chairman.

The key dispute for Democrats this year is a funding calculation that would place limits on the “Thrifty Food Plan” formula that calculates benefits for the Supplemental Nutrition Assistance Program, SNAP.

Republicans are using the limits to offset other spending in the bill on crop subsidies. The top Republican on the Senate Agriculture Committee, Arkansas Sen. John Boozman, said he wants to put “more farm in the farm bill.”

Peterson, who is now the head of an eponymous consulting firm, said in an interview with States Newsroom that Republicans would likely have to make changes to the nutrition title to get a bill to final passage.

“It is unrealistic to think they are going to get this done without significant changes in that part of the bill,” he said.

‘An uneasy alliance’ from the start

The nutrition program that is at the center of the impasse was added to the legislation 50 years ago to help build a coalition of wide-ranging bipartisan support.

Lawmakers added the nutrition title to the farm bill in 1973, a move that widened the vested interest in the bill in the House. Lawmakers who wanted to increase payments for cotton and wheat farmers in their districts were able to bring in support from representatives from districts whose citizens could benefit from food aid.

“That was the first coalition building between the two interests,” Coppess said. “But it was pretty intense. And it was an uneasy alliance from the start.”

Since then, the farm bill in many ways has become a food bill. Three-quarters of the mandatory spending in the bill falls under the nutrition title, which includes SNAP, the largest U.S. program that addresses hunger.

The program, formerly called food stamps, supplements food budgets for low-income households. Anti-hunger groups have joined the outside interests pushing for the bill every five years.

But with such a large funding line, the nutrition program has become a target for Republicans who want to cut it to offset other spending in the bill.

“The dispute is all the pay-fors,” Peterson said. “And that has been the issue for the last three farm bills and issue on this one as well.”

Peterson, who was chairman of the House Agriculture Committee for the 2008 farm bill and was the top Democrat on the committee for the 2013 and 2018 bills, said partisan division on the committee is not unfamiliar at this phase of the process.

The farm bills he worked on also had partisan votes in the House but eventually found support from both sides after conferencing with the Senate.

“At the end of the day, every one of those bills was partisan, until we got through the conference committee, and then at that point it was bipartisan, because the Senate brought some of that to the table,” Peterson said. “So, kind of, what’s going on here went on the last three farm bills.”

The most recent farm bill in 2018 was marked by contentious partisan debate centered on SNAP’s work requirements and other eligibility rules.

The House Agriculture Committee’s bill that year initially failed on the House floor and later squeaked through on a 213-211 vote. Twenty Republicans joined all House Democrats in voting against that bill.

After reconciling with the Senate bill and the removal of some of the contentious changes to SNAP, most Democrats flipped their votes in support and the House agreed to the final conference report in a bipartisan vote of 369-47. The dissenting votes included 44 Republicans and three Democrats.

A trend toward fracture

The partisan division over the nutrition title creates new fault lines for the farm bill.

Historically, farm bill alliances were more regional than partisan. They were built on a common ground of support for shared crops or producers: cotton in the South, corn in the Midwest and wheat in the Western Plains.

“What was our biggest issue back in the four farm bills that I wrote was not Republican versus Democrat. It was usually Midwest against the Southeast or the Northeast or the Southwest from a crop standpoint,” former Senator Saxby Chambliss said in an interview.

Chambliss, a Republican from Georgia, was on the House Agriculture Committee from 1995 to 2002 and the Senate Agriculture Committee 2005 to 2011, which included a stint as chairman and ranking member.

“There’s a different political dynamic that exists in the Senate today that did not exist when I was there,”  Chambliss said. “How much of that bleeds into the farm bill? I don’t know the answer to that, but obviously it’s a little more acrimonious than what I ever experienced.”

As partisan politics have become more entrenched in regions of the country, with the South becoming more closely aligned with the Republican Party, it has played out in farm-bill politics.

“You see a staunch realignment around where the regional and the partisan are now very similar,” said Coppess.

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Biden administration announces new rule to protect workers from heat-related illnesses https://missouriindependent.com/briefs/biden-administration-announces-new-rule-to-protect-workers-from-heat-related-illnesses/ https://missouriindependent.com/briefs/biden-administration-announces-new-rule-to-protect-workers-from-heat-related-illnesses/#respond Tue, 02 Jul 2024 11:30:12 +0000 https://missouriindependent.com/?p=20846

People sit with their feet in the fountain at the World War II Monument amidst a heat wave on the National Mall on June 19, 2024 in Washington, D.C. Temperatures in Washington reached 98 degrees as heat rose drastically throughout the East Coast (Anna Rose Layden/Getty Images).

WASHINGTON – Senior Biden administration officials announced a proposed rule Tuesday to prevent heat-related illness in the workplace, as climate change brings hotter temperatures around the nation.

In a call to reporters Monday, officials spoke on background about the new rule, which the administration sent to the Federal Register Tuesday for review. Depending on the heat index, the rule would require employers to monitor workers’ heat exposure, provide cool-down areas and take mandatory cool-down breaks.

This new rule comes as extreme temperatures will engulf much of the country at some point during the year. Heat waves occur more frequently now compared to the 1960s, from an average of two per year to six in the 2020s, according to data from the Environmental Protection Agency. Heat waves have also increased in duration and intensity.

Officials also pointed to record-breaking heat waves in June, high temperature predictions for the Fourth of July holiday and above-average predicted temperatures for July.

The rule would cover 35 million workers whose job responsibilities include being in the heat and require activities that could raise core body temperatures. This includes those working in construction, agriculture and landscaping, as well as those in indoor environments, like kitchen workers, who are exposed to heat indexes of 80 degrees or higher.

A notable aspect of the proposed rule includes acclimatization requirements. New or returning workers who are not used to the heat levels must be given a gradual increase in workload or a 15-minute rest break every two hours.

According to a senior administration official, 75% of workers who die on the job due to heat-related illnesses die in the first week. This rule would “significantly reduce the number of worker-related deaths, injuries and illnesses,” the official said.

Along with this new rule, the administration officials announced $1 billion in Federal Emergency Management Agency funding for 93 different communities and tribal nations. This includes $50 million to Philadelphia, Pennsylvania for stormwater pumping to mitigate flooding and $6 million to Greensboro, North Carolina for an improved flood drainage channel.

Through FEMA’s Building Resilient Infrastructure and Communities program, the funding will go towards developing infrastructure that is more prepared to handle extreme weather events.

Officials pointed to increases in wildfires, hurricanes and flooding as growing concerns for Americans.

“In addition to posing direct threats to lives and livelihoods, major weather events have significant economic impacts,” said one official.

Another senior official from the administration spoke of how these announced actions are part of President Joe Biden’s larger commitment to strengthen the country against the growing threats of climate change.

“We are taking action, bold action, historic action and action that’s delivering real meaningful, visible difference on the ground,” the official said.

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Cooler states now forced to grapple with extreme heat fueled by climate change https://missouriindependent.com/2024/07/01/cooler-states-now-forced-to-grapple-with-extreme-heat-fueled-by-climate-change/ https://missouriindependent.com/2024/07/01/cooler-states-now-forced-to-grapple-with-extreme-heat-fueled-by-climate-change/#respond Mon, 01 Jul 2024 18:00:18 +0000 https://missouriindependent.com/?p=20832

Elianne Alvarado, 44, fans herself at the Astoria Boulevard subway station stop in Astoria, New York, last week. Climate change is forcing New York and other Northeastern states such as Connecticut, Massachusetts and New Jersey to take extreme heat more seriously (Shalina Chatlani/Stateline).

NEW YORK — As temperatures soared into the 90s, the heat and humidity hit the concrete in Astoria, Queens, and bounced into the air. People moved along the scorched sidewalk slowly, their clothes drenched with sweat.

Elianne Alvarado, 44, who was raised in New York City and has lived here for most of her life, ascended the steps to the elevated Astoria Boulevard subway station, fanning herself with a sheet of paper. She was looking forward to escaping the heat in an air-conditioned train.

“I don’t ever remember it being this hot,” Alvarado told Stateline. “I remember other summers being nice, not that hot. But this week has been crazy.”

The heat wave that pummeled New York state and much of the East Coast and Midwest last week and into the weekend broke daily records in several cities. On June 19, Boston (98 degrees); Hartford, Connecticut (97); and Providence, Rhode Island (91), all set new highs for that date. In New York City, temperatures reached the low 90s — not a record, but plenty hot enough to cause misery, especially with humidity and the radiant heat from concrete and asphalt.

The Northeast is not the hottest part of the country, but several states in the region are among those where average temperatures have increased the most over the past two decades. In recent years, climate change has forced states such as Connecticut, Massachusetts, New Jersey and New York to take extreme heat more seriously. In preparing for a hotter future, some of them are copying the policies of states that are used to sizzling temperatures, such as Arizona, Florida and Louisiana.

Public health officials in Connecticut and New York, for example, are partnering with the federal Centers for Disease Control and Prevention to ensure that their most vulnerable residents — older and lower-income people — are better prepared for extreme heat and other aspects of climate change. And in April, New Jersey published a draft Extreme Heat Resilience Action Plan, recognizing that, “while the state remains committed to reducing emissions, New Jersey is past the point of avoiding all climate change impacts and needs to enact measures to adapt.”

“New Jersey is a northern state, and it is not necessarily the folks that are hardest hit by this phenomenon of extreme heat compared to, for example, the desert Southwest,” said Nathaly Agosto Filión, deputy chief climate resilience officer for the New Jersey Department of Environmental Protection.

“But for that reason, much of our built environment is maybe not as well designed to withstand the impacts, and much of our population sort of undervalues the extent to which it is a problem for our communities.”

New Jersey’s draft plan includes 133 action items, but the first priority is helping New Jerseyans cope with the heat. The state aims to do that by beefing up emergency preparedness and response; providing public cooling centers; planting more trees; and adopting workplace safety rules, among many other steps. It also plans a public information campaign to make people — especially vulnerable populations such as older and homeless people — aware of the risks of extreme heat.

“We’re also talking about outdoor workers, we’re also talking about athletes, we’re also talking about folks that are pregnant or breastfeeding — these are all subpopulations that are really important to engage,” Agosto Filión said.

‘Hot box’ apartments

Extreme heat is the leading cause of weather-related deaths in the United States — and those deaths are increasing as average temperatures rise, according to the U.S. Department of Health and Human Services. Approximately 2,302 people died from heat-related causes last year, up from 1,722 in 2022 and 1,602 in 2021.

Those totals are likely an underestimate, because heat waves make death more likely from other causes as well. A New York City analysis in 2022, for example, found an annual average of 360 heat-exacerbated deaths in the city compared with 10 caused directly by heat.

Last week on 31st Street in Astoria, Hassan Johnson was standing outside a bank with a water bottle and a towel, which he used to wipe the multiplying beads of sweat on his forehead. The 48-year-old truck driver blasts his three air conditioners when he’s at home, but the one in his truck is broken and it’s “hot as hell” as he makes deliveries. Driving in such conditions can be dangerous: In July 2022, paramedics had to cover a New York UPS driver in ice packs and take him to the hospital after he nearly collapsed at the end of his Long Island route.

Not far away, Meg Johansson was braving treeless Broadway to get an iced coffee.

“It’s a bad one,” said Johansson, 38, who has lived in the city for 15 years. “There have been a few summers where I remember really hot days, but I don’t remember one this early that was so prolonged. So it’s just been like torture trying to leave the house.”

Back at the Astoria Boulevard subway station, Alvarado said she was coping by staying hydrated, walking in the shade and taking cold showers. She’s fortunate to have air conditioning in her home, but she said she’s nervous about what the future will bring.

“You feel like you’re burning,” she said. “It’s like we are in a walking sauna.”

Ladd Keith, an associate professor of planning at the University of Arizona who focuses on climate change, said cities and states should have different plans to cope with extreme heat, because housing and development differ so dramatically among communities.

One challenge, Keith explained, is that many homes were designed for climates that have changed dramatically. Many “hot box” apartments in New York don’t have air conditioning because decades ago it was rarely needed. In the Pacific Northwest, many homes have large windows to let in light, but they let in too much heat during the now-warmer summers. Homes designed to rely on air conditioning, like those in Arizona, quickly become miserable if the power goes out.

Keith said that for the most part, the rising temperatures haven’t been enough to convince most Americans that heat is a serious threat — yet.

“Even though the awareness is growing, we really haven’t had this watershed moment, or what I call a ‘heatshed’ moment, where we’ve said, ‘We really need to take this seriously as a climate risk,’” Keith told Stateline.

Southern experience

But public officials in some states are focused on the threat.

The New York State Department of Health is one of 13 recipients, mostly state and local agencies across the country, of a CDC climate resilience grant. Neil Muscatiello, who heads the department’s bureau of environmental health, said the goal is “to identify how we think climate change is going to be impacting New Yorkers, particularly vulnerable populations, and then work on adaptations or interventions to help reduce those risks.”

The agency, noting that people can fall ill at lower temperatures, recently changed New York’s heat alert threshold from 100 degrees to 95 degrees. Last week, it was tracking emergency room visits and coordinating with other state and local agencies on getting vulnerable people to cooling centers.

Muscatiello said the department is also learning from other jurisdictions that have dealt with heat for years.

“It is a really collaborative process, not only with CDC, but also with other state partners. We’re always interested to hear what they’re doing.”

Southern cities and states have long integrated heat resilience into their public health programs and have lessons to share.

In 2021, Miami-Dade County, Florida, became the first jurisdiction in the world with a chief heat officer. Since then, Phoenix and other cities have followed suit.

One policy change Jane Gilbert, Miami-Dade’s heat officer, made was to lower the thresholds for heat advisories and warnings. The county now issues advisories when the heat index — what the temperature feels like to the human body when relative humidity is combined with the air temperature — reaches 105 degrees, down from the previous 108 degrees. The new standard for a heat warning is a heat index of 110 degrees, down from 113 degrees. She made the changes because heat-related illness can happen at the lower temperatures.

Gilbert also created an outreach strategy to help homeless people cope with extreme heat, including placing cooling centers in areas where there are many people living on the streets.

“We are doing a lot of great services to people who are unsheltered. That doesn’t mean we don’t miss people. We are doing a lot of messaging to employers with employees doing work, but that doesn’t mean we won’t miss people,” Gilbert said. “We know there are gaps. There is definitely more work to be done. That’s what we are focused on.”

Like Florida, Louisiana has long experience with extreme heat. But the state’s public health response still has to evolve with the warming planet, said Michelle Lackovic, who is the project lead for Louisiana’s Occupational Heat-Related Illness Prevention Program at the Louisiana Department of Health. Last year, she said, the state had more heat-related emergency department visits and fatalities than ever before.

Last summer the Louisiana Department of Health created a public, online dashboard for heat-related illness and daily counts of emergency room visits that it updates weekly during the hot months. The data is also broken down by sex, age, race and geography, so that the public can be aware of who may be most susceptible to the rising temperatures.

The state experienced over three weeks of temperatures above 95 degrees last year, Sundee Winder, an executive director at the health department, told Stateline.

“Drought, wildfires, saltwater intrusion, all of those things were a result of that extensive heat last year that was unprecedented for our state,” Winder told Stateline. “So, we continue to improve our dashboard, make it more user-friendly, and share the times of day that we see [people should] avoid.”

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and X.

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Radium in groundwater near West Lake Landfill in St. Louis County forces more testing https://missouriindependent.com/2024/07/01/radium-in-groundwater-near-west-lake-landfill-in-st-louis-county-forces-more-testing/ https://missouriindependent.com/2024/07/01/radium-in-groundwater-near-west-lake-landfill-in-st-louis-county-forces-more-testing/#respond Mon, 01 Jul 2024 10:55:39 +0000 https://missouriindependent.com/?p=20821

A sign warns of radioactive material at the West Lake Landfill. Thousands of tons of nuclear waste from the Manhattan Project were dumped there in the 1970s (Theo Welling/Riverfront Times).

Crews working to clean up the West Lake Landfill in St. Louis County detected contamination in nearby groundwater, forcing the U.S. Environmental Protection Agency to investigate whether radium might have left the site.

In a periodic update to nearby communities last month, the EPA said it would add groundwater monitoring wells around the site, which sits in Bridgeton, about a mile from the banks of the Missouri River. 

The expansion, which came after contamination was detected at the edge of the landfill, will help determine whether contamination may be migrating from the site and whether it could reach the river. Radium has been detected near the site at slightly above drinking water limits, the EPA said in a statement, but the radioactive element also occurs naturally in rock formations and aquifers.

Initially, the EPA had anticipated all necessary groundwater wells would be installed by August 2022, the project manager for the groundwater remediation at West Lake, Snehal Bhagat, said in a briefing in December.

“But the detections in offsite locations required a significant expansion of the network in order to delineate exactly where the impacts are found,” Bhagat said, “so a lot more wells were put in. We’re still putting them in as we chase the edges of the impacts.”

EPA: Radioactive contamination at West Lake landfill is more widespread

The West Lake Landfill, formerly a municipal landfill, is one of several sites in the St. Louis area contaminated by decades-old nuclear waste. 

St. Louis was pivotal to the development of the world’s first atomic bomb in the 1940s. Uranium refined in downtown was used in experiments in Chicago as part of the Manhattan Project, the name given to the World War II-era nuclear weapons program. 

After the war, radioactive waste from the downtown uranium plants was trucked to the St. Louis airport, often spilling off of trucks along the way, and dumped, unprotected on the ground next to Coldwater Creek. The creek, which runs through what are now bustling suburbs, was contaminated for miles, increasing the risk of cancer for generations of children who played on its banks and in its waters.

The waste sat at the airport for years before being sold and relocated to a property in nearby Hazlewood, also adjacent to the creek. In the early 1970s, after valuable metals were extracted from the waste, it was trucked to the West Lake Landfill and dumped illegally. It remains there today.

Now, the landfill is a Superfund site subject to EPA cleanup, and in recent years, the agency has discovered the contamination is more widespread than it thought. Despite outcry from the community, the EPA, for years, relied on a decades-old radiation reading taken from a helicopter to determine where the waste was.

Now, it’s working to determine the “size and mobility of the plume.”

“To date, no conclusions have been made about the source(s) of the radium in off site groundwater because data collection is ongoing,” Kellen Ashford, a spokesman for the EPA’s regional office said in an email.

Dawn Chapman, a co-founder of Just Moms STL, a nonprofit that formed to advocate for communities near contaminated sites around St. Louis, said she was concerned that the EPA hadn’t yet identified the edges of the contamination. 

Given both the radioactive waste and the other chemical contaminants that are in the landfill, she feared it could be “one hell of a nasty plume.”

Chapman noted the parties responsible for the site — the landfill’s owner, the company that dumped the waste and the U.S. Department of Energy — are nearing the end of the process to plan the cleanup at West Lake. 

“I really would have hoped,” Chapman said, “that by now they would have found the edge.”

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Presidential election seen as climate turning point as CO2 hits record https://missouriindependent.com/2024/06/27/presidential-election-seen-as-climate-turning-point-as-co2-hits-record/ https://missouriindependent.com/2024/06/27/presidential-election-seen-as-climate-turning-point-as-co2-hits-record/#respond Thu, 27 Jun 2024 14:00:28 +0000 https://missouriindependent.com/?p=20789

Emissions spew from a stack at the coal-fired Brandon Shores Power Plant in Anne Arundel County, Maryland (Mark Wilson/Getty Images).

WASHINGTON – Despite policies the Biden administration has championed to target climate change, recent findings show carbon dioxide in the atmosphere is at an all-time high, raising the stakes for November’s presidential election among advocates for aggressive climate action.

Recent data from the National Oceanic and Atmospheric Administration indicate that carbon dioxide in the atmosphere has been at record high levels the past two years. The jump from 2022 to 2024 is the largest two-year increase NOAA has recorded in the 50 years the agency has collected data.

As the presidential election approaches, key policy measures to curb climate change are at a turning point, advocates say, with a second Donald Trump presidency likely to defer to fossil fuel interests and roll back much of the environmental progress made under Biden.

The record jump in carbon dioxide came despite President Joe Biden’s focus on environmental and climate issues. Biden’s administration has taken more action on climate — by issuing executive orders, proposing and supporting ambitious legislation and setting carbon-reduction goals — than any of his predecessors, according to an analysis by the liberal think tank Center for American Progress.

On the campaign trail in 2019, Biden told voters, “We’re going to end fossil fuel.”

His campaign then announced in July 2020 its plan to eliminate energy production through fossil fuels by 2035.

And in the early days of his presidency, Biden promised to cut 2005-level emissions in half by 2030.

Biden’s climate record

According to the World Resources Institute, a Washington-based research organization, the U.S. is on track to achieve that goal.

A study in January 2024 revealed that greenhouse gas emissions — which include many types of gases along with carbon dioxide — were down 2% in 2023 from the previous year and were down more than 17% compared to 2005 levels. At the same time, the U.S. gross domestic product, a figure that approximates total economic output, grew by over 2%.

“What this suggests is that the Biden administration’s climate policies are beginning to work and that we’re bending the curve of emissions downward,” said Erik Schlenker-Goodrich, the executive director of the conservation group Western Environmental Law Center.

Biden has also set the U.S. economy on a path away from “fossil fuel and carbon-intensive economic sectors,” Schlenker-Goodrich added.

He pointed to the Inflation Reduction Act — the sweeping climate, health and taxes law Congress passed in 2022 with only Democratic votes and major backing from the Biden White House — as a significant investment in tackling climate change and building the U.S. economy around climate-friendly practices.

Biden signed the law in August 2022. It provided $369 billion in tax credits and spending for renewable energy programs, including electric vehicle tax credits, and provides incentives for climate-smart agriculture.

Climate and infrastructure

By 2030, the IRA will also create more than 1.5 million jobs in clean energy manufacturing and add $250 billion to the economy, according to projections  from the Labor Energy Partnership, a collaboration between the organized labor giant AFL-CIO and the Energy Future Initiative, a D.C.-based clean energy policy nonprofit.

The climate-focused law and the $1.2 trillion bipartisan infrastructure law that Biden signed in 2021 provide vital resources to developing climate-friendly practices, Schlenker-Goodrich said.

“The key is to set a foundation through U.S. infrastructure,” he said.

The administration has continued to pursue climate initiatives.

Following the NOAA announcement of increased atmospheric carbon dioxide, the Department of Energy and NOAA signed a memorandum of agreement to collaborate in the future on climate initiatives related to marine carbon dioxide removal and research. The effort is “an important pathway” to reach their emissions goal in 2050, according to a NOAA press release.

“Under the assumption that the Biden administration has a second term, the second term should be devoted to looking at how we can facilitate a just transition away from our dependency on oil and gas,” Schlenker-Goodrich said.

The American Petroleum Institute, the leading oil and gas industry group, did not respond to a message seeking comment.

Contrast with Trump 

Trump has criticized Biden’s record on climate and energy and has pledged to defer more to the oil and gas industry.

At an April meeting at Mar-a-Lago, the former president’s South Florida club and residence, Trump told the country’s top oil executives that if elected, he’d reverse Biden’s environmental policies and stop all future ones, according to the Washington Post. In exchange, Trump asked them to contribute $1 billion to his campaign.

Following the meeting, Democratic Sens. Sheldon Whitehouse of Rhode Island and Ron Wyden of Oregon launched an inquiry and called into question the reported quid-pro-quo fundraising tactics.

“Whether it’s Donald Trump’s promises to roll back climate policies in exchange for $1 billion in campaign cash or the fossil fuel industry’s collusion to jack up prices at the pump, Mr. Trump and Big Oil have proven they are willing to sell out Americans to pad their own pockets,” Whitehouse said in a written statement to States Newsroom.

“Let me be clear: A Trump Presidency would be disastrous for climate progress and for our efforts to shore up our economy against climate damages.”

The Biden campaign called attention to Trump’s ties with the fossil fuel industry as well, writing in a statement that Trump intends to work in their favor.

“Donald Trump calls climate change a ‘hoax’ and promises oil and gas executives they’ll get whatever they want behind closed doors if they donate to his campaign,” a campaign spokesperson wrote. “Our planet needs a president who will fight the climate crisis, not someone who pretends it doesn’t exist.”

When asked what a Trump presidency would look like for climate change, Schlenker-Goodrich of Western Environmental Law Center said, “it would prove disastrous.”

“When it comes to climate action, they’re going to do everything they possibly can, within their power and likely go beyond what those legal boundaries are, to support the fossil fuel industry at the expense of our country’s energy transition,” he said.

First term

During Trump’s term, his administration was “largely successful in weakening existing environmental regulations” that were set during Barack Obama’s presidency, according to the Brookings Institution.

By August 2020, the Trump administration had taken 74 actions to weaken environmental protections, according to the Brookings analysis.

The 2024 Trump campaign has already outlined the former president’s plans to change environmental and energy policy if elected in November. This includes drilling for natural gas and oil, or what Trump often calls “liquid gold.”

Trump also plans to withdraw from the Paris Climate Accords as he did in 2019 and combat Democratic efforts to implement the Green New Deal, an ambitious climate platform backed by members of the Democratic Party’s progressive wing, according to his campaign website. He also plans to reverse Biden’s efforts to manufacture more affordable electric vehicles in the U.S.

His priorities include ensuring the lowest energy prices for Americans, reducing inflation, and bringing more jobs to U.S. workers through fossil fuel industries, a campaign spokesperson said, adding that the Biden administration has done the opposite.

“No one has done more damage to the American oil and gas industry than Joe Biden,” the spokesperson wrote.

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Lawsuit claims ‘fraudulent scheme’ in Tyson plant closure in southeast Missouri https://missouriindependent.com/2024/06/14/lawsuit-claims-fraudulent-scheme-in-tyson-plant-closure-in-southeast-missouri/ https://missouriindependent.com/2024/06/14/lawsuit-claims-fraudulent-scheme-in-tyson-plant-closure-in-southeast-missouri/#respond Fri, 14 Jun 2024 21:08:14 +0000 https://missouriindependent.com/?p=20669

Chickens gather around a feeder at a farm on August 9, 2014, in Osage, Iowa. Chicken houses are often constructed near processing facilities like Tyson's former plant in Dexter, Missouri. (Scott Olson/Getty Images).

Tyson Foods, Inc. “devastated” a Missouri town and “chicken farmers who put everything on the line” to raise animals for slaughter when it closed its Dexter plant, a lawsuit alleges. 

An owner of three poultry farms in Arkansas that raised chickens for slaughter at the plant, which closed last October, filed a lawsuit against the company in Stoddard County Circuit Court last week. Attorneys are seeking certification as a class-action lawsuit to represent other affected farmers.

The lawsuit claims Tyson engaged in an “anticompetitive and fraudulent scheme” to reduce competition for poultry and receive higher profits in selling its Dexter plant. Doing so, the lawsuit says, not only put plant employees out of work but suppliers and families who “took on millions of dollars of debt.”

“The Tyson chicken processing plant was the lifeblood of the Dexter community,” the lawsuit says.

Tyson, the world’s largest chicken producer, operated a processing plant in Dexter — population 7,864 — for 25 years. It held contracts with local producers within 50 miles of the plant to grow chickens for slaughter. According to the lawsuit, those farmers — some with no experience and no collateral — took out government-backed loans and invested huge sums to build facilities to Tyson’s specifications. 

But while the farmers invested in facilities to care for the chickens, Tyson retained ownership of the birds, the lawsuit says, which shifted the risk from the poultry company to the local producers.

“The chicken houses built to Tyson’s specifications and financed by poultry banks could be used for one thing and one thing only: Raising chickens for slaughter at Tyson’s plant in Dexter,” the lawsuit says. 

Refugees came to Noel for opportunity. Tyson’s plant closure leaves their futures uncertain

The company “shocked and devastated” the Dexter community in August when it announced the plant would close in November. Tyson also closed its Noel plant last fall.

After Tyson’s announcement, according to the lawsuit, it assured state and federal lawmakers from Missouri that it wouldn’t prevent a competitor from acquiring the plant to continue slaughtering chickens.

In a social media post in September, U.S. Sen. Josh Hawley, a Missouri Republican, said Tyson’s CEO, Donnie King, assured him the company was willing to sell to competitors. 

“I hope Tyson is actively pursuing a sale that will save these jobs in Missouri,” Hawley wrote. “Second, he told me Tyson would help any farmer who wanted to keep raising chickens to do so, including helping them get new contracts with Tyson or other companies.”

But instead, it sold to Cal-Maine Foods, Inc., which produces eggs but does not slaughter chickens, which “decimated former Tyson chicken farmers…whose farms were financed and built exclusively for the chicken slaughter system.” Raising chickens for egg-laying “is an entirely different grow process.”

The redacted lawsuit filed in circuit court says the terms of a property use agreement reached by Tyson and Cal-Maine are illegal and will shut chicken farmers out of any market in Dexter for 25 years. Those terms are redacted.

But the result of the agreement, the lawsuit alleges, is “reducing the value of the farmers’ multi-million-dollar investments to nearly nothing” and boosting Tyson’s profits by reducing the supply of chicken to increase prices. 

Neither of the companies nor attorneys for the plaintiffs immediately responded to requests for comment.

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‘Time for a reckoning.’ Kansas farmers brace for water cuts to save Ogallala Aquifer https://missouriindependent.com/2024/06/14/time-for-a-reckoning-kansas-farmers-brace-for-water-cuts-to-save-ogallala-aquifer/ https://missouriindependent.com/2024/06/14/time-for-a-reckoning-kansas-farmers-brace-for-water-cuts-to-save-ogallala-aquifer/#respond Fri, 14 Jun 2024 14:00:58 +0000 https://missouriindependent.com/?p=20624

Sprinklers irrigate a field in Hamilton County, Kansas, where some farmers have petitioned to be removed from a local groundwater management district. State lawmakers are pressuring the district to do more to conserve water in the Ogallala Aquifer. (Allison Kite/Kansas Reflector)

JETMORE, Kan. — An inch or two of corn peeks out of the dirt, just enough to reveal long rows forming over the horizon.

Sprinkler engines roar as they force water from underground to pour life into dusty fields.

Thunder cracks. The wind whips up dirt as a trail of dark storms looms. The crashing hot and cold fronts would probably set off tornado sirens — if there were any in this remote part of the state.

It’s spring in southwest Kansas, a hub for the nation’s crop, dairy and beef industries.

This story, the second in an occasional series about water challenges facing the American heartland, is a partnership between Stateline and the Kansas Reflector. Read the first story here.

As the familiar seasonal rhythm plays out, some farmers are bracing for major changes in how they use the long-depleting Ogallala Aquifer. The nation’s largest underground store of fresh water, the Ogallala transformed this arid region into an agricultural powerhouse.

After 50 years of studies, discussions and hand-wringing about the aquifer’s decline, the state is demanding that local groundwater managers finally enforce conservation. But in this region where water is everything, they’ll have to overcome entrenched attitudes and practices that led to decades of overpumping.

“It scares the hell out of me,” farmer Hugh Brownlee said at a recent public meeting in the district on the changes to come.

Last year, Kansas lawmakers passed legislation squarely targeting the Southwest Kansas Groundwater Management District, which spans a dozen counties. Unlike the two other Kansas districts that sit atop the crucial aquifer, this one has done little to enact formal conservation programs that could help prolong the life of the aquifer. The new law aims to force action.

Hugh Brownlee walks by a dry creek bed on his farm near Syracuse, Kansas. Farmers such as Brownlee could face irrigation cutbacks following legislation from Kansas lawmakers. (Allison Kite/Kansas Reflector)

The district has come under fire from legislators increasingly incensed by its substantial travel expenses, its lack of formal conservation policies and its alienation of farmers who are trying to save water. At a hearing in February on a bill meant to help farmers in one county leave the district, a Kansas House member floated the idea of doing away with the organization, also known as Groundwater Management District 3, altogether.

“Maybe that’s something that we need to consider — just dissolve GMD 3 so that these other boards that are doing good work are not affected,” said state Rep. Cyndi Howerton, a Republican from Wichita.

District leaders think the criticism is unfair. But even they acknowledge that painful change is brewing. Change that will force farmers to cut back.

Clay Scott, a farmer and rancher who has served on the district’s board for more than two decades, said most local farmers are ready to change. That’s partly because they don’t want to give the state a reason to impose its own restrictions, he said.

Scott said the problem of overuse has been generations in the making and can’t be reversed overnight.

“It’s going to take us time to turn this ship around,” he said.

But critics say the organization has already had plenty of time. Decades.

Agriculture built these High Plains towns. Now, it might run them dry.

“My biggest disappointment with GMD 3 is they’ve had 50 years to build a consensus on conservation and they failed to do it,” said Frank Mercurio, who works for a dairy with facilities across southwest Kansas and southeast Colorado.

The discussions here mirror those occurring not just across the eight Ogallala states (Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas and Wyoming) but also across the country. The dual threat of climate change and overpumping of groundwater threatens farming and agricultural communities coast to coast.

Outside the town of Syracuse, Kansas, Brownlee runs a small farm with dryland and irrigated fields divided by a curvy two-lane blacktop. More than 200 years ago, Mexican and American traders following the Santa Fe Trail crossed this part of the plains on ox-pulled wagons.

Brownlee, who farms part time and drives a propane truck, said he understands the shrinking water supply. But he thinks the state is to blame — not farmers. Decades ago, Kansas officials issued more water rights than the aquifer can sustain.

The state should fix that, rather than punishing farmers with across-the-board cuts, he said.

“They want to be able to flip the switch and just stop it,” Brownlee said. “That’s not going to do anybody no good.”

‘Should have been done 40 years ago’ 

In a community center on Main Street in Lakin, Kansas, a few dozen farmers in feed and seed hats last month pulled folding chairs off a big metal rack.

Mark Rude, executive director of the Southwest Kansas Groundwater Management District, addresses farmers at a community center in Lakin, Kansas, on May 20, 2024. Kansas lawmakers are requiring the district to create a new plan to help preserve the Ogallala Aquifer, which spans eight states. (Allison Kite/Kansas Reflector)

Just below the stained drop ceiling panels, a tilted projector shone onto a bare beige wall the district’s plans to comply with the new law. The first step: identifying priority areas for its conservation efforts.

An expert from the Kansas Geological Survey pointed to maps of the district. Blood red blots showed where aquifer conditions were most severe. In some parts of the district, the aquifer is already all but gone. Other areas have more than 60 years of water left even if they don’t cut back their usage.

But at this and a series of meetings across southwest Kansas, district leaders outlined plans to declare its entire territory a priority area. Some critics viewed the move as a stall tactic, but district leaders say it leaves all options available to them. The district in 2026 will have to present an action plan, which it says will reflect the huge variations in aquifer conditions.

Kansas’ chief engineer, Earl Lewis, who will evaluate the board’s plan and future conservation efforts, said the board likely can designate the whole region a priority, though he’s not sure it meets “the spirit” of the law.

In the series of meetings, farmers ran through familiar questions, concerns and excuses.

What about the farms pumping the aquifer down in Oklahoma?

What about all the new dairies and feedlots coming in?

What about city drinking water wells?

Crop irrigation accounts for 85% of all water use in Kansas — even more in western Kansas.

Corn sprouts in long rows in Wichita County, Kansas, where farmers created a conservation program to save water in the quickly depleting Ogallala Aquifer. (Allison Kite/Kansas Reflector)

The group also discussed the possibility of paying growers to shut down their wells.

But one farmer said he can’t farm his sandy soil without irrigation. After the meeting, he declined to be named, saying he could get in big trouble for sharing his real feelings.

Local farmer Steve Sterling interjected at the first meeting in Garden City to say conservation planning “should have been done 40 years ago.” Some of his neighbors abandoned their farm when he was 12, he said. They were out of water.

Katie Durham, who manages Groundwater Management District 1 in western Kansas, drove south to attend some of the meetings in GMD 3. She said she hoped the farmers in attendance understood that change is coming under the new law.

“This is happening,” Durham said. “I just hope that urgency and sense of wanting to be involved and kind of taking ownership of the future on a local level — I just hope people are understanding that.”

YOU MAKE OUR WORK POSSIBLE.

‘This is a cultural thing’

Between the 1950s and the 1970s, Kansas created the fundamental problem that allows aquifer depletion by granting farmers the right to pump more water out of the aquifer each year than returns to it via rainfall. But the state has largely left it up to locals to find solutions to the problem.

The state charged the three groundwater management districts over the Ogallala with protecting both the agricultural economy and aquifer water. But their five-decade histories primarily have been marked by further decline of the Ogallala Aquifer. Two districts have made progress in recent years and helped farmers to slow, or even stop, the decline.

GMD 3 is different.

Burke Griggs, a water attorney who previously worked for the state, argues the southwest Kansas district isn’t doing much compared with the other two.

“The law is the same. The regs are basically the same,” he said. “This is a cultural thing.”

He argues the state should take a firmer stance in aquifer management.

“I think it’s time for a reckoning,” Griggs said.

A Holstein cow peers through the barrier of a dairy farm in Hamilton County, Kansas. Farmers in the county have petitioned to leave a local groundwater district that has also come under fire from state lawmakers. (Allison Kite/Kansas Reflector)

District officials say farmers in GMD 3 have used 13% less water in the past 10 years compared with the decade before. But it’s unclear how much of that change is intentional — from conservation — or a reflection of the limited water available in the declining aquifer.

Though its territory is twice the size of the other two districts’ combined, the southwest Kansas district hasn’t accomplished as much. The other districts have offered financial assistance to farmers investing in water-efficient irrigation systems and championed large-scale restrictions on pumping.

GMD 3 has done none of that. Between 2010 and 2022, financial records show, the district spent, on average, only 13% of the money it budgeted for conservation. In most years, it didn’t spend anything on conservation.

Mark Rude, who has been the organization’s executive director for nearly two decades, said the district’s entire budget supports water conservation. The district takes in more than $1 million per year and spends 70% of that on salaries and benefits, according to financial documents received through a records request. The rest goes largely to office equipment, travel and other administrative costs.

“I mean, ultimately, that’s why we’re here,” Rude said, “and if you look at the $600,000-plus we (spend) on staff, why is the staff here?”

This summer, the district board will consider a 38% increase in the fee it imposes on water users, which is expected to raise more than $200,000 each year. Rude said that money would primarily be used to hire two new employees to help with grant projects offering technical assistance to farmers trying to conserve water.

Between 2010 and 2022, GMD 3 spent about four times as much on travel for Rude and staff as on water conservation. On average, the GMD pays more than $20,000 each year for Rude’s travel — plus another $20,000 for the rest of its staff members — compared with $10,000 for water conservation.

Last year, the district changed its financial statements, reporting fewer, broader categories. The new financial structure did not distinguish travel costs from other expenses.

Rude defends the spending by saying it’s necessary to build the partnerships and relationships needed to achieve district goals, including its aim of piping in water from out of state.

“How else do you do it?” Rude said. “Really, please show us: How else do you do it?”

House bill calls for western Kansas to create plans to save the Ogallala Aquifer

Last year, lawmakers from both sides of the aisle questioned Rude during a committee hearing on why the district wasn’t doing more to conserve groundwater.

State Rep. Lindsay Vaughn, an Overland Park Democrat, said during a legislative hearing that the district had 50 years to act but made no progress on addressing aquifer decline.

“The issue is only becoming more urgent,” Vaughn said, “and I am discouraged to see that there aren’t any real efforts right now to get the ball rolling and coming up with a long-term plan.”

The district’s lack of action also has drawn the attention of farmers who mounted a campaign to secede.

In 2022, Hamilton County farmers submitted a petition to withdraw from the groundwater district.

They characterized the organization as a bureaucratic mess with a ballooning budget that spends little on conservation, obstructs programs meant to slow groundwater decline and provides no benefits for dryland farmers who also pay assessments.

The petition criticized groundwater district leaders’ fixation on building an aqueduct across the state. The organization twice has trucked water 400 miles from the Missouri River to western Kansas in an effort to sell the idea.

In their petition, Hamilton County farmers said the project only managed to move and dump water with “no tangible benefit to anyone.”

Richard Geven, owner of the 10,000-head Southwest Plains Dairy, was among those who signed the petition to leave.

Geven, a native of the Netherlands who has been farming here for nearly 20 years, said he sees little reason for the groundwater district. When he has issues with his wells or needs clarity on water rights, he works with state regulators.

But he pays assessments every year to the district.

“We don’t know what the purpose is,” he said. “We think, ‘What are they doing? We don’t need them.’”

‘They will face the same choices’

Across most of the Ogallala states, governments have preferred to encourage voluntary conservation rather than mandating steep cutbacks, said Kevin Wagner, director of the Oklahoma Water Resource Center at Oklahoma State University.

Map of the Ogallala, or High Plains, Aquifer.

Oklahoma allows farmers to use up to 2 feet of water each year on every acre they own. But usage is not monitored. Farmers report annual estimates of water usage.

And the state has not banned the drilling of new irrigation wells.

Researchers have closely monitored the decline of the aquifer across the Oklahoma Panhandle — it’s dropping about half a foot per year, he said.

But there’s no telling how much individual farmers are using or conserving.

“When I talk to producers in Oklahoma, there’s a lot of feeling that Oklahoma producers are doing just as good at conserving as their neighbors in Texas and in Kansas,” Wagner said. “And honestly there’s no data out there right now.”

Oklahoma state Rep. Carl Newton, a Republican, introduced legislation this year that would require irrigators to meter their water use.

The measure passed, but amid steep opposition from agriculture trade groups, Republican Gov. Kevin Stitt vetoed it. He called it government overreach and a violation of private property rights.

Newton said he plans to reintroduce the bill, which he described as “a starting point” for conservation efforts.

“You’ve got to find out where your problem is to get an idea of where to go,” he said. “That was my whole goal.”

Kansas started requiring irrigators to install meters and report water usage in the early 1990s.

We all understand that we are sucking water out of a bathtub. And the rate we’re taking it out of the bathtub exceeds the rate Mother Nature can put it back in.

– Kansas farmer Don Smith

Formal conservation efforts have been underway in other parts of the region for years.

In Nebraska’s Republican River Basin, groundwater regulators have helped producers install soil moisture probes and more accurate meters that use telemetry to conserve. And Colorado offers a master irrigator course to help farmers grow crops more efficiently.

In Wichita County, Kansas, just beyond the bounds of GMD 3, farmers created a conservation program that launched in 2021. Called a local enhanced management area, farmers committed to cutting water use by at least 25%.

Farmer Don Smith said the program provided a chance for locals to act together before the state stepped in.

Smith, his brother and nephews together run Smith Family Farms, which grows corn, wheat and milo against a backdrop of massive wind turbines. Shiny grain bins emblazoned with the family name tower near the office, where a curious Australian shepherd keeps watch, rearing up on hind legs to peer through the door.

Farmer Don Smith stands near a wheat field in Wichita County, Kansas. Smith and fellow farmers have cut back on pumping groundwater as part of an effort to conserve the Ogallala Aquifer. (Allison Kite/Kansas Reflector)

The farm is mostly dryland. Its irrigated fields draw upon 38 wells, connected to advanced sprinkler systems that help reduce water use. The farm also has transitioned to no-till methods, which keeps more moisture in the soil.

Smith said the farm shows that growers can save water and still make money. Lower water use does lead to lower yields, he said. But it also makes growing crops less expensive.

Smith knows the groundwater district just to his south has deeper wells and more abundant water. But the declining aquifer eventually will force changes there.

“I guess it’ll be interesting to see if at some point somebody responds before the gun’s to their head,” he said. “They will face the same choices we all north of them have had to face.”

In Wichita County, Smith said, test wells show the changes have slowed or even reversed aquifer decline. But even so, he doesn’t think irrigated farming will last forever. He expects the day will come when pumping small amounts of water won’t be worth the cost.

“We all understand that we are sucking water out of a bathtub,” he said. “And the rate we’re taking it out of the bathtub exceeds the rate Mother Nature can put it back in.”

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and Twitter.

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Missouri statewide candidates decry inaction on St. Louis area nuclear waste https://missouriindependent.com/2024/06/13/missouri-statewide-candidates-decry-inaction-on-st-louis-area-nuclear-waste/ https://missouriindependent.com/2024/06/13/missouri-statewide-candidates-decry-inaction-on-st-louis-area-nuclear-waste/#respond Thu, 13 Jun 2024 15:10:43 +0000 https://missouriindependent.com/?p=20616

Secretary of State Jay Ashcroft, who is running for governor, speaks at a press event about St. Louis area nuclear waste Wednesday, June 12, 2024 in Florissant. (Clara Bates/Missouri Independent)

Several Republican candidates for Missouri statewide office on Wednesday evening urged stronger state and federal action to clean up St. Louis-area radioactive waste and compensate victims.

Parts of the St. Louis area have been contaminated for 75 years with radioactive waste left over from the effort to build the world’s first atomic bomb during World War II. 

Secretary of state Jay Ashcroft, who is running for governor, Will Scharf, who is running for attorney general and House Speaker Dean Plocher, who is running for secretary of state, attended the news conference outside the Florissant Municipal Court building. They spoke alongside advocates, victims and legislators representing the region.

The press conference preceded an annual update from the Army Corps of Engineers on cleanup efforts at the downtown site, Coldwater Creek, St. Louis Lambert International Airport and Latty Avenue.

And it came as the fight in Washington, D.C. to extend compensation to St. Louis-area residents continues, because the federal Radiation Exposure Compensation Act failed to get a reauthorization vote in the House and expired Friday.

“Let me tell you, I understand that most people that go to Washington D.C. are not exactly profiles in courage, but if you can’t stand up to stop little kids from getting incurable diseases because of radioactive waste that is left in the ground, there’s something wrong with you,” Ashcroft said. 

“And you know, if it’s not a problem, why don’t we have 10, 20 representatives, 10, 20 senators, come and wade through Coldwater Creek and talk about it?” 

Scharf said he’d been calling members of Congress and urging them to reauthorize RECA with St. Louis area victims included.

“The region has paid enough,” Scharf said, “and it’s time for the games to end and for the people who have been harmed to finally receive the compensation they deserve.”

U.S. Army Corps of Engineers workers work on cleanup of Coldwater Creek, the St. Louis County site contaminated by radioactive waste from the Manhattan Project (courtesy of U.S. Army slide deck).

Plocher said he was there to support Rep. Tricia Byrnes, R-Wentzville, who has been an advocate for compensation and cleanup of the waste and has “brought so much light to something I was completely unaware of.”

“…It’s astounding the cover up, the lack of transparency from the federal government that has befallen this community, all in the name of protecting our national sovereignty to create weapons to help defend us in the war,” he said. “So it’s about time somebody does something about it.”

Byrnes organized the press event. 

 “I do not want to make this about politics,” she said when asked if she has endorsed the candidates who participated in the news conference. 

Byrnes grew up in the area and, as a teen, swam in a quarry she didn’t know was contaminated in Weldon Spring.

The news conference was a last-minute decision and she reached out to the people “who have helped champion it,” including Rep. Chantelle Nickson-Clark, D-Florissant, she said.

In an interview with The Independent, Scharf, who was policy director for former Gov. Eric Greitens, said he first met advocates who work on the radioactive waste issue in 2016.

“I’d like to see a much more vigorous investigation and potentially a lawsuit against the Department of Energy,” Scharf said.  “I want to use every legal tool at my disposal as attorney general to fight for justice for the victims of this region.”

Ashcroft told The Independent he’d been “trying to raise awareness and get the state involved” for years.

If elected, he said, “the governor can help move policy,” pushing for more money in a statewide testing fund, and working with the Missouri congressional delegation to “push the feds to do more work with Congress.” 

“And the last thing the federal government wants is publicity about it. They buried it through multiple ways for 75 years. And one thing that I know I can do, even as Secretary of State is, I can be public about it. I can force them to face the issue.”

Plocher pointed out he didn’t mention his campaign in the news conference and told The Independent he hadn’t come as someone “running for office today. I’m here to be the speaker of the House,” and said he wanted to help Byrnes and Nickson-Clark. 

“The two of them have been working tirelessly,” he added.

YOU MAKE OUR WORK POSSIBLE.

‘People are still dying’

Representative Chantelle Nickson-Clark, D-Florissant, speaks at a June 12, 2024 press event on nuclear waste in the St. Louis area, surrounded by Speaker Dean Plocher, R-Des Peres and Rep. Tricia Byrnes, R-Wentzville. Will Scharf stands on the far right (Clara Bates/Missouri Independent).

Around 80-90 people attended the annual community meeting held at the Florissant Municipal Courts Building Wednesday night. 

The Corps of Engineers has authority, through the Formerly Utilized Sites Remedial Action Program, over the downtown, Coldwater Creek, airport and Latty Avenue sites. Cleanup of the West Lake landfill is being overseen by the Environmental Protection Agency. 

After World War II, waste from the downtown site was trucked to St. Louis County, sometimes spilling along the way, and dumped at the airport. Decaying barrels released radioactive waste into Coldwater Creek, and despite acknowledging the risk of contamination, the private company that produced the waste thought it was too dangerous for workers to put the material in new barrels.

Eventually, the waste was sold to another private company and moved to a property on Latty Avenue, also adjacent to Coldwater Creek. The material was stored in the open where it continued to contaminate the creek. 

St. Louis area residents affected by nuclear waste listen as the Army Corps of Engineers presents at a community meeting June 12, 2024. (Clara Bates/Missouri Independent)

At the meeting, several residents expressed frustration with the government’s progress in cleaning up the sites and a lack of communication.

Ray Hartmann, a Democrat running for Congress in the 2nd District, said he had been to a similar meeting in 2013.

“What reason do these people have to believe you that this is going to be different than it was in 2013?” Hartmann asked.

Col. Andy Pannier, commander of the Corps’ St. Louis District said the agency is trying to make its  actions match its words and see “constant, continuous progress.”

At another point, Pannier added that “There is no property that can wait till tomorrow or the next day or the next day,” which was met with applause.

“There’s only so many we can work on at any given time. And so we try to prioritize that…we try to prioritize the areas that would have the highest risk for potential exposure to the public to be first and then move to the next and the next,” he added.

Pannier said “the timeline that we’re working off of is completion by 2038.”

The Corps has promised signs warning of the contamination but they haven’t been installed, said Deborah Bowles, who said she grew up in Florissant and has come to Corps meetings for years.

“It’s just not hard on our mental health,” she said. “It takes a lot out of us physically to come and try to advocate for this.”

Cleanup is a “huge process…but does it take this long to get signage out?” she asked, adding that people who move to the area may not know the risks.

Pannier said “I know this is absolutely an area of concern for many of you and so I will sit with my team and figure out how we got to what you saw versus what you’re asking.”

Nickson-Clark also raised the issue of sign placement at the news conference.

“People are still dying, children are becoming diagnosed with rare cancers…Where are the signs?” Nickson-Clark said. “This community is still walking, playing in Coldwater Creek. Families are still being affected by Coldwater Creek.”

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Missouri communities divided over spreading meatpacking sludge https://missouriindependent.com/2024/06/06/missouri-communities-divided-over-spreading-meatpacking-sludge/ https://missouriindependent.com/2024/06/06/missouri-communities-divided-over-spreading-meatpacking-sludge/#respond Thu, 06 Jun 2024 19:25:53 +0000 https://missouriindependent.com/?p=20496

Anti-sludge signs dotted the roadsides of rural Newton and McDonald Counties on Feb. 24 (Athena Fosler-Brazil/Missourian).

GRANBY — About a year after Blair Powell built his dream home in the southwest Missouri Ozarks, a noxious smell wafting from the farm next door ruined his son’s wedding reception in their backyard.

“It just was ungodly,” Powell said. “Just the worst, horrible, horrible smell. Eyes were burning, some were just nauseous, and some were sick, they had to leave.”

The source of the odor was a large waste lagoon on farmer Jerry Evans’ property, about a mile behind Powell’s house. The open-air pit contains “sludge,” as it is colloquially known, composed of animal parts and wastewater from meat and poultry processing facilities. According to neighbors, the material looks like a gray slurry, thick as a milkshake, and smells like a dead animal — which is what it is. Arkansas-based Denali Water Solutions made a deal with Evans and other farmers to house the lagoons and provided the material to area farmers as free “fertilizer.”

Evans leased a patch of his land to Denali for a 450-by-350 foot storage lagoon in Newton County that held over 13 million gallons of waste and used the sludge on his own fields. Powell said it ran into his yard too, prompting him to build up a barrier around his pond to protect its fish and his grandkids, who play nearby.

Denali is one of several companies in Missouri supplying meatpacking sludge to farmers, a practice happening across the United States as concerns grow about spreading waste material on land.

Residents living near the lagoons and fields using sludge report a rancid smell that clings to them once they step outside, making it unbearable to spend time outdoors. Some are now concerned about contamination of soil, drinking water and streams, as well as possible disease from pathogens.

The Missouri Department of Natural Resources is reviewing three draft permits for land application of sludge from HydroAg, Synagro and Bubs Inc. covering 9,495 acres of land in southwest Missouri. Four additional companies have submitted permit applications to the department. The Columbia Missourian’s review of the draft permits initially found 60 errors, which the department has since corrected.

That’s only the beginning. According to public records the Columbia Missourian obtained from DNR, the department has issued over 1,400 permits for various types of land application of waste across the state, including meatpacking and sewage sludge. In addition, nearly 70 larger wastewater treatment plants in Missouri report applying sludge to land, according to the U.S. Environmental Protection Agency’s Enforcement and Compliance History Online database, or ECHO.

Discovering Denali

Homestead farmer Caleb Wardlaw may have been the first to sniff out a problem. Two years ago, he noticed a nauseating smell on his land near Rocky Comfort, just north of the Arkansas border.

“There were all kinds of rumors going around about what it actually was,” Wardlaw said.

Wardlaw talked to Sheila Harris, a local reporter for the Cassville Democrat, who jumped in her car and traced the smell upstream to the Evans lagoon. Harris has since published dozens of articles on sludge, from the disruption Denali has caused in her community to state and national efforts to regulate sludge and water pollution.

As news got around, residents of Newton and McDonald counties got organized. Community group Stop Land Use Damaging our Ground and Environment, or SLUDGE, organized in 2023 and sued DNR to force it to regulate Denali as a solid waste management company due to odor and water contamination concerns.

SLUDGE committee member Vallerie Steele lives adjacent to the Evans property. As an emergency room nurse in St. Louis, she worked throughout the height of the pandemic. “I had my share of dead bodies,” Steele said. “This is worse than that. You open your front door to go out, the smell hits you like a brick wall. The flies are horrible.”

While the smell has the biggest impact on her day-to-day life, Steele and others have environmental concerns, too. One concern is PFAS, the “forever chemicals” commonly found in wastewater sludge.

“What happens when they find out it’s laden with PFAS, and the water’s contaminated to the point we can’t use it?” Steele said. “I worry about my kids, my grandkids, my neighbors, the generations to come.”

Denali and companies like it are adamant that their practices are not only safe but are the environmentally responsible option.

“Recycling valuable, nutrient-rich food processing residuals is crucial to protecting water quality in Missouri and necessary for the success of both food production and farming operations in the state,” Sam Liebl, Denali’s director of communications, wrote in an email.

The company is in the process of emptying the Evans Lagoon, the Gideon Lagoon in McDonald county and another lagoon in Macon County, following a DNR consent decree in January where Denali agreed to pay a $21,665 fine for violating clean water regulations. A DNR investigation found that the company applied so much sludge that it covered vegetation and pooled in saturated fields.

A community divided

The crisis has led to two state agencies intervening and a new state law to regulate sludge. Many relationships have already grown strained over the issue, and as sludge use grows, residents worry about what will happen to their communities.

Powell’s own brother-in-law has used Denali sludge on his farm. Powell said their relationship has soured due to their disagreement over sludge.

“Now it’s neighbor against neighbor, now it’s family versus family,” Powell said. “It’s getting to the point where I don’t know how it’ll all end up.”

In nearby Anderson, resident Jerry Mann is experiencing similar community tensions. His neighbor stores sludge supplied to him in large containers right along Mann’s property, worsening conflict between the two homeowners who already don’t get along.

About two years ago, Mann and several others nearby wrote a “nice letter” to the neighbor who was land-applying sludge, asking him to stop. Shortly thereafter, one of the neighbors saw the farmer using sludge in town. Their argument almost turned physical, Mann said.

“I’m not violent, but some of them get really, really violent about it,” Mann said, “I’m wary about somebody grabbing a gun and shooting each other.”

Evans, who agreed to host a Denali lagoon on his property, said he feels like an outsider in his community, as his neighbors no longer speak to him over the lagoon.

On an early spring day in February, he pointed out how his fields were blanketed in bright green, while his neighbors’ fields were still a dull winter brown. Evans attributed the difference to the sludge, which brought more stability to his yields. He said none of his neighbors have ever stopped by to talk with him about the lagoon, so they don’t understand why he uses it.

“Most of the people in this area don’t like me right now,” he said. “The people that are causing the uproar on this, I don’t usually ever visit with them anyway.”

Regulatory struggles and evolving science

County commissioners in the area feel powerless to stop the sludge use. McDonald County Presiding Commissioner Bryan Hall said he’s done what he can to help his constituents, but much of the problem-solving ultimately falls on DNR.

“We were kind of isolated down here in our dealing with it, and that’s one reason we weren’t getting much attention from the state legislature,” Hall said. “But when that (lagoon) was being built up there in Randolph County… it kind of opened their eyes and made them realize that this is not a problem that’s unique to one area.”

Sharon Turner joined the fight against sludge in March 2023 when she discovered Denali was planning to build a storage lagoon across the street from her property near Jacksonville in Randolph County, north of Columbia. Turner’s land, without her consent, had been listed as a site for sludge application. Turner is a member of a local activist group, Citizens of Randolph County Against Pollution, or CRAP, which filed a lawsuit that prevented Denali from filling the lagoon.

“The agricultural laws, rules and regulations are so lax and have so many loopholes,” Turner said. “That’s what’s allowed for the creation of this problem that we’re in.”

The Missouri Fertilizer Control Board transferred the authority to regulate sludge to DNR in spring 2023 after finding the waste material “did not have significant economic market value.” At the time, 13 companies were spreading waste in Missouri from 129 sources, including poultry plants, pet food companies, dairies and other operations in Missouri and seven neighboring states. In June, the DNR issued permit exemptions to companies previously licensed by the board. Those companies must now seek permits or find other ways to dispose of the waste.

The nutrient and chemical contents of sludge vary, and testing is inconsistent. Sludge contains phosphorus and nitrogen, two nutrients plants need, but the concentrations can be too high, said William Wymore, an expert in industrial wastewater treatment and executive producer of Good Morning Sludge Truck, a podcast explaining the complicated landscape of sludge production and management.

“We’re talking about nutrient loads that are literally thousands of times” the recommended amount of phosphorus, nitrogen and calcium, Wymore said.

Heather Peters, Water Pollution Control Branch Chief for DNR, said sludge can be beneficial as long as it is properly managed and regulated, but the department is still figuring out how to do this.

“It is a unique situation when we’re talking about managing these materials as fertilizer on agricultural land,” Peters said. “It could be done successfully if it follows the permit. This is new ground for us.”

No end in sight

The Missouri House and Senate recently approved House Bill 2134, which will create new wastewater sludge regulations under the Missouri Clean Water Act.

Michael Berg, political director of the Sierra Club’s Missouri chapter, said that his group approves of the legislation. However, Berg said it is valid for residents to question whether it will resolve their concerns, especially as the new company permits progress.

“I think the legislation is a good step,” Berg said. “(But) we have broader issues with the oversight over animal agriculture in the state and the monitoring of CAFOs and slaughterhouses.”

Powell is one of many residents who believes the waste companies will find avenues to continue their operations in Missouri.

“It’s all about money,” Powell said. “I don’t know how legislation is going to work out, but I think money is gonna win, whoever has the big bucks. So I think I’m stuck.”

This story originally appeared in the Columbia Missourian. It can be republished in print or online. 

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States beg insurers not to drop climate-threatened homes https://missouriindependent.com/2024/06/06/states-beg-insurers-not-to-drop-climate-threatened-homes/ https://missouriindependent.com/2024/06/06/states-beg-insurers-not-to-drop-climate-threatened-homes/#respond Thu, 06 Jun 2024 15:06:55 +0000 https://missouriindependent.com/?p=20490

Climate-induced weather disasters include record wildfires in the West, record-setting heat waves and droughts, and aggressive hurricanes. Here, smoke plumes and hurricane clouds are visible at once (photo courtesy of NASA Earth Observatory).

In the coming years, climate change could force Americans from their homes, not just by raising sea levels, worsening wildfires and causing floods — but also by putting insurance coverage out of reach.

In places including California, Florida and Louisiana, some homeowners are finding it nearly impossible to find an insurance company that will cover their property. Others have seen their premiums climb so high that they can no longer pay. Experts say the trend is spreading throughout the country as natural disasters increase.

Most mortgage lenders require homeowners to maintain insurance. Without access to coverage, millions of Americans could find themselves forced to reconsider where they live. Consumer advocates say long-overdue conversations about development in areas prone to natural disasters are being driven by property insurers, not governments.

“Insurance companies have basically become our land-use officials,” said Doug Heller, director of insurance with the Consumer Federation of America, a research and advocacy nonprofit. “In 2023, the industry suddenly seemed to wake up and say, ‘There’s climate change, forget all those times we’ve nodded our head yes and told you that you can live there.’”

As the crisis escalates, state leaders are desperately trying to convince insurance companies to stick around. States are offering them more flexibility to raise premiums or drop certain homes from coverage, fast-tracking rate revisions and making it harder for residents to sue their insurance company.

Meanwhile, a flood of new policyholders are joining state-backed insurance “plans of last resort,” leaving states to assume more of the risk on behalf of residents who can’t find coverage in the private sector.

Industry leaders note that insurance companies have been hammered by heavy payouts — last year, 28 separate U.S. natural disasters caused at least $1 billion each in damage, according to federal figures — and say they simply can’t afford to provide coverage in the areas that face the highest risk.

Disaster costs are soaring. In the last five years, there have been 102 disaster events in the United States that caused at least $1 billion in damage. In the entire decade of the 1990s, there were 57 billion-dollar events (adjusted for inflation), and in the 1980s there were 33.

Natural disasters are increasing at the same time risk-prone areas are becoming ever more populated, and as property values are climbing. The price of repairs and replacement have skyrocketed due to inflation, workforce and supply chain issues. Insurers say costs also have been driven by an uptick in litigation and fraud.

“We’re experiencing record-breaking losses as it relates to natural disasters,” said Adam Shores, senior vice president for state government relations with the American Property Casualty Insurance Association, an industry group. “We want to be there, but when the math doesn’t work for a company, they have to make those decisions.”

While the insurance crisis is most acute in certain coastal states, climate experts say every region will face similar challenges, especially as severe storms batter the middle of the country. While some states have made marginal gains in stabilizing the insurance market, some experts say that progress may be short-lived.

“Insurers are the climate change canary in the coal mine,” said Dave Jones, the former insurance commissioner in California and director of the Climate Risk Initiative at the University of California, Berkeley’s Center for Law, Energy, & the Environment. “While these policy and regulatory interventions might help in the short run, they’re likely to be overwhelmed by the increasing risk and loss.”

‘The perfect storm’

This map depicts the total estimated cost borne by each state from billion-dollar weather and climate events from 1980-2023 (Screenshot from NOAA NCEI Billion-dollar disasters web mapping tool).

In some hard-hit states, policymakers have focused on giving insurance companies more flexibility to adjust their rates and coverage options.

Four hurricanes walloped Louisiana in 2020 and 2021, causing $23 billion in insured losses. Twelve insurance companies became insolvent and dozens left the state. Residents in southern Louisiana especially have struggled to find coverage, and some have moved elsewhere because they couldn’t afford their premiums.

“It’s the perfect storm,” said Louisiana state Rep. Gabe Firment, a Republican. “We just do not have companies willing to write business in Louisiana right now, and you can’t blame them.”

Firment sponsored a measure, enacted this year, repealing a state rule that had blocked companies from dropping long-standing customers. Those dropped can join a state-run plan. Lawmakers hope that — given the ability to cancel the highest-risk policies — insurance companies will remain in the state and avoid massive rate hikes on their remaining customers.

Legislators passed a suite of other laws aimed at the crisis, speeding up the process for insurers to adjust their rates, extending a grant program to help residents fortify their homes and giving companies more time to pay out claims. Firment said the changes are designed to attract more companies back to the state, “but if we get two or three hurricanes this year, all bets are off.”

In California, many major insurers have canceled policies or stopped accepting new applications due to wildfire risk. Regulators there have proposed a rule that would allow companies to incorporate climate change projections into the models they use to set their rates.

“Insurers are not going to continue to write in every market if they can’t price accurately,” said Mark Friedlander, director of corporate communications with the Insurance Information Institute, an industry-backed research group.

Meanwhile, Democratic Gov. Gavin Newsom has put forth a measure that would speed up regulators’ approval of the rate revisions proposed by insurance companies. While seeking to give insurers more flexibility on rates, California leaders also have sought to protect residents by establishing a one-year moratorium on policy cancellations in disaster areas following a wildfire.

Officials at the state Department of Insurance did not respond to Stateline interview requests.

Homeowners’ insurance rates in Texas spiked 23% last year, twice the national average. The state has endured a myriad of disasters in recent years, but consumer advocates fear insurers are weaponizing climate change to jack up rates and demand looser regulations.

“[Insurance companies] are putting a gun to our heads, telling us, ‘Do it our way or we’ll pull up stakes,’” said Ware Wendell, executive director of Texas Watch, a nonprofit advocacy group. “They’re going to cherry-pick the country and only insure parts of the country that have less climate risk.”

The Texas Department of Insurance did not grant a Stateline interview request.

‘Last resort’

In several states, homeowners who can’t find private coverage are joining state-run plans. Originally intended to be a last-ditch option, because they generally offer limited coverage, these plans are seeing more and more residents signing up.

Florida has seen more than 1 million residents join the plan offered by the state-run Citizens Property Insurance Corporation. The plan, which is meant to be a “last resort” option, now stands as the largest in the state.

Insurance rates in Florida have climbed to four times the national average, following hurricanes Ian and Nicole in 2022. The state also has seen an uptick in claims lawsuits that insurance companies characterize as legal abuse.

Legislators changed state law in 2022 to disincentivize such lawsuits, ending homeowners’ ability to collect attorneys fees from insurers in claims disputes. State regulators say insurance rates have stabilized in 2024, and new companies are joining the market. The Florida Office of Insurance Regulation did not grant an interview request.

But some lawmakers say state leaders are eager to help insurance companies while ignoring the underlying issue of climate change.

“Stabilization is important, but [premiums] have stabilized at high rates,” said state Rep. Anna Eskamani, a Democrat. “Floridians can’t afford Florida anymore, and if we’re not taking climate change seriously, then we’re missing the point.”

Eskamani called for leaders to change land-use policies to limit development in high-risk areas.

Even as some Florida homeowners are now shifting from the state-run plan back to the private market, industry experts say the nationwide surge in state-backed policies is troubling. If such plans exhaust their reserves, states impose an assessment on either all insurance companies or all individual policyholders — known in Florida as the “hurricane tax.”

Jones, the former California insurance commissioner, noted that insurers there are worried that growing wildfire risk could force them to bail out the state plan. Nearly 400,000 Californians rely on the state plan for insurance, and state officials have warned that a catastrophic event could wipe out its reserves.

While Californians struggle to find insurance on the private market, Jones called out the insurers that are dropping policies even as they retain financial ties to fossil fuel companies.

“Why are insurers investing in and writing insurance for the very industry that’s making it increasingly challenging for them to write insurance in certain parts of the country?” he said.

In Colorado, lawmakers voted last year to create a state-backed insurance plan like those in more than 30 other states. State Sen. Dylan Roberts, the Democrat who sponsored the bill, said he heard from constituents who were getting dropped by their insurers following the Marshall Fire that swept through Boulder County in 2021.

“We’re going to have more and more Coloradoans every year who are unable to find insurance for their property on the private market,” he said. “To have an insurer of last resort is something we hope isn’t used widely, but it’s something we need to have.”

Some consumer advocates believe states will have to get more involved. Amy Bach, executive director of United Policyholders, a nonprofit that advocates for insurance customers, said governments face the same difficult risk calculations as private companies but are tax-exempt and don’t face the same pressures to return high profit margins to shareholders.

“Publicly supported insurance programs are here to stay,” she said. “It behooves us to build them as smart as we can.”

In Washington state, regulators say they have only a few hundred policies on the state-backed plan, a sign that residents can still access coverage on the private market. David Forte, senior property and casualty policy adviser with the Office of the Insurance Commissioner, said the agency has added actuarial staff to speed up insurers’ rate revision approvals.

He also credited the work of state leaders who have invested millions to reduce wildfire risk. But he cited a 2022 wildfire that nearly swept through the town of Index, before shifting winds changed its direction.

“If that had happened, I think our property market would be different,” he said. “Are we just one bad event away? Probably.”

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and Twitter.

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U.S. House speaker reverses on radiation compensation bill that excluded Missouri https://missouriindependent.com/2024/05/29/house-speaker-johnson-opposes-radiation-compensation-for-missouri-new-mexico/ https://missouriindependent.com/2024/05/29/house-speaker-johnson-opposes-radiation-compensation-for-missouri-new-mexico/#respond Wed, 29 May 2024 19:41:28 +0000 https://missouriindependent.com/?p=20382

A photo taken in 1960 of deteriorating steel drums containing radioactive residues near Coldwater Creek, by the Mallinckrodt-St. Louis Sites Task Force Working Group (State Historical Society of Missouri, Kay Drey Mallinckrodt Collection, 1943-2006).

U.S. House Speaker Mike Johnson’s office on Wednesday scrapped a proposal to extend a compensation program for victims of radiation exposure without expanding it to thousands of Americans across nine states.

In a statement that came less than four hours after Johnson’s office said a proposal to expand the program was too expensive, a spokesperson said Republican leadership had decided not to bring the bill up for a vote next week. The statement said the decision came after discussions with U.S. Rep. Ann Wagner, a Republican from the St. Louis suburbs.

Wagner said in a statement she was glad Republican leaders “listened to my concerns and those of my constituents and pulled the floor vote on this misguided proposal.” 

“We’re going to keep fighting for expansion…so Missourians impacted by radiation get the support and compensation they deserve,” Wagner said.

The existing Radiation Exposure Compensation Act expires in less than two weeks, and as the deadline nears, federal lawmakers have been caught between the need to extend the program to keep it available for people who already qualify and pressure to expand it to cancer patients from St. Louis to the Navajo Nation.

Members of Missouri’s Congressional delegation decried Johnson’s plan to extend the program without expanding it. Early Wednesday afternoon, Johnson’s spokesperson said Republican leaders were “committed to ensuring the federal government fulfills its existing obligations to Americans exposed to nuclear radiation.” 

“Unfortunately, the current Senate bill is estimated to cost $50-60 billion in new mandatory spending with no offsets and was supported by only 20 of 49 Republicans in the Senate,” the spokesperson said.

It’s unclear after leadership’s reversal whether a vote on an expanded program will be held before the law expires. 

The Radiation Exposure Compensation Act, or RECA, originally passed by Congress in 1990, offers compensation to uranium miners and civilians who were downwind of nuclear bomb testing in Arizona, Utah and Nevada. It expires June 10, and for months, advocates and members of Congress — especially from Missouri and New Mexico — have been lobbying Congress to expand it.

U.S. senators have twice passed legislation that would expand RECA, but it hasn’t gone anywhere in the House of Representatives. The legislation would add the remaining parts of Arizona, Utah and Nevada to the program and bring coverage to downwinders in Colorado, Idaho, Montana, New Mexico and Guam. It would also offer coverage for residents exposed to radioactive waste in Missouri, Tennessee, Alaska and Kentucky. 

Dawn Chapman, who co-founded Just Moms STL to advocate for communities affected by World War II-era nuclear waste that contaminated parts of the St. Louis area, called Johnson’s initial statement a “pitiful excuse.” 

Chapman welcomed Johnson’s change of mind and gave credit to Wagner, but she said advocates couldn’t sit an enjoy the victory because it’s unclear where the legislation will go from here.

“We went from feeling good to horrible to, I guess, good now,” she said.

Chapman and supporters of the legislation believe the $50-60 billion price tag is an overestimation, and she noted that cost is spread over five years. 

She said supporters have worked to cut the costs of the program, including narrowing the list of health conditions that would qualify for compensation. If costs were a concern, Chapman said, Johnson should have met with advocates to work on further cuts. 

Chapman said she’d return to Washington, D.C., next week, and “the least he can do is meet with us for 10 minutes.”

Johnson’s earlier position was revealed Tuesday evening on social media by U.S. Sen. Josh Hawley, a Missouri Republican, and sparked outrage among the state’s congressional delegation. 

U.S. Reps. Cori Bush, a Democrat from St. Louis, and Ann Wagner, a Republican from the nearby suburbs, vowed to oppose any extension of RECA that didn’t add Missouri.

On social media Wednesday afternoon, Hawley said the federal government “has not begun to meet its obligations to nuclear radiation victims.”

“(Missouri) victims have gotten zilch,” Hawley said. 

Parts of the St. Louis area have been contaminated for 75 years with radioactive waste left over from the effort to build the world’s first atomic bomb during World War II. Uranium refined in downtown St. Louis was used in the first sustained nuclear chain reaction in Chicago, a breakthrough in the Manhattan Project, the name given to the effort to develop the bomb. 

After the war, waste from uranium refining efforts was trucked from St. Louis to surrounding counties and dumped near Coldwater Creek and in a quarry in Weldon Spring, polluting surface and groundwater. Remaining waste was dumped at the West Lake Landfill in Bridgeton, where it remains today. 

Generations of St. Louis-area families lived in homes near contaminated sites without warning from the federal government. A study by the federal Agency for Toxic Substances and Disease Registry found exposure to the creek elevated residents’ risk of cancer. Residents of nearby communities suffer higher-than-normal rates of breast, colon, prostate, kidney and bladder cancers and leukemia. Childhood brain and nervous system cancers are also higher. 

This article has been updated since it was initially published with an update that House Speaker Johnson reversed course and to add new comments from Dawn Chapman.

GET THE MORNING HEADLINES.

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U.S. House may consider extending nuclear weapons damages program without Missouri https://missouriindependent.com/2024/05/28/u-s-house-may-consider-extending-nuclear-weapons-damages-program-without-missouri/ https://missouriindependent.com/2024/05/28/u-s-house-may-consider-extending-nuclear-weapons-damages-program-without-missouri/#respond Wed, 29 May 2024 02:10:14 +0000 https://missouriindependent.com/?p=20371

A sign warns of radioactive material at the West Lake Landfill. Thousands of tons of nuclear waste from the Manhattan Project were dumped there in the 1970s (Theo Welling/Riverfront Times).

A proposal to renew compensation for cancer victims who were exposed to radioactive material from the nation’s weapons development without expanding the program to Missouri and several other states amounted to a betrayal, Missouri advocates and lawmakers said Tuesday.

Members of Congress from Missouri learned late Tuesday that U.S. House Speaker Mike Johnson plans to extend the federal program for two years despite pressure from communities harmed by nuclear bomb testing and waste to expand the program. 

The announcement dealt a huge blow to advocates from St. Louis, the Navajo Nation and other communities that have been left out of the program, originally created in the 1990s. The existing program covers civilians in parts of Arizona, Utah and Nevada and uranium miners. 

“I cannot believe how emotionally manipulated we feel that Speaker Johnson would sit back and allow sick and dying community members to beg him for a meeting for months — then to spend (an) hour and a half with staff only to have the door slammed in our faces!” Dawn Chapman, co-founder of Just Moms STL, said in a social media post.

Chapman was reacting to a post from U.S. Sen. Josh Hawley, a Republican from Missouri, who said Johnson told Hawley’s office he’ll seek a bill that doesn’t cover either state. Hawley said he’ll put up roadblocks to keep any such bill from passing the Senate without a fight. 

“Total dereliction,” Hawley said. “No member from Missouri can possibly vote for this.”

Since last summer, Hawley has been pushing for an expansion of the Radiation Exposure Compensation Act, which was initially passed in 1990 and offered compensation to uranium miners and residents who lived downwind of nuclear bomb testing sites in certain states.

Hawley’s legislation, which has twice passed the U.S. Senate, would expand the program to “downwinders” in the remaining parts of Arizona, Utah and Nevada and bring coverage to downwinders in Colorado, Idaho, Montana, New Mexico and Guam. It would also expand coverage to those exposed to radioactive waste in Missouri, Tennessee, Alaska and Kentucky. 

The existing RECA program expires June 10, and advocates and lawmakers from states hoping to be brought into the program have been urging Congress to renew and expand it.

U.S. Rep. Ann Wagner, a Republican from the St. Louis suburbs, said on social media that a RECA bill without Missouri “is dead on arrival.” 

“I will continue to fight for the expansion of RECA so Missourians are given the justice they deserve,” she said. “The House can and must take up the Senate-passed version.” 

U.S. Rep. Cori Bush, a Democrat from St. Louis, also wrote on social media that “failing to expand RECA is not a viable option.”

“Next week, Speaker Johnson plans to rip off Missourians and thousands of others who are suffering from radioactive waste dumped in our backyards by the federal government,” Bush said. 

Parts of the St. Louis area have been contaminated for 75 years with radioactive waste left over from the effort to build the world’s first atomic bomb during World War II. Uranium refined in downtown St. Louis was used in the first sustained nuclear chain reaction in Chicago, a breakthrough in the Manhattan Project, the name given to the effort to develop the bomb. 

After the war, waste from uranium refining efforts was trucked from St. Louis to surrounding counties and dumped near Coldwater Creek and in a quarry in Weldon Spring, polluting surface and groundwater. Remaining waste was dumped at the West Lake Landfill in Bridgeton, where it remains today. 

Generations of St. Louis-area families lived in homes near contaminated sites without warning from the federal government. A study by the federal Agency for Toxic Substances and Disease Registry found exposure to the creek elevated residents’ risk of cancer. Residents of nearby communities suffer higher-than-normal rates of breast, colon, prostate, kidney and bladder cancers and leukemia. Childhood brain and nervous system cancers are also higher. 

Johnson’s office did not immediately return a request for comment.

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Missouri advocates push for compensation for radioactive waste victims as deadline looms https://missouriindependent.com/2024/05/27/missouri-advocates-push-for-compensation-for-radioactive-waste-victim-as-deadline-looms/ https://missouriindependent.com/2024/05/27/missouri-advocates-push-for-compensation-for-radioactive-waste-victim-as-deadline-looms/#respond Mon, 27 May 2024 10:55:03 +0000 https://missouriindependent.com/?p=20343

Karen Nickel, left, and Dawn Chapman flip through binders full of government documents about St. Louis County sites contaminated by nuclear waste left over from World War II. Nickel and Chapman founded Just Moms STL to advocate for the community to federal environmental and energy officials (Theo Welling/Riverfront Times).

Over the course of half a dozen trips to Washington, D.C., Dawn Chapman has become accustomed to long days of congressional meetings and questions about St. Louis’ decades-long struggle with radioactive contamination.

Chapman, co-founder of Just Moms STL, wraps her feet with duct tape to keep her shoes from giving her blisters, and she and fellow advocates pack their schedules with meetings to ask lawmakers to expand compensation for those exposed to the U.S. nuclear weapons program.

The months-long fight has drained the budget of the small nonprofit, founded about 10 years ago to advocate for communities exposed to nuclear waste in the St. Louis region.

Despite efforts by St. Louis activists, as well as communities across the southwest, Congress has yet to act. And with the federal government’s existing compensation program set to expire in two weeks, the decision has come down to the wire. 

“I definitely think we are on the winning side of this,” Chapman said in an interview with The Independent, “and I do feel hopeful. It’s just — I’m tired.”

Chapman and fellow advocates are asking Congress to expand the Radiation Exposure Compensation Act, originally passed in 1990 to compensate uranium miners and those who were exposed to atomic bomb testing in parts of Nevada, Utah and Arizona.

But it excluded parts of the southwest, including New Mexico, where residents have developed cancer or had children with birth defects because of exposure to World War II-era bomb testing. 

It also didn’t include St. Louis communities that have struggled for decades with lingering contamination left over from efforts to develop the first atomic bomb.

The existing RECA program’s June 10 expiration date has set up a standoff between lawmakers from states already covered by the program and states, like Missouri, hoping to be included. But Chapman said she and fellow St. Louis-area activists will keep pushing even if the program isn’t expanded in the next two weeks.

“The reasons for RECA, the people that need it — they don’t disappear after June (10) regardless of what happens with this program,” she said. 

Parts of St. Louis have been contaminated for 75 years with radioactive waste left over from the effort to build the world’s first atomic bomb. Uranium refined in downtown St. Louis was used in the first sustained nuclear chain reaction in Chicago, a breakthrough in the Manhattan Project, the name given to the effort to develop the bomb.

After World War II ended, uranium was trucked from St. Louis to surrounding counties and dumped near Coldwater Creek and in a quarry in Weldon Spring, polluting surface and groundwater. Remaining waste was dumped at the West Lake Landfill in Bridgeton, where it remains today.

Generations of St. Louis-area families lived in homes near contaminated sites without warning from the federal government. A study by the federal Agency for Toxic Substances and Disease Registry found exposure to the creek elevated residents’ risk of cancer. Residents of nearby communities suffer higher-than-normal rates of breast, colon, prostate, kidney and bladder cancers and leukemia. Childhood brain and nervous system cancer are also higher. 

An investigation by The Missouri Independent, MuckRock and The Associated Press revealed last summer that the government and companies that handled the waste knew of the dangerous contamination for years before they informed the public. Those revelations inspired a push by U.S. Sen. Josh Hawley to expand RECA to cover those exposed to waste in St. Louis.

Hawley’s legislation, which passed the Senate again in March, would expand RECA to remaining parts of Arizona, Nevada and Utah as well as to Colorado, Idaho, Montana, New Mexico and Guam, where residents were exposed to radiation from nuclear bomb testing. It would also expand coverage to those exposed to radioactive waste in Missouri, Tennessee, Alaska and Kentucky. 

Stalled in the House

After filing for re-election, Congresswoman Cori Bush speaks to reporters about her campaign (Annelise Hanshaw/Missouri Independent).

The expansion of RECA sponsored by Hawley, a Missouri Republican, has twice passed the Senate. But it’s been stuck for months in the U.S. House of Representatives.

Members of the Missouri Congressional delegation hoped it would be included in a federal appropriations bill in March and were outraged when it wasn’t included. U.S. Rep. Cori Bush, a Democrat from St. Louis, called its exclusion an “insult to our communities.”

Since then, Bush has joined advocates in a last push to get RECA expanded before it expires next month. 

Bush has written letters to each of her 434 House colleagues, calling on them to support expanding RECA, and organized a meeting between advocates and House Minority Leader Hakeem Jeffries, a Democrat from New York. 

Bush said it had been frustrating that the legislation hasn’t made it through the House because “this legislation is a no-brainer.”

“We’re talking about compensating people at home who have been victims of war and continue to be victims of World War II,” she said. “The reality is that the people in St. Louis as well as across the country have been poisoned by the federal government, and the government has a responsibility to compensate those victims no matter the price tag.”

Bush said she needed colleagues to listen to victims.

“The cost has already been paid,” she said. “The cost is the human lives that have been taken because of our government’s negligence, the cost is those who are here on the Hill over and over again that are bringing stories forward saying, ‘My kids, my grandkids, me, my parents have all been sick or died.’” 

On the other side of the aisle, U.S. Rep. Ann Wagner, a Republican from the St. Louis suburbs, snagged a surprise meeting for advocates earlier this month with staff of House Speaker Mike Johnson’s office.

Wagner’s office declined an interview but said she will “continue to fight for reauthorization and expansion of RECA.”

Chapman said staff from Johnson’s office didn’t promise to bring RECA to the floor. But, she said, “what they told us is that it is absolutely on their radar.”

“They’re not ignoring it,” Chapman said. “They know it’s there. They are aware of it now and that there is a tremendous amount of Republican colleagues that are writing letters and that are reaching out to their office to have this hit the floor.”

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USDA chief voices ‘deep concerns’ over U.S. House GOP farm bill’s nutrition cuts https://missouriindependent.com/2024/05/23/usda-chief-voices-deep-concerns-over-u-s-house-gop-farm-bills-nutrition-cuts/ https://missouriindependent.com/2024/05/23/usda-chief-voices-deep-concerns-over-u-s-house-gop-farm-bills-nutrition-cuts/#respond Thu, 23 May 2024 11:15:47 +0000 https://missouriindependent.com/?p=20301

Agriculture Secretary Tom Vilsack expressed frustration that work on the $1.5 trillion farm bill has been delayed by eight months (Jared Strong/Iowa Capital Dispatch).

WASHINGTON — Agriculture Secretary Tom Vilsack on a call with reporters Wednesday strongly criticized a farm bill draft written by U.S. House Republicans, saying it would damage the coalition that traditionally has united behind farm bills and “raises the real possibility of being unable to get a farm bill through the process.”

The massive five-year legislation governing farm, nutrition, commodity and conservation programs is scheduled for a markup beginning Thursday morning in the House Agriculture Committee, headed up by Chairman Glenn “GT” Thompson, a Pennsylvania Republican.

It already has appeared headed for a clash with a proposal in the Democratic-controlled Senate amid disagreements over anti-hunger and conservation programs. In addition, the must-pass bill faces a House with a slim 217-213 GOP majority.

Vilsack expressed frustration that work on the $1.5 trillion measure has been delayed by eight months and said he has “deep concerns” about the proposed package released by Thompson last week. Lawmakers fighting over spending and the speaker post in the House last year passed an extension of the 2018 farm bill that expires Sept. 30.

“I appreciate the fact that folks are working hard. I appreciate the fact that they’ve listened to people out there in the countryside,” said Vilsack, a former governor of Iowa.

“But I’m afraid that what we have is a circumstance where the proposal being advanced by the House of Representatives, the Republican members of the Ag Committee, it really is designed not to create a route to passage … I think it’s designed, unfortunately, for a route to impasse, which will cause a further delay.”

Cuts to nutrition, disaster programs

Vilsack said he objects to provisions that would reduce spending on the Supplemental Nutrition Assistance Program, or SNAP, that delivers food assistance to more than 40 million low-income families.

By limiting future updates to the Thrifty Food Plan, the basis for benefit levels, the bill’s reductions would amount to $30 billion over 10 years, the liberal-leaning Center on Budget and Policy Priorities has estimated. Vilsack put the number at $27 billion.

“It’s been clear that there has been a coalition historically that is central to the passage of the farm bill, which understands the importance of addressing the nutrition programs and the farm programs,” Vilsack said. “It is essentially a crack in the coalition that is absolutely necessary to the passage of the farm bill … The fact that we’re crossing that red line raises the real possibility of being unable to get a farm bill through the process.”

He said he also has a problem with a section of the House bill dealing with the Commodity Credit Corporation, which carries out various farm programs.

The legislation would restrict the USDA’s authority to use the CCC’s Section 5, which Vilsack said would tie the agency’s hands in responding to natural disasters affecting farmers and force USDA to rely on Congress to enact disaster assistance.

“There’s no assurance that such bills get passed,” Vilsack said. “And secondly, oftentimes Congress underfunds those bills, as was the case so recently with the 2023 situation disasters.”

He said Thompson is proposing “essentially to eliminate the capacity of the secretary of Agriculture to utilize the CCC in the face of a natural disaster, for example, that distorts markets.” He also said he believes the bill overestimates the savings that would be obtained.

Vilsack said he prefers a farm bill proposal offered by Senate Agriculture Committee Chair Debbie Stabenow, a Michigan Democrat, describing it as “more practical” and “doable.” Stabenow, who has released a summary of her bill but not the text, would boost eligibility for nutrition programs such as SNAP, among other provisions.

Chair defends proposal

Thompson, in a statement after the call, pushed back on Vilsack’s comments and said his bill makes “historic investments” in agriculture.

“It’s clear from this eleventh hour push that the Secretary is determined to use every penny of the borrowing authority made available to him to circumvent Congress if left unchecked,” he said. “The Committee is reasserting Congress’ authority over the Commodity Credit Corporation, which will bring reckless administrative spending under control and provides funding for key bipartisan priorities in the farm bill.

“The sudden rancor on using the CCC as a pay-for is nothing more than the latest partisan attempt to divide our committee and slow down progress on passing a farm bill.”

The committee in a press release Wednesday also listed multiple statements of praise for the Thompson proposal, including the president of the American Farm Bureau Federation, the CEO of the National Conference of State Legislatures, the CEO of the National Association of State Departments of Agriculture and leaders of various commodity and trade groups.

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States need to keep PFAS ’forever chemicals’ out of the water. It won’t be cheap https://missouriindependent.com/2024/05/22/states-need-to-keep-pfas-forever-chemicals-out-of-the-water-it-wont-be-cheap/ https://missouriindependent.com/2024/05/22/states-need-to-keep-pfas-forever-chemicals-out-of-the-water-it-wont-be-cheap/#respond Wed, 22 May 2024 10:55:22 +0000 https://missouriindependent.com/?p=20290

To date, 11 states have set limits for PFAS, or perfluoroalkyl and polyfluoroalkyl substances, in drinking water (Getty Images).

In recent years, Michigan has spent tens of millions of dollars to limit residents’ exposure to the harmful “forever chemicals” called PFAS. And some cities there have spent millions of their own to filter contaminated drinking water or connect to new, less-polluted sources.

“We’ve made significant investments to get up to speed,” said Abigail Hendershott, executive director of the Michigan PFAS Action Response Team, which serves as a coordinating group for the state’s testing, cleanup and public education efforts. “There’s still a good chunk of the country that hasn’t taken on anything.”

That’s about to change.

The U.S. Environmental Protection Agency issued new standards last month for PFAS levels in drinking water, giving water systems three years to conduct testing, and another two years to install treatment systems if contaminants are detected. State officials and utilities say it’s going to be difficult and costly to meet the requirements.

“This is going to take a lot more investment at the state level,” said Alan Roberson, executive director of the Association of State Drinking Water Administrators, a group that convenes leaders in state health and environmental agencies. “It creates a big workload for everybody.”

PFAS chemicals are widespread, found in a host of everyday products and industrial uses, and they don’t break down naturally, meaning they stay in human bodies and the environment indefinitely. Exposure has been shown to increase the risk of cancer, decrease fertility, cause metabolic disorders and damage the immune system.

To date, 11 states have set limits for PFAS, or perfluoroalkyl and polyfluoroalkyl substances, in drinking water. Several others have pending rules or levels that require public notice. While the federal rule builds on those efforts, it also sets limits that are stricter than the state-issued rules.

“We really have looked to the states as leaders in setting standards and doing some of the foundational science,” said Zach Schafer, director of policy and special projects for the EPA’s Office of Water. “The state agencies are the ones who will be playing the point role [in implementing the national rule].”

Schafer said the agency estimates that 6% to 10% of water systems nationwide will need to take steps to reduce PFAS contamination, at a cost averaging $1.5 billion per year over an 80-year span.

Public health advocates say the EPA’s rule is an important step to ensure all Americans have access to safe water. They say state actions show that such efforts can work.

But some state regulators and water suppliers — even in states that already have their own rules — say the strict thresholds and timelines imposed by the feds will be difficult for many utilities to achieve. While the Biden administration has dedicated billions in funding to help clean up water supplies, experts say the costs will far exceed the available money.

“It’s going to have a significant impact nationally on water rates and affordability of water,” said Chris Moody, regulatory technical manager with the American Water Works Association, a group that includes more than 4,000 utilities.

An estimate, conducted on behalf of the association, pegs the national cost of cleaning up contaminated water at nearly $4 billion each year. The report found that some households could face thousands of dollars in increased rates to cover the costs of treatment.

‘There’s a lot of concern’

New Jersey in 2018 became the first state to issue standards for PFAS in drinking water. While the state’s regulations given New Jersey a head start, officials say they still have a difficult task ahead to meet the stricter thresholds.

“When we bring in the EPA number, the number of noncompliant systems goes up dramatically,” said Shawn LaTourette, the state’s commissioner of environmental protection. “There’s a lot of concern about cost and implementation.”

LaTourette said state leaders are working to analyze which water systems may fall out of compliance when the federal thresholds take effect. And he’s calling on lawmakers to provide more money to communities that can’t afford the upgrades.

In Washington state, utilities have begun testing for PFAS under state standards passed by regulators in 2021. Officials say that roughly 2% of the water systems tested so far aren’t in compliance, but that number would jump to 10% when factoring in the stricter federal limits. State leaders say they’ll be able to grandfather in the data they’ve been collecting to meet EPA’s testing requirements.

The agency may ask state lawmakers for a “substantial” increase in staffing to implement the new rules, said Mike Means, capacity development and policy manager with the Washington State Department of Health.

Michigan has had its drinking water standards for PFAS since 2020. Hendershott said state officials are well prepared to incorporate the EPA’s thresholds. But the strict new limits could quadruple the number of water systems that fall out of compliance.

Sarah Doll, national director of Safer States, an alliance of environmental health groups focused on toxic chemicals, said state efforts were key to bringing about the federal rule.

“They created the urgency for the feds to bring these standards,” she said. “States that already have regulatory standards absolutely are in a better position.”

‘It’s very expensive’

While many states have not enacted their own standards, some have conducted testing or taken other steps to address residents’ exposure.

Missouri has been testing water systems for PFAS for more than a decade and created maps to notify residents of potential exposure. Of the 400 systems it’s sampled, 11 may have trouble complying with the EPA rule, said Eric Medlock, an environmental specialist with the state Department of Natural Resources. The agency aims to bring on a chemist and laboratory equipment to conduct more testing in-house.

Medlock expressed concern that the federal limits are so strict that they’re near the threshold of what can be detected.

“When you get down to these really low detection levels that are right at the regulatory limit, that poses a problem,” he said. “We’re going to have to enforce and regulate what EPA proposed. It is going to be an issue.”

Medlock and others noted that states will face longer-term issues with the storage of the waste products filtered from the water,  which carry their own PFAS contamination risk.

The infrastructure bill passed by Congress in 2021 includes $5 billion over five years to help communities treat PFAS and other emerging contaminants.

More funding for cleanup may come from state lawsuits filed against chemical manufacturers. Thirty attorneys general have filed litigation against polluters, and Minnesota settled its case against 3M Company for $850 million. But leaders say such settlements aren’t a predictable funding source.

In addition to the upfront cost of installing treatment systems, utilities face ongoing expenses, such as replacing filters and disposing of waste, that are less likely to benefit from federal grants and loans. Meanwhile, some water system leaders say the federal compliance timelines may not be long enough.

“It takes time to design and build a major capital project,” said Erica Brown, chief policy and strategy officer for the Association of Metropolitan Water Agencies, a policy group that advocates for public water utilities. “It’s not one of those things that you say, ‘You have to do this, and next year,’ and you can just turn it on.”

And some officials fear the drinking water limits could lead to more state regulations on wastewater plants and other entities whose discharges may affect drinking water sources.

“It seems like it’s going to be problematic, because [treatment] is very expensive,” said Sharon Green, manager of legislative and regulatory programs with the Los Angeles County Sanitation Districts, an agency whose members operate 11 wastewater treatment plants.

Both state regulators and regulated utilities say state leaders need a broader approach to the PFAS problem than just treating the water that comes out of the tap. Officials need to stop pollution at the source, regulate industrial operations and limit products that contain the chemicals.

“If we keep it out of the river in the first place, … [the utility] doesn’t have to spend millions of dollars for treatment,” said Jean Zhuang, senior attorney with the Southern Environmental Law Center, an advocacy group focused on the South.

While Southern states have not adopted drinking water standards for PFAS, Zhuang said South Carolina’s requirement that polluters disclose their discharges of PFAS is a good model to begin cutting off contamination sources.

As states face down the expenses of fixing the PFAS problem, some advocates also want them to remember the public health costs of inaction.

“People will ultimately be consuming less of these chemicals and getting sick less often,” said Melanie Benesh, vice president of government affairs at the Environmental Working Group, a public health advocacy nonprofit.

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and Twitter.

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Farm bill text released in U.S. House, setting up fight with Senate https://missouriindependent.com/briefs/farm-bill-text-released-in-u-s-house-setting-up-fight-with-senate/ https://missouriindependent.com/briefs/farm-bill-text-released-in-u-s-house-setting-up-fight-with-senate/#respond Mon, 20 May 2024 16:03:27 +0000 https://missouriindependent.com/?p=20275

(Scott Olson/Getty Images).

WASHINGTON — The U.S. House Agriculture Committee Friday released the draft bill text of the long-awaited $1.5 trillion farm bill, which is likely to face opposition in the Senate from Democrats because of disagreements over federal anti-hunger programs and climate change requirements.

The chair of the committee, GOP Rep. Glenn “GT” Thompson of Pennsylvania, said in a statement that the bill, which will set farm, nutrition, commodity and conservation policy for the next five years, is a “product of extensive feedback from stakeholders and all Members of the House, and is responsive to the needs of farm country through the incorporation of hundreds of bipartisan policies.”

The legislation funds programs across 12 titles for five years.

It would boost rural farming, promote a new global market for farmers to sell their products abroad, require new reporting requirements for the foreign purchase of farmland, increase funding for specialty crops and expand eligibility for disaster assistance, among other initiatives.

“The markup is one step in a greater House process, that should not be compromised by misleading arguments, false narratives, or edicts from the Senate,” Thompson said.

The House Agriculture Committee plans to mark up the 942-page bill on Thursday. It is expected to cost $1.5 trillion over 10 years. A title-by-title summary can be found here.

In a statement, the top Democrat on the committee, Rep. David Scott of Georgia, slammed the draft bill for “taking food out of the mouths of America’s hungry children, restricting farmers from receiving the climate-smart conservation funding they so desperately need, and barring the USDA from providing financial assistance to farmers in times of crisis.”

Scott warned that the current draft bill is unlikely to pass the House. Although Republicans have a slim majority, any piece of legislation will have to be bipartisan in order to make it through the Senate, which Democrats control.

The current farm bill extension expires Sept. 30.

On the Senate side, Sen. Debbie Stabenow, a Michigan Democrat who leads the Committee on Agriculture, released Democrats’ own proposal in early May. Among other things, it would boost eligibility for nutrition programs for low-income people like the Supplemental Nutrition Assistance Program, or SNAP. Stabenow made public a summary of the bill, but not legislative text.

Scott and Stabenow released a joint statement Tuesday following a meeting with House Democratic Leader Hakeem Jeffries and Democrats on the House Agriculture committee. They advocated for Republicans to craft a bipartisan farm bill.

“House Republicans are undermining this goal by proposing policies that split the broad, bipartisan coalition that has always been the foundation of a successful farm bill,” they wrote.

“We need a farm bill that holds the coalition together and upholds the historic tradition of providing food assistance to our most vulnerable Americans while keeping our commitment to our farmers battling the effects of the climate crisis every day,” they continued.

The House bill has a few provisions that Democrats oppose.

One would remove climate-smart policy requirements for about $13 billion in conservation projects funded by the Inflation Reduction Act. Another  would limit future updates to the Thrifty Food Plan, the formula that calculates benefits for SNAP. “The economic impact of the SNAP cuts alone would be staggering,” Scott said.

A freeze in the Thrifty Food Plan would result in a roughly $30 billion SNAP cut over the next decade, according to the liberal-leaning Center on Budget and Policy Priorities. There are more than 41 million people who use SNAP benefits, according to the U.S. Department of Agriculture. 

However, the House farm bill would remove the ban on low-income Americans who have a drug conviction felony from obtaining SNAP benefits.

Environmental groups are also opposing the draft of the farm bill, raising concerns about reallocating IRA money and including a bill relating to how states regulate animal practices.

A watchdog group that focuses on government and corporate accountability in water, food and corporate overreach, Food & Water Watch Managing Director of Policy and Litigation Mitch Jones said in a statement that the draft bill would gut important climate-smart provisions.

“Some of leadership’s more dangerous proposals would take us backwards on animal welfare, and climate-smart agriculture,” Jones said. “It’s time Congress put the culture wars aside and got back to work on a Farm Bill that puts consumers, farmers, and the environment above politicking and Big Ag handouts.”

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Missouri legislators pass tax break for Kansas City nuclear weapons campus expansion https://missouriindependent.com/2024/05/17/missouri-legislators-pass-tax-break-for-kansas-city-nuclear-weapons-campus-expansion/ https://missouriindependent.com/2024/05/17/missouri-legislators-pass-tax-break-for-kansas-city-nuclear-weapons-campus-expansion/#respond Fri, 17 May 2024 19:38:34 +0000 https://missouriindependent.com/?p=20255

The National Nuclear Safety Administration plans to expand its Kansas City facility, which develops and manufactures the non-nuclear components of nuclear weapons. Missouri lawmakers approved a sales tax exemption on construction materials for the private developer building the expansion. It now goes to Gov. Mike Parson. (Allison Kite/Missouri Independent).

A proposed expansion of a nuclear weapons parts manufacturer in south Kansas City could get a boost from a tax break Missouri lawmakers passed Friday.

With only hours left in Missouri’s annual legislative session, the state House voted 141-2 to authorize a sales tax exemption for construction materials purchased to expand the National Nuclear Safety Administration campus, operated by Honeywell International Inc. 

The legislation now goes to Gov. Mike Parson. 

State Rep. Chris Brown, a Republican from Kansas City, called the legislation a “win-win.” 

“It’s a small ask on the sales tax exemption,” he said, “and it’s really about economic development. And at the end of the day…it’s about making sure we are keeping our nuclear facilities, our nuclear defenses — keeping them safe, keeping them dependable, and keeping them reliable.”

The National Nuclear Security Administration plans to spend more than $3 billion to expand its facilities in Kansas City, where workers produce non-nuclear components of nuclear weapons, according to a fiscal analysis on the bill.

If the administration built the facilities itself, it would be exempt from sales tax as a government entity. But to expedite the expansion, the federal government plans to acquire the buildings from a private developer. Supporters of the legislation argue exempting the private developer will keep the costs on par with what the federal government would pay itself.

The fiscal analysis of the bill says it would divert about a combined more than $150 million in state, county, city and Kansas City zoo sales tax revenue over 10 years, but it says the exact cost couldn’t be verified.

Staff legislative staff wrote that the bill’s “fiscal impact could be significant.” 

Supporters of the legislation — including its sponsor in the Missouri Senate, now-former Sen. Greg Razer — argue the jobs created by the expansion would offset the losses from the sales tax exemption.

Razer told a Missouri Senate committee earlier this year that the National Nuclear Security Administration, part of the U.S. Department of Energy, plans to add 2.5 million square feet of facilities and hire thousands of employees to help modernize the nation’s nuclear weapons stockpile. 

“We need to modernize this to keep them safe to ensure that accidents don’t happen,” Razer said, “and that’s what we will be doing in Kansas City.” 

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Advocates press U.S. House to act soon on compensation for nuclear testing victims https://missouriindependent.com/2024/05/16/advocates-press-u-s-house-to-act-soon-on-compensation-for-nuclear-testing-victims/ https://missouriindependent.com/2024/05/16/advocates-press-u-s-house-to-act-soon-on-compensation-for-nuclear-testing-victims/#respond Thu, 16 May 2024 20:41:11 +0000 https://missouriindependent.com/?p=20225

New Mexico Democrats Rep. Teresa Leger Fernandez, at the lectern, and Sen. Ben Ray Luján, and Guam’s Republican House delegate, James Moylan, along with advocates, on May 16, 2024, urged House Speaker Mike Johnson to call a vote to extend the Radiation Exposure Compensation Fund. The fund expires in early June (Ashley Murray/States Newsroom).

WASHINGTON — Lawmakers and advocates rallied outside the U.S. Capitol Thursday, urging House lawmakers to extend a fund for victims of U.S. nuclear testing that is set to expire in less than a month.

But critics say the program is too expensive and should be winding down, and it’s not clear if the House will act before the looming deadline.

New Mexico Democrats Sen. Ben Ray Luján and Rep. Teresa Leger Fernandez, and Guam’s Republican House delegate, James Moylan, among others, called on House Speaker Mike Johnson of Louisiana to bring the legislation to the floor.

“We stand with community members from across the United States, ranging from New Mexico, where they exploded the very first atomic bomb, to Guam to Missouri to Navajo to Utah to Colorado to people in Texas,” Fernandez said. “Communities that share a common bond of hardship, of death and of illness that came about because of the nation’s program to build and test atomic weapons.”

Legislation to expand and extend the fund already passed the Senate in early March in a bipartisan 69-30 vote.

Advocates and survivors have long said they were not warned prior to nuclear testing and were forgotten in the following decades as the consequences of nuclear fallout and waste affected their families.

The Radiation Exposure Compensation Fund, often shortened to RECA, was established in 1990 and pays one-time sums to those who developed certain diseases after working on U.S. nuclear tests before 1963, or who lived in counties downwind from test explosion sites between January 1951 and October 1958, and the month of July in 1962, in Arizona, Nevada and Utah.

Uranium industry workers who were employed in 11 states from 1942 to 1971 who subsequently developed qualifying diseases also qualify.

The U.S. conducted more than 1,000 atomic weapons tests from 1945 to 1992 — the first at the Trinity Test site near Alamogordo, New Mexico, where the U.S. tested the atomic bomb during the Manhattan Project prior to dropping the weapons on Hiroshima and Nagasaki, Japan at the end of World War II.

As of June 2022, the Justice Department has approved more than 36,000 RECA claims for more than $2.3 billion in benefits.

Unless the Radiation Exposure Compensation Fund is extended, claims have to be postmarked by June 10, 2024, according to the Department of Justice.

‘Unknowing, unwilling, uncompensated victims’

A small crowd of activists wore “Save RECA” buttons and matching yellow t-shirts bearing the message “We are the unknowing, unwilling, uncompensated victims of the Manhattan Project and Cold War.”

A sign on the small lectern read, “Speaker Johnson Pass RECA Before We Die.”

Dawn Chapman, co-founder of the St. Louis, Missouri-based Just Moms STL, told the crowd that she and advocates have been in lawmakers’ offices pushing for RECA to be taken up on the House floor.

“Speaker Johnson’s staff has met as of this morning with two community groups, ours being one of them. We did meet with his office for an hour-and-a-half,” she said.

Under the Senate-passed bill, championed by Missouri Republican Sen. Josh Hawley, the fund would extend the program by six years and expand eligibility in several new locations, as well as add qualifying diseases.

As written and if passed, the fund would reach areas including ZIP codes in Alaska, Kentucky, Missouri and Tennessee, where communities were impacted by radioactive waste dumping, uranium processing and other related activities surrounding the testing.

The bill would also expand downwind areas to include Colorado, Idaho, Montana, New Mexico, and Guam and increase the one-time compensation sums to victims or surviving family to $100,000, up from $50,000 to $75,000.

Hawley was not able to attend the press conference due to a last-minute conflict, according to his fellow lawmakers. But in a statement posted to X Thursday, he said, “The good people poisoned by their government’s nuclear radiation have been put off long enough – it’s time to make this right.”

In a statement to States Newsroom, a Johnson spokesperson said Wednesday that “The Speaker understands and appreciates Senator Hawley’s position and is working closely with interested members and stakeholders to chart a path forward for the House.”

Concerns over cost

Critics say the expansion would just be too costly.

An earlier iteration of the expansion, which received 61 votes in the Senate, was attached to last year’s massive annual defense authorization bill, but eventually lawmakers stripped it from the package.

According to an analysis by the watchdog group Committee for a Responsible Federal Budget, the cost of the expansion was slated to reach $150 billion.

Hawley cut the cost in his revised legislation that garnered bipartisan Senate support in March. The new price tag went down to an estimated cost of $50 to $60 billion over 10 years after Hawley removed some qualifying diseases, cut the scope of medical benefits and shortened the extension from 19 years to six years, according to the CRFB.

Still, critics worry that the funds will be designated automatic mandatory spending, meaning funding couldn’t be adjusted from year to year by lawmakers like discretionary spending.

“Compensation may very well be warranted for individuals harmed by the government’s nuclear activities, but the substantial deficit impact of the legislation is concerning and unnecessary,” the Committee for a Responsible Federal Budget wrote in March. The organization also pointed out that the cost is not offset by other federal spending cuts.

“There is no reason why this well-known, long-term problem should not be addressed with careful consideration for both policy design and offsetting revenue increases or spending reductions,” the organization’s statement continued.

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Bill to shield pesticide makers from cancer lawsuits faces long odds in Missouri Senate https://missouriindependent.com/2024/05/15/bill-to-shield-pesticide-makers-from-cancer-lawsuits-faces-long-odds-in-missouri-senate/ https://missouriindependent.com/2024/05/15/bill-to-shield-pesticide-makers-from-cancer-lawsuits-faces-long-odds-in-missouri-senate/#respond Wed, 15 May 2024 12:00:30 +0000 https://missouriindependent.com/?p=20182

Roundup’s manufacturer, the multinational Bayer, has faced myriad lawsuits related to the weed killer (Scott Olson/Getty Images).

Time is running out for legislation that would make it harder to sue pesticide manufacturers over claims their products cause cancer, with an unusual coalition of opponents working to ensure they’ve stalled the bill’s progress. 

The bill, critics argue, shields large corporations at the expense of everyday Missourians who have developed non-Hodgkin’s lymphoma they attribute to the use of pesticides formulated with glyphosate — most prominently, Roundup.

Supporters, including Roundup’s manufacturer, Bayer, say the lawsuits are unfair because glyphosate has been approved by environmental regulators who have determined it is “unlikely” to cause cancer in humans.

“Going through that litigation process and having this patchwork of labeling requirements has cost this company billions of dollars,” said Catherine Hanaway, an attorney for Bayer and former Missouri House speaker, “even when there’s consistent scientific consensus that glyphosate does not cause cancer.”

The legislation cleared the House and has until 6 p.m. Friday to pass the Senate, which has been marked this year by gridlock and dysfunction and is currently bogged down in a multi-day filibuster. 

It pits powerful agriculture and business organizations against trial attorneys that have built an alliance with GOP lawmakers known for bringing the state Senate to a halt: the Missouri Freedom Caucus.

“It’s not a traditional alliance,” said Amy Gunn, president of the Missouri Association of Trial Attorneys, “but I appreciate…that there are people on both sides of the aisle that can recognize the importance of not limiting our rights.”

The legislation, sponsored by Republican state Rep. Dane Diehl of Butler, would protect Roundup manufacturer Bayer from lawsuits by plaintiffs who claim the company failed to warn them that glyphosate might be carcinogenic. Bayer maintains that it’s safe, though it has paid billions to settle Roundup claims or pay out jury judgments.

Specifically, the legislation would dictate that pesticides that are registered with the Environmental Protection Agency and carry an approved label consistent with the EPA’s opinion on whether the ingredients are carcinogenic satisfies its duty to warn customers, insulating Bayer from “failure to warn” cases. Bayer argues 

“We believe anything that’s gone through the full regulatory process…and has been deemed safe through multiple studies, multiple endeavors — over time of about 50 years on certain products — that they have fulfilled their duties to warn of the dangers associated with the product,” Diehl said in a Senate committee hearing last month. 

‘This bill is about protecting a corporation over the citizens of our state’

Bayer said it has set aside about $16 billion to deal with Roundup lawsuits, including more than $10 billion it has already paid out in settlements. It has lost other cases at trial. 

Earlier this year, a jury in Philadelphia awarded a plaintiff $2.25 billion. Last year in Cole County, three plaintiffs were awarded $1.56 billion, though a judge later reduced that to $622 million. 

Bayer says the settlements it has paid out don’t represent an admission of wrongdoing. It stands behind the product and says it has won in cases where the court allowed it to present studies that deem glyphosate safe. 

But it’s looking at “several options” for the future of Roundup, said Jessica Christiansen, head of sustainability and stewardship for crop science at Bayer.

“We’ve been pretty clear that the cost and the burden of the lawsuits is not sustainable,” she said in an interview with The Independent when asked if Bayer would pull Roundup from shelves.

Missouri farm groups have backed the pesticide labeling legislation, saying farmers need assurance Roundup will be available for the long term. 

“We feel strongly that pesticides are an essential crop protection tool that provide many environmental benefits by enabling conservation practices,” Jacob Knaebel, a lobbyist for the Missouri Corn Growers Association, told a Missouri Senate committee last month. 

Christiansen, however, said it was “simply not true” that the legislation would provide blanket immunity for Bayer from litigation. She wouldn’t say whether it would shield the company from liability in “failure to warn” cases, but its sponsor and other supporters say that’s the idea. 

Bayer says there are other means by which people can sue, including product failures and warranty claims.

“There’s other ways that people can still file lawsuits, and they have the right to do that, but on this particular issue, we support the science and the labeling should be supported by science as well,” she said. 

Gunn panned that argument. 

“That’s been a talking point for the Bayer people, which sort of begs the question — okay, well then why do you want (the legislation)?” she said. “And the answer is clearly that the vast majority of the successful claims are based on a ‘failure to warn’ cause of action.” 

Melissa Vatterott, policy director for the Missouri Coalition for the Environment, said the legislation is “not the right thing for Missouri’s people.” 

“The fact that Bayer has lobbied not only legislators in Missouri but in three other states…shows that this bill is about protecting a corporation over the citizens of our state,” she said. 

Prospects for passage 

If the Senate does manage to take up the pesticide labeling bill before Friday’s adjournment, Vatterott said she doesn’t think the bill has enough support to make it to the governor’s desk. 

Efforts to make it harder for Missourians to file litigation against businesses have historically had the support of Republicans, who hold super majorities in both the House and Senate. But in more recent years, those bills have run into GOP opposition. This year, that resistance is led by the Freedom Caucus.

The rise of Republican criticism of these bills comes as trial attorneys have shifted their strategy from supporting Democratic candidates with donations to cutting big checks to Republicans aligned with the Freedom Caucus. 

The Missouri Chamber of Commerce and Industry says trial attorneys’ donations have helped “slow down the momentum on tort reform.”

“There is no doubt that the plaintiffs’ bar has taken a very, very active interest in lobbying and attempting to fund campaigns and candidates who are anti-tort reform,” said Brendan Cossette, the chamber’s chief of operations. 

Between 2005 when Republicans took control of the Missouri General Assembly until 2019, Cossette said, the legislature routinely passed “tort reform” legislation.

Cossette said the chamber still has some hope the pesticide bill might pass. 

“There’s always a chance,” he said. “The bill’s never really dead until the end of session…and you never know what dam might break and what bills might start going through.” 

Gunn doesn’t see certain conservative lawmakers’ opposition to the pesticide bill as a product of campaign donations. 

“If you look back over the last number of years, there has been…an alliance based on a mutual respect for the Seventh Amendment,” Gunn said. 

The Seventh Amendment to the U.S. Constitution protects the right to a jury trial in civil cases. 

Should the legislation pass, Gunn said, people who develop cancer they believe was caused by Roundup will call plaintiff attorneys like her.

“And I’m going to say, ‘You know what? You have no cause of action,’” she said, “‘but here’s who you need to call who voted for it, who voted to take away your Seventh Amendment right to have a cause of action.’” 

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Chicken farmers stuck with uncertainty, massive loans in wake of Tyson Foods closures https://missouriindependent.com/2024/05/10/chicken-farmers-stuck-with-uncertainty-massive-loans-in-wake-of-tyson-foods-closures/ https://missouriindependent.com/2024/05/10/chicken-farmers-stuck-with-uncertainty-massive-loans-in-wake-of-tyson-foods-closures/#respond Fri, 10 May 2024 15:34:35 +0000 https://missouriindependent.com/?p=20122

Timothy Bundren's chicken barns are all standing empty since Tyson cancelled his growing contract last year. His operation near Harrison, Arkansas, was photographed on March 31 (Julie Anderson, for Investigate Midwest)

Timothy Bundren must have heard wrong.

The sun wasn’t up yet. He was still groggy from starting his morning routine of walking through chicken barns.

His phone rang and his contact with the global meat company headquartered in Springdale, Arkansas, just two hours south of his farm, started telling him he would no longer be raising chickens.

Bundren, 52, didn’t believe him at first. Just hours later, he was supposed to meet with the bank about another loan to buy the farm down the road. Bundren waited an hour and then called the man back.

The news didn’t change, but the weight sunk in.

Tyson Foods closed four meatpacking plants that day in North Little Rock, Arkansas; Noel and Dexter, Missouri; and Corydon, Indiana. Bundren lives near the plants closed in Missouri and Arkansas. Because of this, the company canceled Bundren’s contract to raise broiler chickens.

But to his knowledge, the chickens Bundren raised weren’t processed at the plants shut down that day. His chickens were shipped to a Tyson plant in Green Forest, Arkansas, just half an hour away and still in operation.

When Tyson closed those regional plants, it had to reassess which growers would send chickens to which plants to meet demand, said Eddie Todd, president of the Missouri-Arkansas Poultry Growers Association and president of the Arkansas Farmers Union.

“The plant that (Bundren) sent his birds to might not have been directly the cause since it didn’t close, but it was because of the other closures and how Tyson looked at all the plants’ feasibility,” Todd said.

Bundren and other growers affected by the closures have been caught in the wake of a larger, company-wide initiative to cut costs. But that has left some growers with more than a million dollars in debt — debt they accumulated at Tyson’s urging — and few options to pay it back, according to growers Investigate Midwest interviewed.

Bundren is $1.4 million in debt. Nine months since that call, his barns are still empty.

While relieved he didn’t sign onto another loan, his world has been turned upside down.

“I’m thinking if I’m hearing this right, I’m out of business,” he said. “How am I going to pay a loan this big back?”

Tyson introduced a restructuring program in 2022 that included consolidating corporate headquarters, reducing expenses and increasing efficiency, according to its filings with the U.S. Securities and Exchange Commission.

“These assets that we’re shuttering would have required significant capital in order to make them competitive,” said Tyson President and Chief Executive Officer Donnie King in an August 2023 investor meeting, the same morning the company announced plant closures across four states. “If you look at the returns on those, it really didn’t make sense to do that.”

The company’s plans came at a human cost. Tyson closed eight meatpacking plants in 2023, six of them chicken processing and two beef processing. It laid off more than 4,200 workers across all of its plants last year.

The company has a lot to gain from its contract growers. In 2023, Tyson Foods had nearly $53 billion in sales — a third of which was from chicken. The company operates 183 chicken facilities across the country, which include processing plants, hatcheries, feed mills and grain elevators. The company’s website states it contracts with more than 3,600 poultry farmers nationwide.

It is unclear how many growers, who are not employees, had contracts with Tyson before the plants closed last year.

But in the counties where Tyson shut down chicken processing plants last year, and where contract growers who spoke to Investigate Midwest operate in, there were a total of 114 broiler chicken farms under production contracts in 2022, according to the USDA’s most recent agricultural census. Many farms raise more than a million birds each year.

Bundren has spent the past six years annually raising about 600,000 broiler chickens, or chickens bred for consumption.

Like almost all broiler chickens in the country, his were raised under contract for a major poultry company. Many chicken growers only grow for a single company as more than half of contract chicken growers live in a region with two or fewer companies, according to a 2012 Journal of Agricultural and Applied Economics study.

“I stand a chance of losing everything. Every (chicken) house I got, all my land, everything,” Bundren said. “It’s throwing me and my family in the street. Tyson ain’t thinking about that, and I guess they don’t care.”

An expensive proposition

Timothy Bundren’s chicken barns are all standing empty since Tyson cancelled his growing contract last year. His operation near Harrison, Arkansas, was photographed on March 31 (Julie Anderson, for Investigate Midwest).

From the pivotal early morning phone calls to the millions in debt, former Tyson contract growers who spoke to Investigate Midwest said they have had to take out upwards of $2 million loans to become Tyson contract growers. Their contracts canceled, they’re now saddled with massive debt.

They said the company pushed them to go into more debt to upgrade their barns to meet company demands. Growers also said the company told them that they would be given chickens to raise for as long as they had loans on their barns.

Now that their contracts have abruptly ended, Tyson contract growers said they aren’t able to pay off the debt. Growers are staring down bankruptcy and foreclosures. Some have sold off land or other property to pay off debt while others have retired or looked for work off the farm.

Investigate Midwest spoke to five growers, located in Arkansas, Missouri, Indiana and Virginia, and pored through lawsuits filed by four other contract growers to find how Tyson’s closures have affected the farmers who raise the company’s chickens. A grower in Virginia asked for anonymity because of concerns over breach of contract. Another grower asked to speak on background only, but their situation mirrored that of the other growers.

Tyson did not answer specific questions about the closures, its relationship with contract growers, or how many growers lost contracts due to these closures. In a statement emailed to Investigate Midwest, it said closing plants was not an easy move:

“Tyson Foods is proud to partner with a network of independent growers across the country, and we value the contribution that these growers make to our business. Closing plants is always a difficult decision, and we understand the impact it has on the people and businesses in those communities. We work to help our team members and partners through that transition, and Tyson Foods has provided affected growers with several options to honor our contractual commitments and allow growers to receive fair value.”

Almost a year after the first announcement of Tyson plant closures and canceled contracts, King, Tyson’s president and CEO, said in a February investors meeting that the company is already “seeing the benefits of these actions and we’ll continue to evaluate opportunities to drive efficiency, across our segments.

“The improvements are coming from operational improvements, operational excellence both in plants and in live production and really driving out waste from the business,” King said.

Tyson’s 2023 annual report states it lost $322 million in costs related to closing plants in 2023. One of those costs was contract terminations for chicken growers. The growers that Investigate Midwest interviewed were offered buyouts of their contracts but all stated it would not be enough to cover the entirety of  their debt.

Raising poultry is the most expensive type of livestock or animal production farming in the U.S., according to Census of Agriculture data.

The poultry industry was one of the first to introduce the practice of outsourcing debt and risk associated with raising live animals. All major poultry companies use the practice, said Aaron Johnson, a co-policy director at the agricultural reform nonprofit, Rural Advancement Foundation International, or RAFI, headquartered in North Carolina. Tyson owns and delivers the birds to the growers who must put their own money into their operations.

“The model is designed to put that debt load external to the company so that if the company decides to shut down a facility, they are not left holding the bag,” Johnson said. “The contract growers are.”

Tyson’s cost-cutting doesn’t appear to be helping the company’s stock price. Earlier this month, it experienced its worst one-day decline in a year, according to Reuters.

From top grower to empty barns

Six years ago, Bundren moved to rural Harrison, Arkansas, to start growing chickens for Tyson. A former car mechanic, electrician and property manager, he switched careers to put his family into a better financial position and so he could stop working multiple jobs.

Bundren said Tyson verbally promised him years of steady pay if he took out the loans needed to purchase chicken barns. Now, the rug has been pulled out from beneath him.

“They told me point blank that as long as I grow decent birds and do my job, they would keep me in birds long enough to pay my loan off,” Bundren said.

There’s pride in his voice when he talks about his chicken barns and the life he was afforded by raising chickens.

He emphasizes that he always kept his barns clean. Along the dirt road on which his house is located, his driveway is the only one paved.

Chicken growers are generally paid under a system known as the tournament system, a method in which chicken companies rank a grower’s flock of birds against neighboring growers based on the size of the birds and how much feed and other expenses they used. The higher the ranking a contract grower receives, the more money they get. The opposite remains true, though, leaving poultry contract growers susceptible to major swings in pay.

Today, Bundren’s barns are useless. He has no income from poultry farming. The barns he purchased are designed for Tyson chickens, making it difficult to transition to raising poultry for another company.

This is a common experience across the poultry industry. Growers will build or purchase barns with company-specific parameters. In instances where a contract is cut short or growers want to move to a different poultry company, they often are unable to use or sell the equipment and barns they already own, according to a 2006 study in the American Journal of Agricultural Economics.

After the initial shock, Bundren talked to a regional Butterball plant about raising turkeys for the company — only to discover it would cost at least $250,000 to upgrade his barns to its specifications. He said the brunt of the cost was replacing all feed and water lines to be sized for turkeys instead of broiler chickens.

In the end, Bundren said he was unable to raise turkeys for Butterball because his farm is located too close to other poultry operations. He was told this could create a biosecurity risk for the birds.

“Right now I’m scared to death,” Bundren said. “I’m scared I’m gonna lose everything and I made a mistake by putting my family up here.”

Bundren entered the industry at a rough time for growers. In the seven counties in Arkansas and Missouri affected by plant closures, chicken farms were consolidating. From 2002 to 2022, the number of broiler farms under contract was cut in half, according to USDA data.

At the same time, poultry farm debt in Arkansas and Missouri exploded. In Arkansas, the amount of debt and other liabilities held by poultry growers tripled from 2003 to 2022, according to an analysis of USDA farm income data. In Missouri, the figure increased six-fold.

In 2022, the total cost of raising poultry in the country was nearly double that of raising hogs. Poultry is more expensive to raise than dairy cattle, beef cattle, sheep and goats. USDA research shows that raising chickens can also provide less revenue.

Nationally, the cost of raising chickens increased 35% from 2012 to 2022, according to an analysis of Census of Agriculture data. This data does not separate out types of poultry or delineate between the cost of raising chickens for consumption or egg production.

Despite rising costs and debt loads, growers said Tyson continued to ask for upgrades and investments or they would lose their contracts.

Bundren noted growers, if they don’t invest in further upgrades per Tyson specifications, they’re told they won’t receive additional birds. “(Tyson) don’t give a damn about how much money it costs,” he said.

Sleepless nights

Preston Arnold on his farm near Sikeston, Missouri, where he raised chickens before market changes on April 17 (Daniel Byrd, for Investigate Midwest).

Nine months ago, Preston Arnold’s phone rang as he was driving his 1999 white Chevy Silverado to his chicken barns. He pulled over to the side of the road to answer it.

It was his Tyson broiler manager. A few moments into the conversation, Arnold, 67, thought he was joking.

As the man on the phone walked him through the news, Arnold realized he wasn’t.

He looked down the road and saw his eight chicken barns in Sikeston, Missouri. They would soon be empty. He stood to lose everything.

Arnold had been around the chicken industry for years. His brother and father raised birds for Tyson for 25 years while he pursued a career in the insurance industry. He said as he got older, he wanted to travel less and be home more. He bought chicken barns half a mile from his house in Sikeston.

Then, he contracted with Tyson to supply birds for the Dexter, Missouri, slaughter plant 30 minutes away.

For almost five years, he raised close to a million chickens a year for Tyson. When he started as a contract grower in 2019, Arnold’s original loan was for $1.6 million.

As of mid-April, his loan balance sits right around $900,000. His barns now barren.

Arnold said he put his home and property up as collateral for the initial loan. Since the plant’s closure, he said that his bank has threatened foreclosure.

In negotiations with the bank, he said he’s suggested the idea that he keep a barn located at his home throughout the potential foreclosure process, so as to at least have a roof over his head.

“We’ve gone a lot of sleepless nights,” he said. “This has just been a roller coaster of emotions.”

The Farm Service Agency, the federal agency that assists and secures loans for agriculture producers, said in a statement to Investigate Midwest that it has met with Arkansas contract growers who lost Tyson contracts. It has yet to meet with growers in other states, though. The agency said situations like this are why the USDA is examining the treatment of contract growers.

Often, poultry companies will require or strongly encourage growers to upgrade their barns and equipment in order to get more birds to raise, according to USDA research and interviews with contract growers. The USDA estimates that it costs roughly $400,000 to build a new chicken barn, with many growers having multiple barns.

Arnold said in the last two years, he’s invested in upgrading his barns and spent $500,000 on a new one.

“Had I known that there was even talk about (closure), I wouldn’t have (upgraded or built new barns),” Arnold said.

The news of Tyson’s closure blindsided Arnold and other contract growers whose chickens were processed at the Dexter plant. According to two lawsuits filed by four Missouri contract growers, Tyson allegedly planned to shut down the Dexter facility at least a year in advance of the announcement. (Tyson did not respond to a question about the lawsuit’s allegations.)

Despite this, the lawsuits state that the company encouraged contract growers to continue taking out loans and updating facilities. The filings allege that Tyson largely benefitted from the contract operations because it did not have to build or maintain farms that the company would knowingly abandon.

One of the lawsuits was settled out of court for an undisclosed amount of money. Attorney Russell Oliver, who represented the family that settled and still represents the  contract growers suing Tyson, declined to comment. The other lawsuit is pending.

“We were not free to seek out other business opportunities on the open market and could only perform this service for the Tyson Companies,” wrote grower Eric Kessler in a signed affidavit from the settled lawsuit. “As such, we are not in ‘business’ for ourselves but were exclusively servants of Tyson.”

The Dexter processing plant was bought by Cal-Maine Foods, the largest egg company in the country, in March. Cal-Maine operates more than 100 production, processing and packing facilities across Arkansas, Missouri, Oklahoma, Ohio, Texas, and much of the South.

The company plans to convert the plant to process egg products and said it will work with some of the region’s former Tyson contract growers to now raise eggs.

Cal-Maine’s vice president and chief financial officer, Max Bowman, said the company has already started placing birds with contract growers in the Dexter area. He declined to say how many new growers used to contract with Tyson, and he declined to say how much money it would cost to convert their operations to meet Cal-Maine’s requirements.

“We’re quite confident that the opportunity we’re going to offer to the growers will be as good as or better than what they had in their former contracts,” Bowman said.

Arnold said the cost to convert his barn to meet Cal-Maine’s specifications was estimated to be at least $550,000 per barn for four barns, meaning he would have to take out another large loan in order to produce eggs for the company. He is still considering taking out a new loan, but has yet to act.

A loan of more than $2 million on top of his other debt is hard to swallow.

“If something doesn’t happen in the way of an FSA debt relief plan or some new legislation, then we’re going to lose everything that we’ve worked our lives for,” he said.

Tyson told growers the company was ‘not going anywhere’

Preston Arnold on his farm near Sikeston, Missouri, where he raised chickens before market changes on April 17 (Daniel Byrd, for Investigate Midwest).

The same morning Arnold pulled over to the side of the road, racking his brain about his next move, Jonathon Morrow answered the phone.

His Tyson service technician told him he was no longer getting birds and the Dexter complex was closing.

Morrow, 60, who raised roughly 1.8 million broilers annually for Tyson, was nonchalant in his response.

“I thought, ‘Yep, I’m losing everything,’” he said.

Following the Great Recession, Morrow started looking for other career paths. After working in construction and roofing for decades, he eventually landed on contract chicken growing for Tyson. In 2013, he said he began to build chicken barns on his family’s farmland in Dudley, Missouri, just outside of Dexter.

Now, he is weighing the options of spending more money to become a contract grower with Cal-Maine, selling the barns, or tearing them down and selling the farmland.

“We went from (360,000 birds a flock) to nothing real quick,” Morrow said.

Morrow had two different contracts to raise two different types of birds for Tyson. He raised broiler chickens in Dudley and breeding chickens in Annapolis, Missouri, more than an hour away.

Morrow, a man of faith with an optimistic demeanor, said he was able to pay off his debt on his barns built for his broiler chickens. But, he said, he is millions of dollars in debt for the barns built for breeding chickens.

Both his broiler contract and breeder contract were canceled by Tyson. The barns have been empty since October 2023. Without a chicken processor in the area, there’s no company to provide him with the birds to occupy them.

“It’s not like you can buy 300,000 chickens on your own and put them in (barns) and find a market,” he said.

In the interim, Morrow has gone back to working construction. On a recent morning call, his laughter was interrupted by the beep of dump trucks.

After the Tyson closure in Dexter, Morrow said he was approached by Cal-Maine to become a contract grower. When he heard that it would take nearly a million dollars for him to meet their specifications, he said he was brutally honest with the company.

“I said, ‘If you think a bank would even loan us more money after this, you’ve lost your mind,’ ” he said. “ ‘And if you think I would be stupid enough to borrow almost another million dollars after this, you’ve lost your mind.’ ”

The agency is currently finalizing a rule proposal internally that will address “certain problematic practices” such as the requirement for additional capital investments in poultry production facilities and equipment. This effort is part of the agency’s ongoing updates to the 100-year-old legislation known as the Packers and Stockyards Act.

The act, created in 1921, is supposed to protect members of the livestock, meat and poultry industries from “unfair, unjustly discriminatory or deceptive practice.”

The USDA finalized a new rule under the act in February that is supposed to give chicken growers more transparency in their contracts and an understanding of how exactly they are paid. In March, a separate ruling to prevent discriminatory practices was finalized and became law on May 6.

“Like with starting any new business, chicken farmers typically incur some debt to get their chicken houses built and their farms up and operational,” said Tom Super, National Chicken Council senior vice president of communications, in a statement to Investigate Midwest. “But chicken farmer loan performance data show more consistent payments and one of the lowest loan default rates in all of agriculture. Raising chickens under contract is one of the best and most reliable sources of cash flow that helps keep families on the farm.”

The National Chicken Council is an industry group that promotes the sale of chicken in the U.S. and whose board members include executive leaders of several major poultry processors.

Morrow said he knew the risks of such a large loan when he became a contract grower. But he, just like other growers, was told that if he does a good job, the company was “not going anywhere.”

“Somebody higher up the food chain had to know this was a possibility,” Morrow said. “Yet they’re (still) giving out contracts to build new (chicken) houses.”

A waiting game

In Arkansas, Bundren’s six chicken barns are remain empty as he negotiates with the bank and the FSA about how to handle his debt. His barns were once a source of steady income, but now the empty metal husks are a reminder of the debt he carries.

“(The barns) are worth zero now,” he said. “When you’ve got a contract, they’re worth $200,000-$300,000 used, a piece.”

Now, it’s a waiting game for Bundren. His wife has started looking for work and interviewing for jobs. He is now doing landscaping, excavation and stump grinding to pay bills.

He said the bank has been working with him to repay the loans and, after some conversations with the FSA, he feels hopeful the agency will help him find a way to manage the financial burden.

Still, his debt of more than a million dollars weighs on him. This past December, while uncertain whether he could keep his house, he tried to have a normal Christmas for his two daughters.

That uncertainty has turned to frustration when he thinks of the money and time he put into making his barns the perfect place to raise Tyson chickens.

“The mental stress is killing me,” Bundren said. “I still don’t know if I’m going to get to keep anything.”

If he keeps his land and avoids foreclosure, Bundren said he may tear down the barns.

“I don’t want to grow birds anymore anyway,” he said. “You just can’t trust Tyson.”

This article first appeared on Investigate Midwest and is republished here under a Creative Commons license.

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Missouri bill protecting rural neighbors from meatpacking sludge clears legislature https://missouriindependent.com/2024/05/07/missouri-bill-protecting-rural-neighbors-from-meatpacking-sludge-nears-passage/ https://missouriindependent.com/2024/05/07/missouri-bill-protecting-rural-neighbors-from-meatpacking-sludge-nears-passage/#respond Tue, 07 May 2024 20:30:48 +0000 https://missouriindependent.com/?p=20063

Legislation on its way to Missouri Gov. Mike Parson would impose regulations to help rural residents who complain of unbearable smells from lagoons storing meatpacking waste. (USGAO/Wikipedia)

Meatpacking sludge storage lagoons that have drawn the ire of rural neighbors because of their foul stench would face stricter state regulations under legislation that cleared a final vote in the Missouri House Thursday.

The Missouri House voted 155-1 to require the facilities to obtain water pollution permits, be set back from nearby homes, follow certain design requirements and monitor groundwater in certain areas. It passed the Senate earlier this week. It now heads to Gov. Mike Parson for a signature.

The bill was combined in a Senate committee with legislation meant to protect Missouri’s water from being exported to other states out of fear parts of the country impacted by worsening drought brought on by climate change would look to Missouri’s abundant rivers for a solution. But the provision was removed before the full Senate vote. 

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State Sen. Jill Carter, who carried the legislation in the Senate, said companies that store meatpacking sludge and apply it as fertilizer aren’t required to follow any standards to ensure the health of soil and water in rural Missouri. 

“When I’ve been out, there’s six inches of this ‘industrial waste sludge,’ they call it, and the cows are out there eating it,” said Carter, a Republican from Granby. 

The meatpacking sludge legislation was introduced in response to an abrupt switch in state agencies that regulate fertilizer. It primarily targets Denali Water Solutions, which collects waste from meatpacking plants and holds it in lagoons in McDonald, Newton and Macon counties before spreading it on farmers’ fields as free fertilizer. 

Until last year, Denali held permits from the Missouri Fertilizer Control Board, which exempted it from having to get a permit from the Missouri Department of Natural Resources. Because of that, Denali was free from regulation by the Missouri Department of Natural Resources unless the meatpacking sludge polluted the state’s waterways.

Last year, the Missouri Fertilizer Control Board decided it didn’t have authority over Denali since it gives away its product rather than selling it as a commercial fertilizer. Without a fertilizer permit, Denali had to get a permit from the Department of Natural Resources. 

The company has sued the fertilizer board in an attempt to have its previous permit reinstated. 

After the fertilizer board’s decision, Missouri environmental regulators allowed the company to keep operating in the interim. But last fall, the company applied so much sludge to a field just before a storm that regulators changed their minds. 

The Missouri Department of Natural Resources visited a site following residents’ complaints and found Denali had applied so much waste it resulted in “standing pools of liquids and solids” covering vegetation on the fields. 

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The state and Denali reached an agreement prohibiting the company from applying waste to fields in Missouri and requiring it to drain its lagoons and pay fines. 

To resume its operations, Denali still needs a permit from the state. Until then, it must take its waste to a treatment facility or haul it out of Missouri. 

Denali was not immediately available to comment on the legislation.

Steven Jeffery, an attorney representing two separate resident groups fighting Denali lagoons in their areas, applauded the legislation. While “no one ever gets everything they want in developing legislation,” he said, the bill would be far more protective of rural communities than the status quo.

This story was updated on May 9 to reflect that the Missouri House approved the Senate version of the bill and sent it to the governor. 

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Missouri Gov. Mike Parson signs bill to kill south Kansas City landfill https://missouriindependent.com/2024/05/06/missouri-gov-mike-parson-signs-bill-to-kill-south-kansas-city-landfill/ https://missouriindependent.com/2024/05/06/missouri-gov-mike-parson-signs-bill-to-kill-south-kansas-city-landfill/#respond Mon, 06 May 2024 23:32:33 +0000 https://missouriindependent.com/?p=20049

A sign across from the proposed landfill in south Kansas City implores drivers to help stop the project from moving forward. (Allison Kite/Missouri Independent)

Gov. Mike Parson on Monday signed legislation designed to keep a landfill from moving into south Kansas City, ending a more than year-long effort by nearby communities to stymie the project.

In a news release, Parson called the legislation “a win for property rights across the state of Missouri.” 

“This commonsense measure will ensure homeowners have more of a say in what developments are allowed in their communities,” Parson said.

The legislation targets a plan by KC Recycle & Waste Solutions to build a landfill at Kansas City’s southern border with Raymore. For more than a year, Raymore and other suburban Kansas City municipalities have pushed legislation designed to prohibit the proposed landfill, arguing it would hurt the environment, property values and residents’ health.

Raymore Mayor Kris Turnbow said in a statement Monday that the governor’s signature brought “relief.”

“That’s the only way to describe how our community feels,” Turnbow said. “The governor’s signature lifts the veil that has hung over our city for nearly two years since we first learned of this proposed development.”

KC Recycle & Waste Solutions, owned by Jennifer and Aden Monheiser, planned to build the landfill at a site just south of Missouri Highway 150 near Kansas City’s border with Raymore. The 270-acre facility would have been less than a mile from Creekmoor, a golf course community in Raymore with homes priced up to $1 million. 

Under existing Missouri law, a landfill can’t be built in Kansas City within half a mile of an adjacent city unless that community approves the project. The city of Raymore and fellow critics of the project wanted that buffer zone increased to one mile.

Rep. Mike Haffner, a Pleasant Hill Republican, took up their cause and sponsored legislation to increase the buffer zone in the Missouri House. In a statement on Monday, he said Parson’s signature on the legislation was a “testament to our commitment to fighting for the rights of all Missourians.” 

“This legislation is a victory for the people of Missouri, who have spoken loud and clear about the need to defend their property rights and preserve the well-being of their communities,” Haffner said. “I support economic development, but not at the expense of our families, small business owners and their livelihoods.”

Jennifer Monheiser initially pushed back against the legislation, arguing increasing the buffer zone would change the rules on a local business that had already begun purchasing land and making plans for the facility.

The legislation was first introduced last year and cleared the Missouri House, but couldn’t get past a filibuster in the Senate. The same thing happened earlier this legislative session. 

But last month, Raymore city officials revealed they had struck a deal wherein the Monheisers would scrap their project, provided that the buffer zone legislation passed and received Parson’s signature. 

In an interview with The Independent, Monheiser said she was “glad there’s a resolution that we can all live with.” 

“It’s not the outcome that we were hoping for, but we (are) happy that we can now maybe work with those communities to find a solution for the waste problem that we have here in Kansas City,” Monheiser said.

As part of the agreement, which the Raymore City Council approved unanimously, the city will pay more than $3.7 million to the Moheisers, including $440,000 for the city to acquire one of the land parcels currently owned by the developers. KC Recycle & Waste Solutions also agreed to adopt restrictive covenants that would keep the land from being used for a landfill in the future.

Monheiser said the $3.7 million payment was not enough that her business would profit from scrapping the proposed landfill and it “did not make us whole.” She did not detail how she and the city arrived at the figure for the payment, but she said her business had incurred costs for engineering and legal services and purchased land. She and her husband, she said, also invested considerable time into the project.

“I’m not exactly sure…why we landed on that exact number, but it was a number that was thrown out there and that ultimately we all agreed to, and so we just moved forward with that,” she said. 

Aside from the parcel that will be sold to the city of Raymore as part of the agreement, Monheiser said she wasn’t sure yet what she would do with the land purchased to build the landfill. She said she would look at options to develop it, but it would not become any sort of waste management facility. 

Monheiser said she’s still committed to finding a solution to garbage disposal in the metropolitan area, but the south Kansas City site was the only one she had found that appeared feasible.

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States rethink data centers as ‘electricity hogs’ strain the grid https://missouriindependent.com/2024/05/06/states-rethink-data-centers-as-electricity-hogs-strain-the-grid/ https://missouriindependent.com/2024/05/06/states-rethink-data-centers-as-electricity-hogs-strain-the-grid/#respond Mon, 06 May 2024 16:37:13 +0000 https://missouriindependent.com/?p=20044

High-voltage transmission lines provide electricity to data centers in Loudon County, Va., home to the world’s largest concentration of data centers. Lawmakers in Virginia and other states are rethinking how incentive programs for data centers may impact the electric grid, clean energy goals and utility rates for other consumers (Ted Shaffrey/The Associated Press)

State Sen. Norm Needleman championed the 2021 legislation designed to lure major data centers to Connecticut.

The Democratic lawmaker hoped to better compete with nearby states, bring in a growing industry, and provide paychecks for workers tasked with building the sprawling server farms.

But this legislative session, he’s wondering if those tax breaks are appropriate for all data centers, especially those with the potential to disrupt the state’s clean energy supply.

Particularly concerning to him are plans for a mega data center on the site of the state’s only nuclear power plant. The developer is proposing an arrangement that would give it priority access to electricity generated at the plant, which would mean less carbon-free power for other users.

“That affects our climate goals,” he said. “It’s additional demand of renewable energy that we would have to replace.”

Needleman, co-chair of the Senate Energy and Technology Committee, is now reconsidering details of the state incentive program as he works on legislation to study the impact of data centers on the state’s electric grid. Mistakes now, he said, could lead to “a real crisis.”

Compared with other employers that states compete for, such as automotive plants, data centers hire relatively few workers. Still, states have offered massive subsidies to lure data centers — both for their enormous up-front capital investment and the cachet of bringing in big tech names such as Apple and Facebook. But as the cost of these subsidy programs balloons and data centers proliferate coast to coast, lawmakers in several states are rethinking their posture as they consider how to cope with the growing electricity demand.

From the outside, data centers can resemble ordinary warehouses. But inside, the windowless structures can house acres of computer servers used to power everything from social media to banking. The centers suck up massive amounts of energy to keep data moving and water to keep servers from overheating.

Data centers are the backbone of the increasingly digital world, and they consume a growing share of the nation’s electricity, with no signs of slowing down. The global consultancy McKinsey & Company predicts these operations will double their U.S. electric demands from 17 gigawatts in 2022 to 35 gigawatts by 2030 — enough electricity to power more than 26 million average homes.

Some states, including Maryland and Mississippi, continue to pursue incentives to land new data centers. But in other states, the growth of the industry is raising alarms over the reliability and affordability of local electric grids, and fears that utilities will meet the demand by leaning more heavily on fossil fuel generation rather than renewables.

In South Carolina, lawmakers have started to question whether these massive power users should continue to receive tax breaks and preferential electric rates.

In Virginia, home to the world’s largest concentration of data centers, a legislative study is underway to learn more about how those operations are affecting electric reliability and affordability.

And Georgia lawmakers just passed legislation that would halt the state’s tax incentives for new data centers for two years. Georgia is home to more than 50 data centers, including those supporting AT&T, Google and UPS, according to the state commerce department.

Georgia Republican state Sen. John Albers, a sponsor of the Senate bill, said the significant growth of data centers in his state has helped communities and schools by boosting property tax revenues. But, considering factors such as water and electric use, he said the return on the state’s investment “is not there” and that “initial findings do not support credits from the state level.”

Nationwide, data center subsidies were costing state and local governments about $2 million per job created, according to a 2016 study by Good Jobs First, a nonprofit watchdog group that tracks economic development incentives. That figure has certainly ballooned in recent years, said Kasia Tarczynska, the organization’s senior research analyst, who authored the report.

The Georgia bill now sits on the desk of Republican Gov. Brian Kemp, whose office did not respond to a request for comment.

The Data Center Coalition, a trade group representing tech giants including Amazon, Google and Meta, is urging a veto.

Josh Levi, president of the organization, said data center companies are investing billions in new Georgia data centers, making metro Atlanta one of the nation’s biggest industry hubs.

Levi noted that lawmakers in 2022 extended the state’s tax credit program through 2031.

“The abrupt suspension of an incentive that not only has been on the books, but that was extended two years ago, I think signals tremendous uncertainty, not just for the data center industry, but more broadly,” he said.

Levi said the data center industry has been at the forefront of pushing clean energy. As of last year, data center providers and customers accounted for two-thirds of American wind and solar contracts, according to an S&P Global Market Intelligence report.

“Fundamentally, data is now the lifeblood of our modern economy,” he said. “Everything that we do in our personal and professional lives really points back to data generation, processing and storage.”

‘Electricity hogs’

In fast-growing South Carolina, lawmakers have pointed to data centers as a major factor in rising electricity demand.

As part of a broader energy bill, the legislature considered a measure that would prevent data centers from receiving discounted power rates.

Republican state Rep. Jay West said inducements such as reduced power rates are appropriate for major, transformational endeavors. He pointed to the BMW factory in Spartanburg, which employs 11,000 people, draws in major suppliers and pumps millions into the state economy.

While data centers boost local property taxes receipts, they don’t do much for the state, he said, and shouldn’t receive preferential rates. And they are being built faster than new energy generation can be added.

“I do not speak for my caucus or the [legislative] body in saying this,” he said, “but I don’t think South Carolina can handle more data centers.”

The House provision on data center utility rates was quickly struck in a Senate committee, the South Carolina Daily Gazette reported.

Lynn Teague, vice president of the League of Women Voters of South Carolina, said that change was made with no public discussion.

Teague, who lobbies the legislature, said South Carolinians, including more than 700,000 people living in poverty, shouldn’t have to pick up the tab for tax or utility breaks for major data center firms.

“We have companies like Google with over $300 billion in revenues a year wanting these folks to subsidize their profit margin at the same time that they’re putting intense pressure on not just our energy, but our water,” she said.

Lawmakers saw data centers as a possible successor to South Carolina’s declining textile industry when they approved the data center incentives in 2012, The State reported at the time. One Republican bill sponsor, then-state Rep. Phyllis Henderson, also cited North Carolina’s success with data center incentives, saying South Carolina was “just losing projects right and left to them.”

But on the Senate floor earlier this month, Senate Majority Leader Shane Massey, a Republican, described data centers as “electricity hogs that aren’t really providing a whole lot of jobs.”

‘Rippling effects’

Virginia has been a hub for data centers for decades, touting its proximity to the nation’s capital, inexpensive energy, a robust fiber network and low risk of natural disasters. Now, Virginia lawmakers are increasingly scrutinizing the industry.

That’s in part because data centers have moved into traditionally residential areas, said Republican state Del. Ian Lovejoy, who represents a Northern Virginia district.

He sponsored two pieces of legislation this year affecting data center land use issues. One would have prevented data centers from building too close to parks, schools or neighborhoods; another would have altered land use disclosure rules for developers.

“There’s no way to power the data center inventory that’s being proposed and is likely to be built without substantial increases to the power infrastructure and power generation,” he said. “And that’s going to have rippling effects far away from where the data centers are being sited.”

Aaron Ruby, spokesperson for Dominion Energy in Virginia, the state’s predominant electric provider, said data centers, like other classes of customers, pay for the costs of their electric generation and transmission.

He said the company forecasts consumers’ monthly bills to grow by less than 3% annually over the next 15 years. That increase, he said, is due to the company’s significant investment in renewable energy projects. While Dominion is “all in” on renewables, Ruby said it doesn’t foresee being able to meet increasing demand with only renewables.

“That’s just not physically possible,” he said.

Dominion has pointed to data center growth as a key driver of its increasing electricity demand. In one state filing, the company said Virginia’s data centers had a peak load of almost 2.8 gigawatts in 2022.That was 1.5 times the capacity of the company’s North Anna nuclear plant, which powers about 450,000 homes.

“It is heart-stopping — just the scale at which these things are growing and the power they’re sucking up,” said Kendl Kobbervig, the advocacy and communications director at Clean Virginia, a well-funded advocacy group pushing for renewable energy, campaign finance reform and greater oversight of utilities.

She said the state must address how data centers could undercut its clean energy goals and how the industry is affecting the utility bills of everyday households and small businesses.

Over the past two years, Clean Virginia has tracked more than 40 proposed bills related to data centers.

Most of those efforts stalled this session as some lawmakers elected to wait on the results of a study announced in December by the state’s Joint Legislative Audit and Review Commission.

The lack of action frustrated many lawmakers and residents.

“I don’t know exactly what the study is going to say that we don’t already know,” said Democratic state Sen. Suhas Subramanyam, who sponsored a bill that would have required data centers to meet certain energy efficiency and clean energy standards to be eligible for the state’s lucrative sales tax exemptions.

“I think we already know that data centers take up a lot of power and present a lot of challenges to our grid.”

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and Twitter.

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Missouri House approves bill prohibiting eminent domain for solar, wind energy projects https://missouriindependent.com/2024/05/02/missouri-house-approves-bill-prohibiting-eminent-domain-for-solar-wind-energy-projects/ https://missouriindependent.com/2024/05/02/missouri-house-approves-bill-prohibiting-eminent-domain-for-solar-wind-energy-projects/#respond Thu, 02 May 2024 14:53:11 +0000 https://missouriindependent.com/?p=20003

Missouri House members passed legislation that would prohibit the use of eminent domain to build solar and wind farms (Sirisak Boakaew/Getty Images)

With two weeks left in the Missouri General Assembly’s session, lawmakers are weighing multiple bills that would bar developers from seizing land to build wind and solar farms. 

One such bill, sponsored by state Rep. Mike Haffner, a Republican from Pleasant Hill, passed the House Thursday by an overwhelming 115-27 vote. It now heads to the Senate, where a similar proposal has been added to wide-ranging utilities legislation that awaits debate.

Haffner’s bill would prohibit wind and solar builders from using eminent domain, which allows utilities and governments to condemn land to build infrastructure that serves the public, including power lines and roads. 

Wind and solar projects, however, have not sought to use eminent domain, which is often unpopular because of the intrusion on private property.

“This has not happened,” Haffner said before the vote Thursday morning. “But property rights are so important…we want to make sure that it doesn’t happen.”

Environmental advocates and lawmakers critical of Haffner’s bill, however, said it unfairly targets sources of renewable energy rather than reforming the use of eminent domain more broadly.

“It’s singling out this specific type of energy and saying we want them to have different constraints on the use of eminent domain than an oil pipeline or a coal-generating plant,” said state Rep. Peter Merideth, a St. Louis Democrat, “and that’s where I’ve got a problem.” 

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Missouri Republicans for years have criticized the use of eminent domain to build high-voltage transmission lines — most significantly, the Grain Belt Express. That line, under development by Chicago-based Invenergy, will carry wind energy from southwest Kansas through Missouri and Illinois to the Indiana border. 

To do so, Invenergy needs easements to construct towers and run the power line across private properties. In some cases, the company is able to negotiate a deal with willing landowners, but in the event a property owner won’t agree to a voluntary deal, Invenergy has the authority to condemn land. 

In either case, the company must compensate landowners.

Invenergy’s ability to use eminent domain was, for years, a source of controversy among lawmakers who repeatedly tried to bar transmission line builders from condemning land.

Haffner’s bill, however, specifically exempts transmission lines. His concern, he said, was that owners of wind or solar farms that wanted to expand would use eminent domain to strong arm their neighbors into giving up land.

“We want economic development,” Haffner said in an interview with The Independent. “We just want to make sure that there’s not an abuse of condemnation as it deals with property rights.” 

Haffner said the solar developers he has heard of are “doing it right.” 

“They’re negotiating with every landowner; they’re not using condemnation,” Haffner said. “And that’s the way it should be.”

Haffner’s legislation was supported in committee by farm groups and rural landowners who have been critical of Grain Belt Express. 

The Missouri chapter of the Sierra Club, a national environmental advocacy organization, objected to the singling out of renewable energy resources. 

“We just really feel like, as we move forward, we’re going to need more renewable resources,” said Frances Klahr, a former Missouri Department of Natural Resources staffer and a Sierra Club member, “because fossil fuel isn’t going to last forever…and we’ve got to find a clean way to come up with energy.”

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New EPA rules will force fossil fuel power plants to cut pollution https://missouriindependent.com/2024/04/26/new-epa-rules-will-force-fossil-fuel-power-plants-to-cut-pollution/ https://missouriindependent.com/2024/04/26/new-epa-rules-will-force-fossil-fuel-power-plants-to-cut-pollution/#respond Fri, 26 Apr 2024 15:18:19 +0000 https://missouriindependent.com/?p=19923

AES Indiana’s Petersburg Generating Station in Petersburg, Indiana, has been burning coal since the 1960s but will shutter all of its coal-firing units over the next few years. The U.S. Environmental Protection Agency on Thursday released a sweeping set of rules aimed at cutting air, water and land pollution from fossil fuel-fired power plants (Robert Zullo/States Newsroom).

The U.S. Environmental Protection Agency on Thursday released a sweeping set of rules aimed at cutting air, water and land pollution from fossil fuel-fired power plants.

Environmental and clean energy groups celebrated the announcement as long overdue, particularly for coal-burning power plants, which have saddled hundreds of communities across the country with dirty air and hundreds of millions of tons of toxic coal ash waste. The ash has leached a host of toxins – including arsenic, mercury, lead, cadmium, radium and other pollutants – into ground and surface water.

“Today is the culmination of years of advocacy for common-sense safeguards that will have a direct impact on communities long forced to suffer in the shadow of the dirtiest power plants in the country,” said Ben Jealous, executive director of the Sierra Club, one of the nation’s oldest and largest environmental organizations. “It is also a major step forward in our movement’s fight to decarbonize the electric sector and help avoid the worst impacts of climate change.”

But some electric industry and pro-coal organizations blasted the rules as a threat to jobs and electric reliability at a time when power demands are surging. They also criticized the rule’s reliance on largely unproven carbon capture technologies.

America’s Power, a trade organization for the nation’s fleet of about 400 coal power plants across 42 states, called the number of new rules “unprecedented,” singling out the new emissions standards that will force existing coal plants to cut their carbon emissions by 90% by the 2032 if they intend to keep running past 2039.  Michelle Bloodworth, the group’s president and CEO, called the rule “an extreme and unlawful overreach that endangers America’s supply of dependable and affordable electricity.”

‘This forces that’

Many experts expect the regulations to be litigated, particularly the carbon rule, since the last time the EPA tried to restrict carbon emissions from power plants, a group of states led by West Virginia mounted a successful legal challenge that went to the U.S. Supreme Court.

But Julie McNamara, deputy policy director with the Union of Concerned Scientists, said the agency took great pains to conform the rule to the legal constraints outlined by the court.

“This rule is specifically responsive to that Supreme Court decision,” she said. “Which doesn’t mean that it won’t go to the courts but this is so carefully hewn to that decision that it should be robust.”

The four rules EPA released Thursday mainly target coal-fired power plants.

“By developing these standards in a clear, transparent, inclusive manner, EPA is cutting pollution while ensuring that power companies can make smart investments and continue to deliver reliable electricity for all Americans,” EPA Administrator Michael S. Regan said.

In some ways, they attach a framework to a sea change in electric generation that is already well under way, McNamara said.

Coal accounted for just 16% of U.S. electric generation in 2023, according to the U.S. Energy Information Administration. In 1990, by comparison, it comprised more than 54% of power generation. However, some states are more reliant on coal power than others.

In 2021, the most coal-dependent states were West Virginia, Missouri, Wyoming and Kentucky, per a 2022 report by  the EIA.

“This rulemaking adds structure to that transition,” McNamara said. “For those who have chosen not to assess the future use of their coal plants, this forces that.”

Heather O’Neill, president and CEO of the clean energy trade group Advanced Energy United, said the new regulations are a chance for utilities to embrace cheaper, cleaner and more reliable options for the electric grid.

“Instead of looking to build new gas plants or prolong the life of old coal plants, utilities should be taking advantage of the cheaper, cleaner, and more trusty tools in the toolbox,” she said.

The carbon rule 

In 2009, the EPA concluded that greenhouse gas emissions “endanger our nation’s public health and welfare,” the agency wrote, adding that since that time, “the evidence of the harms posed by GHG emissions has only grown and Americans experience the destructive and worsening effects of climate change every day.”

The new carbon emissions regulation will apply to existing coal plants and new natural gas plants. Coal plants that plan to operate beyond 2039 will have to capture 90% of their carbon emissions by 2032. New gas plants are split into three categories based on their capacity factor, a measure of how much electricity is generated over a period of time relative to the maximum amount it could have produced. The plants that run the most (more than 40% capacity factor) will have to capture 90% of their carbon emissions by 2032. Existing gas plants will be regulated under a forthcoming rule that “more comprehensively addresses GHG emissions from this portion of the fleet,” the agency said.

Michelle Solomon, a senior policy analyst for Energy Innovation, an energy and climate policy think tank, predicts that most coal plants will close rather than install the costly technology to capture carbon emissions.

“Climate goals aside, the public health impacts of the rules in securing the retirement of coal fired power plants is so important,” she said. Coal power in the U.S. has been increasingly pressured by cheaper gas and renewable generation and mounting environmental restrictions, but some grid operators have still been caught flat-footed by the pace of coal plant closures.

“I think the role of this rule, to provide that certainty about where we’re going, is so crucial to get the entities that have control over the rate of the transition to start to take action here,” she said. But the National Rural Electric Cooperative Association’s CEO, Jim Matheson, called the rules “unlawful, unrealistic and unachievable” noting that it relies on technology “that is not ready for prime time.”

And Todd Snitchler, president and CEO of the Electric Power Supply Association, a trade group for competitive power suppliers, called the rule “a painful example of aspirational policy outpacing physical and operational realities” because of its reliance on unproven carbon capture and hydrogen blending technologies to cut emissions.

A beefed up Mercury and Air Toxic Standards rule

The EPA called the revision to the Mercury and Air Toxic Standards  “the most significant update since MATS was first issued in February 2012.” It predicted the rule would cut emissions of mercury and other air pollutants like nickel, arsenic, lead, soot, sulfur dioxide, nitrogen oxide and others. It cuts the mercury limit by 70% for power plants fired by lignite coal, which is the lowest grade of coal and one of the dirtiest to burn for power generation.

For all coal plants, the emissions limit for toxic metals is reduced by 67%. The EPA says the rule will result in major cuts in releases of mercury and other hazardous metals, fine particulate matter, nitrogen oxides and carbon dioxide.  The agency projects “$300 million in health benefits,” including reducing risks of heart attacks, cancer and developmental delays in children and $130 million in climate benefits.

Stronger wastewater discharge limits for power plants 

Coal fired power plants use huge volumes of water, and when the wastewater is returned to lakes, rivers and streams it can be laden with mercury, arsenic and other metals as well as bromide, chloride and other pollution and contaminate drinking water and harm aquatic life.

The new rule is projected to cut about 670 million pounds of pollutants discharged in wastewater from coal plants per year. Plants that will cease coal combustion over the next decade can abide by less stringent rules.

“Power plants for far too long have been able to get away with treating our waterways like an open sewer,” said Thomas Cmar, a senior attorney at Earthjustice, a nonprofit environmental law organization, during a briefing on the new rules earlier this week.

Closing a coal ash loophole 

Coal ash, what’s left after coal has been burned for power generation, is one the nation’s largest waste streams. The 2015 EPA Coal Combustion Residuals rule were the first federal regulations for coal ash. But that rule left about half of the ash sitting at power plant sites and other locations – much of it in unlined disposal pits – unregulated because it did not apply to so-called “legacy impoundments” that were not being used to accept new ash.

“We’re going to see a long-awaited crackdown on coal ash pollution from America’s coal plants, and it’ll be a huge win for America’s health and water resources,” said Lisa Evans, a senior attorney with Earthjustice. “They are all likely leaking toxic chemicals like arsenic into groundwater and most contain levels of radioactivity that can be dangerous to human health.”

Groundwater monitoring data shows that the vast majority of ash ponds at coal plants are contaminating groundwater, said Abel Russ, a senior attorney with the Environmental Integrity Project. Butunder the old rule, Russ said, facilities could dodge cleanup requirements by blaming contamination on older ash dumps not covered by the regulation.

“This is a huge loophole,” Russ said. “You can’t restore groundwater quality if you’re only addressing half of the coal ash sources on site.”

However, several attorneys on the Earthjustice briefing said the new rules, which will require monitoring at clean up and hundreds of more ash sites, will only be as good as the enforcement.

“It’s meaningful only if these utilities obey the law. Unfortunately to date, many of them have not,” said Frank Holleman, a senior attorney with the Southern Environmental Law Center.

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Missouri Senate advances KC weapons facility tax break without aid for nuclear waste victims https://missouriindependent.com/2024/04/25/missouri-senate-advances-kc-weapons-facility-tax-break-without-aid-for-nuclear-waste-victims/ https://missouriindependent.com/2024/04/25/missouri-senate-advances-kc-weapons-facility-tax-break-without-aid-for-nuclear-waste-victims/#respond Thu, 25 Apr 2024 12:00:37 +0000 https://missouriindependent.com/?p=19902

The National Nuclear Safety Administration plans to expand its Kansas City facility, which develops and manufactures the non-nuclear components of nuclear weapons. Missouri lawmakers are hoping to approve a sales tax exemption on construction materials for the private developer building the expansion (Allison Kite/Missouri Independent).

An effort to create a program for St. Louis-area residents affected by radioactive waste nearly derailed a Missouri Senate bill backed by the Kansas City delegation to help expand a facility manufacturing components of nuclear weapons. 

But after defeating the proposed amendment pertaining to St. Louis on Tuesday, senators approved the bill on a first-round vote Wednesday with only the Kansas City provisions. It still faces a final Senate vote before it moves to the Missouri House.

The bill offers a sales tax exemption on construction material to help finance an expansion of a National Nuclear Security Administration campus, operated by Honeywell International Inc., in south Kansas City. Workers there produce non-nuclear components of nuclear weapons.

State Sen. Nick Schroer — a Republican from the outer suburbs of St. Louis, where the federal government once had a uranium-processing facility — tried to add an amendment to create a tax credit for residents to have soil and water tested or remediated. 

Missouri lawmakers push tax break to expand Kansas City nuclear weapons facility

But while the Honeywell bill’s sponsor, state Sen. Greg Razer, a Kansas City Democrat, said he believed St. Louis’ radioactive waste struggle needs to be addressed, he wanted to pass the bill as it was. 

“This is too important to my community,” Razer said. “I’d rather not have hiccups along the way, especially when I’m not here, hopefully, to shepherd it through the last few weeks.” 

Razer has been nominated by Gov. Mike Parson to the State Tax Commission and will leave the legislature if he’s confirmed by the Senate. He asked Schroer to let his Honeywell legislation go through and find another bill to amend and create the St. Louis tax credit.

Razer told a Missouri Senate committee earlier this year that the National Nuclear Security Administration, part of the U.S. Department of Energy, plans to add 2.5 million square feet of new facilities and hire thousands of new employees.

To expedite the expansion, the federal government plans to acquire the facilities from a private developer who can build them more quickly. If the federal government built the facilities itself, it would not pay sales tax, so supporters of the legislation argue exempting the private developer allows it to keep its costs on par with what the federal government’s would be.

According to a fiscal analysis on Razer’s bill, the National Nuclear Security Administration plans to spend more than $3 billion on Kansas City facilities. Razer’s bill would divert almost $61 million in state revenue over 10 years, which he said the construction job creation alone would offset. Jackson County, the city of Kansas City and the Kansas City Zoo would see a combined $81 million diverted from their budgets over 10 years.

Similar legislation has passed the Missouri House and awaits action in the Senate.

Schroer’s amendment, which had not been heard by any Senate committee, is the latest in a series of efforts by state and federal lawmakers and activists to bring some form of relief to St. Louis-area residents who have lived for decades in close proximity to radioactive waste.

U.S. Sen. Josh Hawley and Reps. Cori Bush and Ann Wagner have been trying to pass legislation to expand the Radiation Exposure Compensation Act, which provides payments to people who were exposed to nuclear weapons development and developed certain cancers. It has twice passed the U.S. Senate but has yet to be taken up by the House of Representatives. 

“People in my community, St. Louis County, St. Louis City who are still impacted by this — they want to see action, they want, they need something to be done,” Schroer said Wednesday. 

Records reveal 75 years of government downplaying, ignoring risks of St. Louis radioactive waste

Schroer told his Senate colleagues  that “time is of the essence” to do something to help St. Louis residents harmed by radioactive waste, citing an investigation published last summer by The Independent, MuckRock and The Associated Press documenting the area’s long history with the contamination.

“We have three weeks to address something — at least put a bandaid on it and encourage the federal government to get off their behinds and actually do the same thing of putting the people first,” Schroer said. 

Starting during World War II and for much of the Cold War, plants in St. Louis and its suburbs processed uranium for the nation’s nuclear weapons program. The waste created from those efforts was haphazardly trucked to storage sites where it sat unprotected and polluted Coldwater Creek, bringing generations of children into contact with radioactive waste when they played in the creek waters. 

A 2019 study found that residents who lived near Coldwater Creek or played in its waters faced an elevated risk of developing certain cancers.

Anecdotally, residents of the area have blamed a bevy of mysterious illnesses and autoimmune disorders on the waste. 

Coldwater Creek won’t be fully remediated until 2038. The Environmental Protection Agency is designing a cleanup efforts for the West Lake Landfill, where radioactive waste from the World War II-era refining efforts was dumped in the 1970s.

Schroer implored several Kansas City-area lawmakers to support the legislation, including Sens. Mike Cierpiot and Rick Brattin, both Republicans from the suburbs of Kansas City near the Honeywell site. 

Cierpiot said he respected the long Senate tradition of deferring to other senators on issues that solely impacted their communities, but he was uncomfortable with the fact that Schroer’s amendment hadn’t been vetted by a committee.

Brattin said he recognized that “life is so much more important than even potential jobs.”

“I’m behind you 100% of how we can fix your situation,” Brattin said, “but I appreciate you being willing to work with our situation as well.”

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Bill to stop Kansas City landfill clears Missouri House, heads to governor https://missouriindependent.com/2024/04/23/bill-to-stop-kansas-city-landfill-clears-missouri-house-heads-to-governor/ https://missouriindependent.com/2024/04/23/bill-to-stop-kansas-city-landfill-clears-missouri-house-heads-to-governor/#respond Tue, 23 Apr 2024 17:11:51 +0000 https://missouriindependent.com/?p=19870

A sign across from the proposed landfill in south Kansas City implores drivers to help stop the project from moving forward. (Allison Kite/Missouri Independent)

Legislation key to keeping a landfill from being built near pricey suburban homes just outside Kansas City is headed to Gov. Mike Parson’s desk. 

The Missouri House gave the legislation final approval by a 121-25 vote on Tuesday. It passed the Senate 24-7 last week.

With Parson’s signature, it would prohibit a landfill from being built in Kansas City within a mile of another municipality unless that adjoining city approves the project. 

The legislation was initially proposed last year after plans for a landfill in south Kansas City became public. Communities surrounding the site have been fighting for more than a year against the project, saying it would harm their health and property values. 

Rep. Mike Haffner, a Republican from Pleasant Hill, noted thousands of children go to school within a couple miles of the proposed landfill site. 

“That is the foundation of the next generation for the state of Missouri,” Haffner said on the House floor Tuesday. “We’ve got to protect them, and I think we did it the right way here.” 

House Majority Leader Jon Patterson, of Lee’s Summit, said there were doubts the legislature could get the bill passed this year. It was filibustered earlier this month in the Senate. 

Patterson called the bill’s passage on Tuesday a “huge win.” 

“I think it’s just a testament to…all the people that have worked on this, all the fine people of the city of Raymore, city of Lee’s Summit,” Patterson said.

From left, state Rep. Mike Haffner, R-Pleasant Hill, Majority Floor Leader Jonathan Patterson, R-Lee’s Summit, and Rep. Michael Davis, R-Belton, at a press conference following the passage of legislation pertaining to a Kansas City landfill on April 23 (Tim Bommel/Missouri House Communications).

The proposed 270-acre landfill, proposed by KC Recycle & Waste Solutions, was planned for a site just south of Missouri Highway 150 in Kansas City. It’s less than a mile from the Creekmoor golf course community, located in Raymore, with homes priced as high as $1 million. 

Under current law, a landfill can’t be built in Kansas City within half a mile of an adjacent city unless that community approves the project. The landfill proposed by KC Recycle & Waste Solutions — run by Jennifer and Aden Monheiser — would have been located between half a mile and one mile from the city’s boundary with Raymore.

When plans for the landfill became public, surrounding communities began lobbying the legislature to increase that buffer zone to one mile to kill the project.

Jennifer Monheiser and some legislators from outside the Kansas City area pushed back, arguing increasing the buffer zone would change the rules on a local business attempting to build a landfill in accordance with existing law. 

But earlier this month, officials from Raymore struck a deal with the Monheisers to keep the landfill from moving in. 

The Raymore City Council voted unanimously last week to approve a deal to pay the Monheisers more than $3.7 million to scrap the project, including $440,000 for the city to acquire a piece of land currently owned by the developers. 

The deal was contingent on the legislation increasing the buffer zone passing and developers’ agreement to impose restrictive use covenants on the property they’ve acquired to prevent it from being used for a landfill in the future. 

Raymore Mayor Kris Turnbow said in a statement he was grateful to the lawmakers who supported the legislation. 

“This measure ensures our community is protected from a threat that would have had negative impacts for generations,” Turnbow said. 

Kill The Fill, a political action committee launched to fight the proposed project, celebrated in a social media post after the House vote. 

“Fill almost killed,” the group said. “We’re a signature away.”

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Legislation designed to kill Kansas City landfill clears hurdle in Senate, nears final passage https://missouriindependent.com/2024/04/18/legislation-designed-to-kill-kansas-city-landfill-clears-hurdle-in-senate-nears-final-passage/ https://missouriindependent.com/2024/04/18/legislation-designed-to-kill-kansas-city-landfill-clears-hurdle-in-senate-nears-final-passage/#respond Thu, 18 Apr 2024 18:05:47 +0000 https://missouriindependent.com/?p=19826

A sign across from the proposed landfill in south Kansas City implores drivers to help stop the project from moving forward. (Allison Kite/Missouri Independent)

Legislation pivotal to killing a proposed landfill project in south Kansas City took a huge step forward this week in the Missouri Senate and is now just one step away from the governor’s desk. 

Missouri senators passed the legislation, which would prohibit a landfill from being built in Kansas City within a mile of its borders unless any adjacent municipalities approved the project, by a vote of 24-7 Wednesday night. 

The Senate vote represented a significant step forward in the effort to pass the legislation. House members have approved similar bills before, but they have stalled in the Senate following filibusters. 

The bill was amended in the Senate and needs a final House approval before it can go to Republican Gov. Mike Parson’s desk. The bill is ready to be debated by the House, but was not taken up before the chamber adjourned for the week on Thursday.

Parson’s signature would bring to an end an 18-month battle by nearby communities to keep a landfill out of south Kansas City.

Raymore city officials approve agreement meant to kill Kansas City landfill

“It’s too soon for a victory lap, but 9,000 or so people who live around the proposed landfill woke up with more hope today,” a political action committee formed in opposition to the landfill said in a social media post Thursday.

Residents, city governments and legislators from the suburbs of Kansas City have been fighting for well over a year to keep a proposed landfill from moving in less than a mile from the city’s border with Raymore. 

The 270-acre landfill, proposed by KC Recycle & Waste Solutions, was planned for a site just south of Missouri Highway 150 in Kansas City. It’s less than a mile from the Creekmoor golf course community, located in Raymore, with homes priced as high as $1 million. 

When the landfill plan became public, Raymore and other Kansas City suburbs were outraged, saying the project would harm their communities’ health and ruin their property values.

Under current law, a landfill can’t be built within half a mile of Kansas City’s boundaries without approval from the adjacent community. But the project proposed by KC Recycle & Waste Solutions — run by Jennifer and Aden Monheiser — would have been between half a mile and one mile from the city’s boundary with Raymore. 

Starting last year, critics of the landfill pushed legislation at the Missouri General Assembly to increase that buffer one to one mile. But it was repeatedly filibustered in the Missouri Senate. The Monheisers have donated tens of thousands of dollars to state and local races and political action committees.

After another filibuster earlier this month, Raymore city officials revealed they had struck a tentative deal with developers of the landfill to stave off the landfill. Raymore City Council members voted unanimously on Monday to approve an agreement to pay more than $3.7 million to the Monheisers to scrap the project, including $440,000 for the city to acquire one of the parcels currently owned by the developers. 

But the deal is contingent on the passage of the state legislation and the Monheisers’ agreement to impose restrictive use covenants on the property they’ve acquired to prevent it from being used for a landfill in the future. 

Monheiser said in a statement that she appreciates the discussions with Raymore officials that led to the deal. 

“We’re hopeful that the governor signs the legislation that will be sent to his desk so that all parties can move forward,” she said. “We will have more to say in the coming weeks about plans for the future, but for now, we’re happy to have an agreement that closes this chapter.”

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Missouri initiative campaigns confident of achieving signature goals https://missouriindependent.com/2024/04/17/missouri-initiative-campaigns-confident-of-achieving-signature-goals/ https://missouriindependent.com/2024/04/17/missouri-initiative-campaigns-confident-of-achieving-signature-goals/#respond Wed, 17 Apr 2024 17:43:11 +0000 https://missouriindependent.com/?p=19800

Supporters sign an initiative petition in support of a ballot measure that would legalize abortion up to the point of fetal viability in Missouri. during an event on Feb. 6, 2024, in Kansas City hosted by Missourians for Constitutional Freedom (Anna Spoerre/Missouri Independent).

Three initiative campaigns say they are on track to submit signatures that would put measures to legalize abortion and sports wagering, and to increase the minimum wage, on Missouri’s ballot this year.

Campaign finance reports filed this week show more than $10 million, much of it from out-of-state organizations, has been raised to fuel the campaigns. Only one opposition group, seeking to prevent abortion rights from making the ballot, is active. And its resources, much of it from Catholic churches, total less than $100,000.

The reports, which were due Monday, show who is backing the ballot measures as campaigns prepare to deliver signatures by May 5. Some campaigns used the deadline to issue public statements showing confidence of success.

When Missourians for Constitutional Freedom announced plans to begin collecting signatures for its abortion rights initiative in mid-January, leaders estimated the campaign would need to raise $5 million to successfully gather enough signatures to make the ballot. 

The report filed Monday, covering the first three months of the year, shows the campaign has raised $4.9 million. Additional reports of large contributions filed since April 1 show another $435,000 in contributions.

Of that amount, 3,206 individual Missourians have contributed $1.8 million. Of the top 15 donors, eight are from Missouri and gave $850,000. The seven donors who gave the most, making up more than half the total raised, are national advocacy organizations.

The largest single donor to the campaign is the Sixteen Thirty Fund, a liberal dark money organization based in Washington, D.C., that gave $1 million.

“We’re so grateful to the tens of thousands of Missourians who have chipped in, volunteered, and signed on to fuel our grassroots campaign that will end Missouri’s total abortion ban and put families — not politicians — back in charge of personal medical decisions,” Rachel Sweet, campaign manager, said in a news release. 

The abortion rights proposal would amend the state constitution to protect abortion up to the point of fetal viability. It would also protect other reproductive health care, including contraceptive access, if approved by voters.

There were times in 2023 when it seemed like the campaign would fail to launch because of a lengthy court battle over the ballot language. Eventually, the Western District Court of Appeals struck down the ballot language written by Secretary of State Jay Ashcroft as “replete with politically partisan language.”

That ruling, however, came only after months of wrangling over whether Attorney General Andrew Bailey could derail the initiative by refusing to certify the fiscal summary.

The opposition group, Missouri Stands With Women, has raised $84,567 to fund its “Decline to Sign” campaign, with $25,000 coming from Catholic dioceses and archdiocese and another $20,000 from Republican committees designed to elect GOP legislators.

The sports wagering campaign, organized by the state’s professional sports teams under the leadership of the St. Louis Cardinals, is being funded entirely by the two largest online sports wagering platforms, FanDuel and DraftKings.

The campaign, under the name Winning for Missouri Education, reported raising $4 million through March 31 and $2.1 since that date. The committee has spent $3.3 million, according to the report filed Monday. 

The cost has been shared almost equally between the two online platforms.

The proposal would allow online platforms, major professional sports teams and the state’s licensed casinos to seek a sports wagering license. The net winnings would be taxed at 10%, far less than the 21% tax on money casinos win from patrons.

The revenue, estimated at up to $28.9 million annually, would support education programs.

In a news release Tuesday, the campaign said it had amassed more than 300,000 signatures and will submit at least 325,000 signatures.

 “As the campaign approaches our goal of putting this on the November ballot, Missouri is a step closer to allowing Missouri adults to bet on sports, while generating tens of millions in annual funding for our classrooms,” Jack Cardetti, spokesman for the campaign, said in the news release.

Missourians for Healthy Families & Fair Wages, the campaign committee backing the minimum wage increase, reported it raised $540,000 during the first three months of the year and $1.9 million in total donations of both cash and in-kind services.

A large portion of the funding is in-kind donations from the Missouri Jobs with Justice Action. The Sixteen Thirty Fund is another major source of cash, giving $575,000 in 2023. The Fairness Project, another Washington, D.C.-based group that helps run liberal initiative campaigns, has contributed $250,000.

Under the statutory change being proposed, Missouri’s minimum wage, currently $12.30 an hour, would go to $13.75 per hour on Jan. 1 and $15 an hour on Jan. 1, 2026. The last time Missourians voted to increase the minimum wage, in November 2018, it received 62% of the statewide vote.

This year’s proposal would also require employers to give paid sick leave to employees and allow them to use the time off to care for a sick family member or if they need time away from work due to domestic violence issues at home.

“We feel good about the direction we’re headed,” said Joni Wickham, spokeswoman for the campaign.

A St. Louis University/YouGov poll conducted in February found that 44% of voters were ready to vote for the abortion rights proposal after hearing the court-written ballot language. The SLU/YouGov poll also showed 60% of those surveyed said they would vote to legalize sports wagering.

The poll did not include a question about the minimum wage.

The abortion rights and sports wagering proposals would amend the state Constitution and need at least 171,592 signatures from registered voters, spread across six of the state’s eight congressional districts, to make the ballot. The minimum wage increase proposal is a statutory change and needs at least 107,246 signatures to make the ballot. 

This article has been updated to correct the name of the anti-abortion rights campaign committee.

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Raymore city officials approve agreement meant to kill Kansas City landfill https://missouriindependent.com/2024/04/15/raymore-city-officials-approve-agreement-meant-to-kill-kansas-city-landfill/ https://missouriindependent.com/2024/04/15/raymore-city-officials-approve-agreement-meant-to-kill-kansas-city-landfill/#respond Tue, 16 Apr 2024 00:23:07 +0000 https://missouriindependent.com/?p=19777

A sign just outside Creekmoor, a golf course subdivision in Raymore, implores drivers to stop a proposed landfill less than a mile away. The Raymore City Council on Monday adopted legislation that would offer a payment to developers of the proposed landfill to abandon their plans for the site. (Allison Kite/Missouri Independent).

A controversial landfill proposed for south Kansas City is likely dead after approval of a deal developers struck with a suburban municipality that has been fighting to kill the project. 

The Raymore City Council voted unanimously Monday for an ordinance setting out the terms for  a settlement that would pay developers of the proposed landfill $3.73 million to scrap their project, including $440,000 for Raymore to acquire one of the developers’ 12-acre parcels. 

The agreement is contingent on the developers halting efforts to build the landfill, agreeing to impose restrictive use covenants on the property they’ve acquired and dropping their fight against state legislation drafted to kill the project.

“I have seen firsthand the anguish that our residents have gone through for more than a year and a half of fighting this battle,” Raymore Mayor Kris Turnbow said just before the vote. “And I don’t believe there’s any price on the long term health, safety and well being of our community.” 

Developers of the project, KC Recycle & Waste Solutions, declined to comment through a spokeswoman. 

KC Recycle & Waste Solutions — run by Jennifer Monheiser — proposed the 270-acre landfill just south of Missouri Highway 150 in Kansas City. It’s less than a mile from the Creekmoor golf course community, located in Raymore, with homes priced as high as $1 million. 

When the landfill plan became public, Raymore and several other Kansas City suburbs banded together in opposition saying the dump would harm their communities. 

Monday night’s city council vote represented a huge victory for those who have been fighting for more than a year to prevent the landfill from moving in. 

Under current law, if a landfill is built in Kansas City within half a mile of its boundary with another municipality, the adjacent city can approve or deny the project. The Monheisers’ project, however, would have been between half a mile and one mile from Kansas City’s boundary with Raymore. 

Raymore, along with nearby Kansas City suburbs and individuals, have pushed legislation at the Missouri Statehouse that would increase that buffer zone to one mile. 

Monheiser has fought back against those legislative efforts to kill her project, hiring close to 20 lobbyists and donating to Missouri lawmakers’ campaigns. 

One of several identical bills that would increase the buffer zone cleared the Missouri House in March and has passed a Senate committee, but has not yet been heard on the Senate floor. Another version came up in the Senate earlier this month, but lawmakers from outside the Kansas City area launched an hours-long filibuster, shutting down the chamber. The same thing happened last year.

After efforts to kill the project via state legislation failed last year, critics formed Kill The Fill, a political action committee that has raised money through small dollar donations, a golf tournament and bourbon tasting. The PAC hired a lobbying firm run by Steve Tilley, a veteran Jefferson City lobbyist with ties to Gov. Mike Parson, and has paid the firm $46,500 for lobbying and public relations since October. 

The PAC’s founder, Jennifer Phanton, said in a statement the group was happy with the outcome. 

“We’re grateful for Mayor Turnbow and the City of Raymore’s efforts on this,” she said. “Our group’s focus remains on passing legislation, and we’ll have more to say when that time comes.”

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After Missouri Senate filibuster, KC landfill critics hope to cut a deal with developers https://missouriindependent.com/2024/04/11/after-missouri-senate-filibuster-kc-landfill-critics-hope-to-cut-a-deal-with-developers/ https://missouriindependent.com/2024/04/11/after-missouri-senate-filibuster-kc-landfill-critics-hope-to-cut-a-deal-with-developers/#respond Thu, 11 Apr 2024 22:38:24 +0000 https://missouriindependent.com/?p=19751

A sign just outside Creekmoor, a golf course subdivision in Raymore, implores drivers to stop a proposed landfill less than a mile away. Officials from the city of Raymore are negotiating with developers of the project to keep it from being built (Allison Kite/Missouri Independent).

Kansas City-area communities fighting a proposed landfill are hopeful negotiations with the developers will end the controversy and “eliminate” the project.

For more than a year, communities that border south Kansas City have been fighting a proposed 270-acre landfill. They’ve pleaded with state lawmakers to pass legislation to kill the project, hired lobbyists and formed a political action committee. 

The push was stymied last week when a group of state senators outside the Kansas City area used a filibuster to block a vote on legislation meant to kill the landfill project. Now, it appears, the city of Raymore is near a deal with developers that would halt the project in exchange for cash payments. 

Melissa Harmer, a spokeswoman for Raymore, which borders Kansas City at the proposed site, said in an email to The Independent on Wednesday that the city was working toward an agreement with the developers “that would eliminate the landfill,” contingent on the passage of the legislation. She said there was little to share “except that we’re feeling positive.”

She did not answer an email asking follow-up questions.

A day later, the city of Raymore posted on its website an agenda for a special meeting of the City Council to approve legislation establishing an agreement wherein the city would make settlement payments in exchange for restrictive covenants preventing the site from becoming a landfill. According to the agenda, the settlement would also include “mutual support” for state legislation that would prevent the landfill from being built at the proposed site. 

“This is the local step necessary to advance legislative action in Jefferson City to end the threat of a landfill on Raymore’s northern border,” the agenda says. 

Jennifer Monheiser, one of the developers, said in a statement Wednesday that the team is “dedicated to finding a solution that works for everyone.” 

“Our team is focused on conversations that address the region’s waste management needs as well as concerns about the environmental impact of our project,” Monheiser said. A spokeswoman for Monheiser declined to answer follow-up questions about possible negotiations with local municipalities, saying there are “a lot of moving parts.” 

The landfill — proposed by Monheiser’s business, KC Recycle & Waste Solutions — was proposed just south of Missouri Highway 150 in Kansas City. It’s less than a mile from the Creekmoor golf course community, located in Raymore, with homes priced as high as $1 million. 

Under current law, KC Recycle & Waste Solutions’ proposal to place the landfill within a mile of the city’s boundary with a nearby community is permissible — subject to state permitting requirements. If it were within a half mile of city limits, though, it would need the approval of neighboring municipalities.

Critics of the project in nearby Raymore, Lee’s Summit and other suburban Kansas City municipalities want that buffer zone increased to one mile. They have decried the project, saying it will harm their constituents’ property values, health and ability to enjoy their homes.

After legislative efforts to block the project failed last year, area residents launched Kill The Fill, a political action committee that has raised money through small dollar donations, a golf tournament and bourbon tasting. 

The PAC hired a lobbying firm run by Steve Tilley, a veteran Jefferson City lobbyist with ties to Gov. Mike Parson, and has paid $46,500 for lobbying and public relations since October.

Kill The Fill’s treasurer, Jennifer Phanton, said in an interview that she can see the proposed landfill site from her upstairs window. 

“When this becomes a mountain of trash,” she said, “I’ll be able to see it from my house.” 

Phanton said she was hopeful about the negotiations between the developers and opponents like the city of Raymore, which she described as “close-lipped.” 

She argued the municipalities around the landfill deserve a seat at the table because its placement will affect them. The closest fire station, she said, isn’t one of Kansas City’s. And the roads leading to the landfill that will incur heavy truck traffic pass through surrounding cities. 

“You’re putting the onus, you know, on these neighboring municipalities to support this landfill…but you’re not willing to give them a seat at the table,” she said. “That’s insane to me.”

Lawmakers have debated increasing the buffer zones for the past two legislative sessions, but it has yet to clear the Missouri General Assembly.

One of several identical bills to increase the buffer zone cleared the Missouri House in March and has passed a Senate committee. It awaits floor action. Another version came up last week in the Missouri Senate, but lawmakers from other parts of  Missouri launched an hours-long filibuster, shutting down the chamber. 

The same thing happened last year when State Sen. Mary Elizabeth Coleman, a Republican from Arnold, stood opposed to the legislation.

State Sen. Rick Brattin, a Republican from Harrisonville who represents neighbors of the proposed landfill, responded the next day with a filibuster meant to shut down debate of the state budget as a deadline to pass it loomed.

Kansas City-area senators have since criticized colleagues from other parts of the state for fighting on behalf of the landfill, saying they should respect the judgment of senators who represent the area of the proposed project to determine what’s best for their communities.

State Sen. Mike Cierpiot, a Lee’s Summit Republican, said the Senate has a tradition of deferring to senators from the area when considering legislation that affects a particular part of the state. He called it “troubling” that lawmakers who live “nowhere near” the affected communities would fight for the landfill when the senators representing the Kansas City area stand opposed.

Cierpiot said the entire Kansas City delegation — including both Republicans and Democrats — agree the site isn’t appropriate for a landfill. 

“I ask this body to trust those senators that represent this entire area,” Cierpiot said. “We know what is best for our area, as I’m sure each of you do.”

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‘The water wars are coming’: Missouri looks to limit exports from rivers, lakes https://missouriindependent.com/2024/04/10/the-water-wars-are-coming-missouri-looks-to-limit-exports-from-rivers-lakes/ https://missouriindependent.com/2024/04/10/the-water-wars-are-coming-missouri-looks-to-limit-exports-from-rivers-lakes/#respond Wed, 10 Apr 2024 18:17:50 +0000 https://missouriindependent.com/?p=19739

Missouri River and Capitol Building during sunset in Jefferson City (Getty Images).

Missouri House members on Wednesday took a step toward prohibiting exports of water, arguing the state’s “most precious resource” should be protected and reserved for residents.

The bill, which prohibits water exports without a state permit, cleared an initial Missouri House vote 115-25. It needs second approval before it moves to the Missouri Senate, where a similar bill has passed a committee vote and awaits action by senators.

Speaking in favor of the bill, Bridget Walsh Moore, a Democrat from St. Louis, said “the water wars are coming.” 

“The western water table is drying up,” Walsh Moore said. “This is forward thinking and protecting Missouri from future problems.”

With the Missouri River running through the middle of the state, the Mississippi along its eastern border and the Osage River that feeds the Lake of the Ozarks, Missouri is home to a host of reliable freshwater systems. But lawmakers fear as other states struggle with a drier future, they might look to Missouri as a solution.

To the west, Kansas is grappling with the decline of the Ogallala Aquifer, an underground supply of fresh water that has been over pumped for decades and threatens running dry. The changing climate and overuse threaten water supplies in much of the western U.S.

Republicans Sen. Jason Bean and Rep. Jamie Burger — from Holcomb and Benton, respectively — introduced legislation this year that would prohibit water exports from Missouri without a permit from the Missouri Department of Natural Resources.

The bill would prioritize Missouri users over requests from out of state. In order to receive an export permit, according to the bill, there would have to be enough water present and the out-of-state proposal could not interfere with existing or proposed uses within Missouri. The applicant would also have to demonstrate they need the water and intend to put it to good use.

Missouri officials would have to analyze whether existing and proposed water uses in Missouri would still have access to adequate supply before approving a water export. 

Burger told The Independent earlier this year that he wasn’t aware of any efforts to export water from the state aside from some long standing agreements along the state’s borders with Arkansas and Oklahoma.As of last week, about one-third of Missouri is in a moderate or severe drought, according to the U.S. Drought Monitor.

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U.S. Sen. Josh Hawley proposes adding radiation exposure bill to stalled tax package https://missouriindependent.com/briefs/u-s-sen-josh-hawley-proposes-adding-radiation-exposure-bill-to-stalled-tax-package/ https://missouriindependent.com/briefs/u-s-sen-josh-hawley-proposes-adding-radiation-exposure-bill-to-stalled-tax-package/#respond Tue, 09 Apr 2024 19:04:40 +0000 https://missouriindependent.com/?p=19723

U.S. Sen. Josh Hawley speaks during U.S. Attorney General nominee Merrick Garland's confirmation hearing in the Senate Judiciary Committee on Capitol Hill on Feb. 22, 2021 in Washington, DC. (Demetrius Freeman-Pool/Getty Images).

WASHINGTON — Republican Sen. Josh Hawley of Missouri thinks he’s found a path for stalled tax legislation that would temporarily expand the child tax credit and restore business tax breaks that are expired or have sunset under the 2017 tax law.

Hawley’s idea is to attach the Radiation Exposure Compensation Act to the tax bill to entice his party colleagues to pass it through the upper chamber — including top tax writer and radiation compensation champion Sen. Mike Crapo of Idaho. The House already has passed the tax package with overwhelming bipartisan support.

“I think if they want to move the tax bill, I would say put RECA onto the tax bill and move them together. I think you can get 60 (votes) for that. I would go for it. I think other people would vote for it. It’s hard to see a path if that doesn’t happen, to be honest with you,” Hawley told States Newsroom and a small group of reporters Tuesday.

Hawley’s RECA proposal would expand the expiring compensation fund for victims of past government radiation and atomic bomb testing in the St. Louis area and the western and southwestern U.S.

Senators voted in favor of the bill in March, 69-30.

When asked by States Newsroom if the proposal — first reported by Punchbowl News —  had gained traction, Hawley said he’s “talked to multiple senators about this and where my position is.”

“Listen, I don’t control the floor. So it’s not my decision. But I’m just saying that if they want to move that bill … I can only control my own vote, but I’d vote for it,” he said.

Senate GOP opposition to tax bill

Some Senate Republicans refuse to support the tax bill over a Democratic proposal to allow taxpayers to receive the child tax credit even if they had no annual income the prior year — a “look-back” provision that they liken to expanding welfare.

Several also oppose a provision that would phase-in the credit at a faster rate, therefore increasing the amount parents could receive as a refund.

Crapo, ranking member of the Senate Committee on Finance and lead Senate Republican negotiator on the tax bill, has championed compensation for victims of government radiation exposure.

The Idaho Republican’s invited guest to President Joe Biden’s State of the Union address in March was Tona Henderson, head of the Idaho Downwinders in Emmett, Idaho, a group that advocates for compensation for Idahoans affected by government nuclear weapons testing in the 1950s and 1960s.

A Senate Finance Committee spokesperson said Crapo does not have any comment about Hawley’s idea.

A staunch opponent of the tax legislation, GOP Sen. Thom Tillis of North Carolina, said Hawley’s proposal does nothing to move his position.

“You’re talking about the tax legislation I oppose?” he said when asked by States Newsroom Tuesday if attaching RECA would change his mind. “No.”

Sen. Ron Wyden, who chairs the Senate Finance Committee and originally sponsored the tax bill, said he hasn’t yet been briefed on the proposal, which also would have to make it through the Republican-controlled House.

“But, you know, when I hear United States senators, particularly Republicans, say that they’re interested in families and small businesses, and getting a roof over people’s heads, I think that’s a good thing,” the Oregon Democrat said.

Wyden said he’s interested in “approaches that add votes, don’t subtract votes.”

What Republicans want to do — strip the bill of the look-back provision for the child tax credit — would alienate Democratic supporters of the bill, Wyden said.

“What has been offered thus far by the Senate Republicans would not get a single Democratic vote, and the sponsors of it know that.”

Worsening the national debt?

The Committee for a Responsible Federal Budget, a nonpartisan budget watchdog organization, panned Hawley’s proposal Tuesday afternoon, saying it has potential to turn the tax legislation “into a fiscally reckless bill by adding a layer of unpaid-for spending.”

“Despite its flaws, the House went through the important exercise of holding down their bill’s costs and ensuring it was fully offset. Throwing $50 billion of borrowing on top of it would unravel all of the progress made in that effort,” Maya MacGuineas, CRFB’s president, said in a statement.

The $78 billion bill negotiated by Wyden and Republican Rep. Jason Smith of Missouri, the lead tax writer in the House, offsets the cost by ending a pandemic-era tax break for businesses that has been riddled with fraud.

“Of course we need to make sure victims of radiation exposure are appropriately compensated. But their grandchildren shouldn’t be the ones paying the bill,” MacGuineas said later in the statement.

“We are nearing an inflection point in our nation’s history where the national debt will exceed its record as a share of the economy, interest payments on that debt will be higher than what we spend on national defense or Medicare, and a host of important priorities will test our ability to continue borrowing.”

Note: This story was updated to reflect the Republicans’ wider offer to Democrats.

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After a long slog, climate change lawsuits will finally put Big Oil on trial https://missouriindependent.com/2024/04/04/after-a-long-slog-climate-change-lawsuits-will-finally-put-big-oil-on-trial/ https://missouriindependent.com/2024/04/04/after-a-long-slog-climate-change-lawsuits-will-finally-put-big-oil-on-trial/#respond Thu, 04 Apr 2024 18:56:05 +0000 https://missouriindependent.com/?p=19657

Climate-induced weather disasters include record wildfires in the West, record-setting heat waves and droughts, and aggressive hurricanes. Here, smoke plumes and hurricane clouds are visible at once (photo courtesy of NASA Earth Observatory).

After years of legal appeals and delays, some oil companies are set to stand trial in lawsuits brought by state and local governments over the damages caused by climate change.

Meanwhile, dozens more governments large and small have brought new claims against the fossil fuel industry as those initial cases, filed up to a half-dozen years ago, inch closer to the courtroom.

“It’s all building toward more cases in more places using more legal theories to hold these companies accountable,” said Richard Wiles, president of the Center for Climate Integrity, a nonprofit that offers legal and communication support to communities suing oil companies.

Wiles’ group has tracked 32 cases filed by state attorneys general, cities, counties and tribal nations against companies including Exxon Mobil, BP and Shell. The lawsuits cite extensive news reporting — including investigations by the Los Angeles Times and Inside Climate News — showing oil companies’ own research projected the dangers of climate change decades ago, even as the industry tried to undermine scientific consensus about the crisis.

Those practices, the claims argue, violate a variety of laws including consumer protection, public nuisance, failure to warn, fraud and racketeering. Some of the lawsuits seek to force oil companies to help pay for the damages caused by climate change. Others aim to impose penalties for the use of deceptive business practices. Some want to compel the companies to fund a corrective education campaign about the climate threats they once downplayed.

Given the massive price tag of climate disasters and governments’ adaptation costs, experts say the lawsuits could put the oil industry on the hook for many billions of dollars.

Oil companies have long sought to move such cases to federal court, where they believe national regulations such as the Clean Air Act could supersede local governments’ claims against them. But a string of circuit court and U.S. Supreme Court decisions have ruled that the cases alleging violations of state laws belong in state court, finally clearing the way for jury trials.

Legal experts on both sides say there is a long way to go — perhaps decades — before there is any sort of resolution. But environmental advocates say the first trials could lead to a “tidal wave” of new cases, similar to the nationwide push that forced tobacco companies to pay billions under a settlement reached in the 1990s.

Oil industry backers argue that governments themselves have promoted the use of fossil fuels, and that attempts to hold companies accountable for climate change will hurt consumers.

“We don’t have an economy without oil,” said Wayne Winegarden, a senior fellow at the Pacific Research Institute, a California-based think tank that advocates for free market principles and is supported in part by oil industry-affiliated groups.

“Consumers are aware of global climate change and continue to use oil,” he said. “[The lawsuits] are an underhanded way of the states throwing on carbon taxes without having to take responsibility for it.”

First trials

In the past year, the Supreme Court has issued three denials covering eight cases, rejecting oil companies’ attempts to move them to federal court. The decisions, which uphold lower court rulings, will finally allow cases to proceed in state court, after years of delays over the “venue” question.

Two of those lawsuits, filed by the state of Massachusetts and the city of Honolulu, have moved past oil companies’ motions for dismissal and reached the pretrial discovery phase, when both sides exchange information about evidence they could present in court.

Wiles said the Massachusetts case against Exxon Mobil could reach trial as soon as next year. When the case was filed in 2019, then-Attorney General Maura Healey, now the Democratic governor, said the monetary damages could reach “untold amounts.”

If the Massachusetts suit wins a ruling that fossil fuel companies can be held liable for climate damages, it would prompt a “flood” of cases, Wiles said, as other attorneys general seek money for their states.

The Massachusetts attorney general’s office declined an interview request. None of the industry organizations facing lawsuits — Exxon Mobil, BP, Chevron, Sunoco, Suncor, Shell, ConocoPhillips, Koch Industries and the American Petroleum Institute — would grant an interview.

While all eyes are on the Massachusetts case, which appears on track to be the first climate trial, others are close behind. Boulder County, Colorado, also received Supreme Court validation last year that its lawsuit, filed in 2018, belongs in state court. Oil companies have now filed a motion to dismiss. Boulder Mayor Aaron Brockett said the move is a delay tactic used by the industry in nearly every climate case. If the claim is not dismissed, the county expects its case to move into the discovery phase later this year.

“We already have documentation that the companies involved in the suit knew about the effects of climate change as much as 50 years ago,” Brockett said. “We expect discovery to uncover a great deal more of that evidence. They knew about the damage that their products were causing, so they deserve to pay their fair share.”

Boulder County, he said, is spending millions to prepare for a climate future that is projected to include wildfires, droughts, floods and intense storm events. The lawsuit seeks to force oil companies to pay for the past and future damages caused by climate change.

Attorneys for the oil companies have argued in court filings that Boulder is attempting to use state law to tackle global climate change.

“Plaintiffs’ claims are not limited to harms allegedly caused by fossil fuels extracted, marketed, sold, or used in Colorado,” they wrote. “Instead, Plaintiffs attempt to use this state’s tort law to control the worldwide activity of companies that play a crucial role in virtually every sector of the global economy.”

The most recent U.S. Supreme Court decision, issued in January, denied attempts to move the state of Minnesota’s case, which was filed in 2020, to federal court.

“The fact that this whole avenue of delay and distraction has been shut down is huge,” said Leigh Currie, director of strategic litigation with the Minnesota Center for Environmental Advocacy. Currie helped write and litigate the lawsuit in her previous role with the state attorney general’s office. “We can go forward and actually answer some of the questions that these lawsuits pose.”

Minnesota is experiencing extreme weather, droughts, floods and wildfire smoke as a result of climate change, Currie said. While the state’s lawsuit does not directly seek damages for those harms, it attempts to compel the oil companies to surrender the profits they made as a result of unlawful behavior.

In their petition before the Supreme Court, the oil companies facing the Minnesota lawsuit argued that without federal review, “climate-change cases will continue to proliferate in state courts, resulting in the application of the laws of fifty states to climate change-related disputes, in conflict with the national-security, economic, and energy policies of the United States.”

‘A war of attrition’

The cases illustrate the arduous legal path just to get before a jury.

“[Oil companies] have an open checkbook, and they’re making record profits,” said Pat Parenteau, an emeritus professor of environmental law at Vermont Law School, who also serves in an informal advisory group that supports some of the governments’ cases. “The real test for the plaintiffs is whether they can compete and fight tooth and nail for years. It’s a war of attrition. That’s what Exxon’s counting on.”

The steep cost of taking on the oil industry has kept some states from joining the fray. But climate advocates say they’re seeing increasing momentum after the Supreme Court wins. Chicago filed a lawsuit this year. Last September, California became the largest government to file a lawsuit, seeking to force oil companies to pay into a fund that would help pay for climate adaptation efforts. Democratic Gov. Gavin Newsom’s office told Politico that the earlier victories gave California confidence that its case would be heard in state court.

“Having California in the mix could meaningfully alter the course of climate litigation,” said Hannah Wiseman, a professor of law at Penn State University’s College of Earth and Mineral Sciences. “They have the resources for this type of litigation that other states have been working to amass.”

Neither Newsom’s office nor Democratic Attorney General Rob Bonta’s office granted interview requests.

New York City, which filed its own lawsuit in 2021, is among the cases to cite laws that penalize deceptive advertising. New York argues “greenwashing” ads from oil companies portray them as climate leaders even as they continue to increase fossil fuel production.

“Part of the relief we are seeking is to stop the defendants from making false and misleading statements to New York City consumers,” said Hilary Meltzer, chief of the city’s environmental law division. The suit also seeks financial penalties.

Meanwhile, a pair of tribal nations in Washington state filed lawsuits late last year, citing the costs of moving to higher ground as rising sea levels threaten their communities. Environmental advocates say the entry of tribes — many of which are facing the worst effects of climate change — is a welcome development in the legal fight.

The Washington cases, brought by the Makah and Shoalwater Bay tribes, are among those seeking damages for specific harms. Another, filed by Multnomah County, Oregon, cites the deadly 2021 “heat dome” event that brought record temperatures to the region. And a pair of cases brought by Puerto Rico municipalities seek damages for the 2017 hurricane season.

So far, the climate cases have been brought by governments with Democratic leaders, as Republican officials remain largely hostile to climate action and more friendly to fossil fuel interests. Advocates say that political dynamic means such lawsuits will likely be limited to blue states for the near future. But they noted that red states are also in the path of climate disasters.

“Money talks,” said Wiles, with the climate group. “If New Jersey has a multibillion-dollar decision against Big Oil, why wouldn’t North Carolina say, ‘Damn!’?”

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and Twitter.

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In the central U.S., an electric grid bottleneck persists https://missouriindependent.com/2024/04/01/in-the-central-u-s-an-electric-grid-bottleneck-persists/ https://missouriindependent.com/2024/04/01/in-the-central-u-s-an-electric-grid-bottleneck-persists/#respond Mon, 01 Apr 2024 18:55:02 +0000 https://missouriindependent.com/?p=19619

Smoke rises from distant stacks at Entergy’s power plant in Reserve, Louisiana, on Wednesday, Nov. 10, 2021. Entergy operates electric utility companies in Texas, Arkansas, Louisiana and Mississippi that serve 3 million customers (Wes Muller/Louisiana Illuminator file photo).

Forty-five million people live in the area managed by the Midcontinent Independent System Operator, the organization that runs a massive portion of the North American electric grid running from Manitoba, Canada, to the Gulf of Mexico.

Inside that footprint are all or parts of 15 states, 75,000 miles of transmission lines and nearly 3,000 electric generating units: coal, nuclear, natural gas, wind, solar and hydroelectric plants.

But where the northern part of the system meets the southern end — a narrow corridor that traverses a corner of southeast Missouri and northeastern Arkansas — there’s a bottleneck that can hurt electric customers and create major inefficiencies on both sides of the divide.

“It’s definitely a problem,” said Dan Scripps, chairman of the Michigan Public Service Commission and former president of the Organization of MISO States, which represents utility regulators in MISO territory. “The price separation you see between the regions is concerning.”

The limited ability to shift power between the regions has been a longstanding concern. But a paper published earlier this year by an energy economist says a major utility company in MISO’s southern region, Entergy, has big financial incentives to resist better transmission connections which the company has been repeatedly accused of doing.

The analysis by Catherine Hausman, an associate professor at the Gerald Ford School of Public Policy at the University of Michigan, says two Entergy subsidiaries, Entergy Louisiana and Entergy Arkansas, would have “seen profits lowered by $930 million in 2022 under market integration.”

The report was published in January by the National Bureau of Economic Research as a working paper, which is circulated prior to peer review. Though complaints about the north-south constraint have been longstanding, Hausman’s paper for the first time quantifies potential losses to power plant revenue if it gets fixed.

In a statement to States Newsroom, Entergy said Hausman’s paper presents “a false and misleading narrative about Entergy and its approach to new transmission investment.” The company added that, per the regulatory models it operates under, “profits do not depend on how often its generators run.”

A MISO spokesman said the organization had no comment on Hausman’s paper. However, MISO does plan to upgrade the connection in the years to come as part of its long range transmission planning process.

The beginnings of the bottleneck 

The MISO chokepoint is a product of both the limited connectivity between MISO’s northern regions and the southern part and a contractual agreement, the regional directional transfer limit, which throttles the amount of power that can flow between them because of the effects on neighboring systems. Those include Southwest Power Pool, the grid operator to MISO’s west, and the Tennessee Valley Authority to the east. The north-to-south limit is 3,000 megawatts and the south-to-north limit is 2,500 megawatts, though those thresholds can be “temporarily increased or decreased to avoid a system emergency,” MISO says.

“It is a contractual limitation designed frankly to protect SPP and TVA from Entergy free riding on their transmission lines to move power back to the north,” said Simon Mahan, executive director of the Southern Renewable Energy Association, an industry group. Also, Mahan said, it protects Entergy from cheaper power flows into its service area.

The limit’s roots stem from Entergy being prodded into joining a regional transmission organization in 2012 as part of a deal with the U.S. Department of Justice, which was investigating the company over anti-competitive behavior in how it managed its transmission system.

Instead of joining SPP, which some observers thought made the most sense because of the number of transmission connections it had with Entergy, the company chose MISO, “which put the utility effectively on an island with limited ability to move power back and forth,” wrote Daniel Tait, a research and communications manager with the Energy and Policy Institute, a pro-renewable energy nonprofit focused on utilities.

After Entergy’s merger into MISO in 2013, MISO began sending power between the regions in excess of the 1,000 megawatt direct physical connection between the regions, creating “significant incremental power flows” onto SPP’s system, per a complaint filed with the Federal Energy Regulatory Commission.

“MISO should not be permitted to be a free rider on the SPP system,” Southwest Power Pool transmission owners wrote in the FERC filing. “SPP transmission customers are paying for the SPP system, and will continue to pay for it, and should not be forced to subsidize MISO’s transmission customers.” A subsequent settlement agreement reached between the organizations in 2016 set the current constraints. The deal allows “MISO to purchase additional system capacity in exchange for compensation,” a MISO spokesman said.

Why it matters

So, more than a decade since integrating with MISO, Entergy’s territories remain on an island, and that’s no accident, Tait and others say.

Why? Critics of the company point to “load pockets,” areas with high demand but limited ability to bring in electricity from elsewhere. A transmission line could be a potential fix, as could new power plants. And while Entergy says its profits aren’t affected by how often its power plants run, monopoly utilities like Entergy do make considerable money on building new ones, since the utility gets state-approved profit margins and is incentivized to build the most expensive project it can get regulators to go along with. (It’s a move Entergy has employed in East Texas that has drawn considerable criticism and lots of litigation).

“Entergy makes a lot more money by building a power plant under a state-regulated model compared to the lower return on equity from a federally regulated transmission project,” Tait said. Transmission lines that bring in cheaper power from elsewhere, like the wind-rich regions in northern MISO, can also make it harder to make the case for building new plants.

“Entergy joined MISO, but has since been accused of stalling the MISO transmission process, again to protect its fossil plants,” Hausman’s paper says. “The incentives to have power plants dispatched a large portion of the year to still appear used and useful are likely to still be large.”

Rob Gramlich, a former FERC economic adviser and president of Grid Strategies, a consulting firm, said there’s “some generator protectionism going on in MISO South.” He added that there’s no good economic reason why upgrades to the north-south constraint to allow more power to flow can’t happen quicker.

“It’s just politics and certain companies’ interest,” he said.

Entergy, however, rejects the notion that it has fought new transmission to protect profits and says that revenues from operating Entergy’s plants are “credited 100% to customers” on their bills.

“Simply put, there is no incentive, profit or otherwise, for Entergy to oppose new transmission that is beneficial to our customers,” the company told States Newsroom.

Rather, Entergy pointed at renewable developers, who often build power generation far from areas of high electric demand and may need considerable transmission to get their power to market. (Per Hausman’s analysis, wind generators in MISO North would have seen a gain of about $800 million in 2022 if transmission constraints were fixed.)

“There is every profit incentive for renewable developers to pursue new transmission regardless of its merit or whether it reduces the delivered cost of electricity to utility customers,” the company said. “Unlike Entergy, such developers do benefit from increasing the dispatch of their generation, and the resulting costs are borne not by them but by utility customers.”

Bringing in cheaper power only makes sense for utility customers when the savings are greater than the cost of the new transmission projects needed to provide it, the company said.

“It is one thing to be able to import more wind generation, but if the cost of the transmission necessary to import that wind generation makes the total delivered cost of electricity more expensive, then it is not in our customers’ interests to pursue that project,” Entergy said.

Bill Booth, an energy attorney who works for developers, utilities and state commissions in the MISO region, said several areas in MISO have transmission constraints, not just the North-South connection.

“Two critical issues are cost allocation and the belief by a state commission that the facilities built are going to benefit the state,” he said. “You can drive on a two-lane highway or you can drive on a six-lane highway. … There would have to be a business case to justify the expense.”

Making connections

Scripps, the Michigan utility regulator and the former president of the Organization of MISO States, says he’s unsure why the limitations between MISO’s regions persist but added that it causes real headaches. Among the biggest is the inability to move the cheapest power to customers in the region, which is one of the main reasons regional transmission organizations like MISO exist in the first place. It can likewise be a problem during severe weather, when moving electricity between the regions is crucial to compensate for plant outages or other emergencies.

“The whole idea of these regional markets and interconnections is you can draw from a broader pool, you can drive down prices and you can increase reliability,” Scripps said. “We are clearly losing out on both the reliability benefit and the opportunity to lower prices by having the RDT continue to exist as a significant constraint on the MISO system.” The constraint also presented problems during a recent MISO capacity auction, Scripps said. That’s when utilities purchase excess electric capacity to ensure they can meet electric demand at all times. Prices were significantly higher in MISO’s northern regions than in the south, Scripps noted. “If that constraint didn’t exist we would not have seen the price spike in the capacity market that we did,” he said.

Mahan, with the Southern Renewable Energy Association, pointed out that during Winter Storm Elliott in 2022 the power flow along the north-south connection was reduced to alleviate strain on the grid. There were also blackouts in Entergy territory during Winter Storm Uri in 2021.

“MISO South had rolling blackouts in part because we couldn’t import enough power from the north,” Mahan said. “Being able to move power back and forth helps lower the cost of the system for everyone.”

During Winter Storm Heather in January, wholesale electric prices exceeded $900 per megawatt hour in one part of MISO South while they were as low as $9 per megawatt hour in other parts of the system. As the storm moved on, the problem reversed to some degree, with prices in MISO North climbing.

“The economics of the system flipped and now all of a sudden MISO South had way more generation than we needed,” Mahan said.

As of now, MISO contemplates fixing the RDT constraint as part of the fourth phase (called Tranche 4) of its long range transmission planning process. The organization just laid out proposals for the second tranche, which involve additional transmission projects in MISO North. The third tranche envision fixes for MISO South. The MISO South grid is too weak to import lower-cost electricity, which is increasing consumers’ bills unnecessarily,” said Lauren Azar, an energy attorney working for the Natural Resources Defense Council and former Wisconsin utility commissioner, at a MISO meeting in February.

But there’s a battle under way over who should pay for what. That means an upgrade for the north-south constraint is likely still years away.

“The vision for melding MISO North and South together on this rolling time frame has really lagged behind,” said Beth Soholt, executive director of the Clean Grid Alliance, based in St. Paul, Minnesota. “It’s in the ratepayers’ best interest to find the political will to solve this.”

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Bill seeks to keep information about Missouri’s major water users secret https://missouriindependent.com/briefs/bill-seeks-to-keep-information-about-missouris-major-water-users-secret/ Thu, 28 Mar 2024 16:13:46 +0000 https://missouriindependent.com/?post_type=briefs&p=19543

The Missouri state flag is seen flying outside the Missouri State Capitol Building on Jan. 17, 2021 in Jefferson City (Michael B. Thomas/Getty Images).

Legislators moved forward a water bill Tuesday that would effectively keep information about the state’s major water users from the public.

Th legislation, sponsored by Republican state Rep. Dane Diehl, would make information provided by major water users on their registration form with the state confidential.

The bill would allow the state Department of Natural Resources to release how many major water users there are in each county and how much water is collectively used by all of a county’s major water users.

Major water users, as defined by the state, have the ability to use more than 100,000 gallons of water a day — the kind of amounts only large industrial entities are capable of using, like farms and agricultural enterprises.

Statewide there are nearly 90,000 farms, mostly family-owned, according to the Missouri Department of Agriculture.

“The thing we’re looking to do here is protect the identities of the farmers that are using this to not be, then, an open record,” said Rep. Kurtis Gregory, a Republican from Marshall, who chaired the committee meeting on Tuesday.

Lawmakers hope to block Missouri water from being exported to other states

Those who have testified against the bill in previous committee hearings said they fear that major water users are preparing to export water across state lines, and that Diehl’s bill would allow them to operate in secrecy if they do.

Proponents of the bill have previously said that there is no penalty if water users don’t report their water use to the state. If the water users knew information about who they are and how they’re using water would be confidential, they wouldn’t be as hesitant to report their water use to the government, proponents have said.

Representatives from the Missouri Farm Bureau, the Missouri Soybean Association and the Missouri Cattlemen’s Association have also previously testified in support of the bill.

This story originally appeared in the Columbia Missourian. It can be republished in print or online. 

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Fertilizer killed more than 750,000 fish in Iowa and Missouri https://missouriindependent.com/2024/03/28/fertilizer-killed-more-than-750000-fish-iowa-missouri/ Thu, 28 Mar 2024 13:39:19 +0000 https://missouriindependent.com/?post_type=briefs&p=19540

NEW Cooperative in Red Oak, Iowa, spilled about 265,000 gallons of liquid nitrogen fertilizer (Photo courtesy of Iowa DNR).

A fertilizer spill this month in southwest Iowa killed nearly all the fish in a 60-mile stretch of river with an estimated death toll of more than 750,000, according to Iowa and Missouri conservation officers.

That is the biggest fish kill in Iowa in at least a decade and the fifth-largest on record, according to state data.

And it could have been worse: Fish populations were likely smaller than normal when the spill happened because of cold water temperatures and low river flows.

“Thank goodness, in a way, it happened when it did,” said Joe Larscheid, chief of the Iowa Department of Natural Resources’ fisheries bureau. “But this is a big one. It’s a lot of river miles that have been impacted.”

The spill originated at NEW Cooperative in Red Oak, Iowa, where a valve that either malfunctioned or was not properly closed leaked about 265,000 gallons of liquid nitrogen fertilizer, most of which went into the nearby East Nishnabotna River.

The leak happened on a weekend from March 9 to 11 in an area where the fertilizer is distributed to customers of the farmers’ co-op. That area is not required by state rules to have barriers that would prevent a leak from reaching the river.

The result was a widespread annihilation of aquatic life.

An Iowa DNR investigation found dead or dying fish for 50 miles of river — beyond where the East and West Nishnabotnas meet — all the way to the Missouri border. There were also numerous dead frogs, snakes, mussels and earthworms. Iowa will return in late spring to note whether the fertilizer killed turtles that had buried themselves in the river bottom for winter. Their bloated carcasses will float to the river surface.

Todd Meyer, of Shenandoah, Iowa, planned to fish the East Nishnabotna not long after hearing about the spill. River contaminations have happened in the area but have never impeded his boating trips on the east or west segments of the river.

For example: About a week after the fertilizer spill, gasoline overflowed from an underground tank at an Atlantic, Iowa, convenience store, and some of it went into the East Nishnabotna. That did not result in an apparent fish kill, the DNR said.

But after the fertilizer spill, “the whole river was full of dead fish,” Meyer recalled. “It was just nuts.”

Meyer used a drone to survey the dead fish in the East Nishnabotna River a few days after the spill.

Missouri finds ‘near total fish kill’

The carnage continued into Missouri, where the unified Nishnabotna River flows for about 10 miles before it meets the Missouri River.

Matt Combes, a science unit supervisor for the Missouri Department of Conservation, said there was “a near total fish kill” in that state.

“I can’t even think of another instance where a fish kill occurred out of state and moved into our state,” he said.

The department surveyed one bank of the river for about two miles and counted nearly 4,000 dead fish. It will use that sample to estimate the total number of fish that were killed, Combes said, which will likely be in the tens of thousands.

The department is continuing to monitor the Missouri and Nishnabotna rivers for additional effects from the contamination. It’s possible NEW Cooperative will face sanctions in both states.

The size of the fish kill in Iowa was estimated to be about 749,000, said Chris Larson, a fisheries supervisor for the Iowa DNR. Small fish such as minnows and chubs account for the vast majority of those fish, but among them were also about 7,700 channel catfish that anglers target.

Those who are responsible for fish kills typically pay restitution to the state based on the number and types of fish that die. Larson said a total restitution amount has not yet been solidified, but that the estimated value of the small fish is about $85,000. The value of the catfish would be about $115,000.

Those two figures combined would be the largest valuation for a documented Iowa fish kill, according to DNR data.

Others that have caused recent fish kills have typically paid fish restitutions and a fines of up to $10,000 — the maximum the DNR can order administratively. The department has the option to seek higher penalties in district court.

This story was originally published by the Iowa Capital Dispatch, a States Newsroom affiliate. 

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As feds stand down, states choose between wetlands protections or rollbacks https://missouriindependent.com/2024/03/26/as-feds-stand-down-states-choose-between-wetlands-protections-or-rollbacks/ https://missouriindependent.com/2024/03/26/as-feds-stand-down-states-choose-between-wetlands-protections-or-rollbacks/#respond Tue, 26 Mar 2024 16:39:24 +0000 https://missouriindependent.com/?p=19505

A U.S. Supreme Court ruling last year stripped federal protection from millions of acres of wetlands that had been covered under the Clean Water Act — leaving their fate up to the states (Rob Levine/Minnesota Reformer).

For 200 miles, the Wabash River forms the border between Illinois and Indiana as it meanders south to the Ohio River.

On the Illinois side, lawmakers are scrambling to pass a bill that would protect wetlands from development and pollution, in order to safeguard water quality and limit flooding. But in Indiana, state policymakers hastily passed a law earlier this year to roll back wetlands regulations, at the urging of developers and farm groups who said such rules were overly burdensome.

That means the water that flows into the Wabash River from the west may soon be governed by very different standards than its watershed on the eastern side.

The divide is the result of a U.S. Supreme Court ruling last year that stripped federal protection from millions of acres of wetlands that had been covered under the Clean Water Act — leaving their fate up to the states.

“It creates a checkered landscape in terms of water quality,” said Marla Stelk, executive director of the National Association of Wetland Managers, a nonprofit group that represents state and tribal regulators. “Even if your state is doing all the right things, you could be downstream of a state that doesn’t have wetlands protections.”

In the first full legislative sessions since the ruling came down, lawmakers in some blue states, including Illinois, Colorado, New Mexico and Washington, have been drafting state protections or have increased state funding to replace the loss of federal oversight. Some red states, including Indiana, Missouri, North Carolina and Tennessee, have passed or considered measures to roll back safeguards that are no longer mandated by the feds.

The lobbying from environmental groups on one side and developers and farm groups on the other has sent states moving in opposite directions during the 2024 legislative session.

A ‘fallback plan’

The Supreme Court ruling in the Sackett v. Environmental Protection Agency case last year stripped Clean Water Act protections from wetlands that do not share a surface connection with a larger body of water, leaving out many waters that connect through underground channels. The decision leaves more than half of the nation’s 118 million acres of wetlands without federal oversight. In 24 states, no state-level regulations cover those waters, according to the Environmental Law Institute, a nonprofit research group.

“Illinois did not have a fallback plan,” said state Sen. Laura Ellman, a Democrat who is sponsoring the bill to protect wetlands under state law. “We’re cobbling one together right now. The intent is to restore what we had in place before.”

Democratic state Rep. Anna Moeller, the measure’s House sponsor, noted that Illinois has lost 90% of its wetlands since the early 1800s.

“Wetlands are important in improving water quality for drinking water because they filter contaminants,” she said. “They’re good for preventing flooding because they act as a natural sponge. They’re good for native species.”

Ellman and Moeller said bill supporters are working with state regulators to make some minor technical changes before it advances. Paul Botts, executive director of the Wetlands Initiative, a Chicago-based nonprofit, said environmental advocates and regulatory officials have concerns about funding for the program, which lawmakers hope will be largely covered by fees on permit applicants.

Backers don’t yet have a price tag for how much the permitting program would cost, and regulators in other states have found it difficult to cover their funding needs through fees alone.

But “the overall concept of Illinois stepping up where the feds have stepped back does seem to be resonating,” Botts said. “There’s plenty more sausage-making to come, because Illinois has not even had the bones of such a program. We’re really starting from scratch here.”

Unlike Illinois, neighboring Indiana did have state wetlands rules prior to the Sackett decision. But lawmakers moved quickly this year to shift some wetlands into classifications that have fewer protections.

“You have a ditch that’s backing up water and all of a sudden we’re calling this a wetland,” said Republican state Sen. Rick Niemeyer, the bill’s sponsor. “Our developers were having trouble with the definitions. Agriculture was getting hit with this.”

In Indiana, Illinois and many other states, local homebuilders’ groups have been among the leading voices to curtail wetlands regulation. Rick Wajda, CEO of the Indiana Builders Association, echoed Niemeyer’s assertion that the law will reduce protections only for “low-quality wetlands.”

“We look at any regulation to see if there’s ways we can bring more houses to the market,” he said. “If we allow a property to be used to its fullest intent, then maybe we can get more houses into the market and start to soften the housing shortage.”

But many environmental advocates in Indiana say the new law’s supporters are understating its effects. They argue that Republicans rushed the measure through the legislative process in just over a month to avoid public scrutiny.

“The more oxygen it got, the more Hoosiers would have spoken out against it,” said Democratic state Sen. Shelli Yoder. “If you look across Indiana and see the increases in flooding, the increases in drought, the presence of the worst kind of PFAS [chemicals], it’s hard to shrug off and say it’s just a mud puddle.”

Yoder said developers have told her that building on wetlands is an expensive task, even with no regulations in place, undermining claims that regulatory rollbacks will lead to affordable housing.

Writing new rules

Like Illinois, several other Democratic-led states have passed or considered bills to create wetlands protections or increase funding to state regulatory agencies to compensate for the loss of federal support.

In Colorado, state legislative leaders are expected to introduce a bill in the coming days that would establish state-level protections for the wetlands that lost coverage following the Sackett decision. Supporters say Colorado and other states with arid regions are especially vulnerable, because the Supreme Court ruling also cut protections for “ephemeral” streams that don’t flow year-round.

“We really only have one shot to get this right,” said Josh Kuhn, water campaign manager with Conservation Colorado, a Denver-based nonprofit. “Once these wetlands are destroyed, they’re basically gone forever. If we don’t have a strong program, we could see increased costs associated with water treatment, with the impacts of flooding, with the threat of wildfire.”

In New Mexico, state regulators already had been working to establish a permitting program that covers wetlands. State leaders say the court ruling increased the urgency to put state oversight in place.

“It got our legislature’s attention, hence the reason they were anxious to fund this,” said John Rhoderick, director of the Water Protection Division within the state Environment Department. “It’s easier to prevent contamination or degradation of your water than it is to have to clean it up after it happens.”

In the budget passed by state lawmakers earlier this year, Rhoderick’s agency received $7 million to help establish the program. The funding will allow the agency to hire enforcement staff, improve its mapping of state waters and establish a permitting database. Agency officials expect to publish draft rules this fall, with regulations officially in place by 2027. Once fully established, the program will require 35 to 50 dedicated staffers.

“The department has been short-staffed for a number of years,” said Doug Meiklejohn, water quality and land restoration advocate with Conservation Voters New Mexico. “This is critical. We’re pushing for development of a surface water permitting program, and that’s going to involve hiring people with expertise to put together regulations and standards where they’re needed.”

Lawmakers in Washington state also provided a funding boost for agency regulators. The state’s Department of Ecology already has well-established wetlands standards, but it’s expecting an influx of permit applications for waters that were once covered by federal agencies. With an extra $2 million, agency leaders say they’ll be able to add more staffers to ensure permits are processed on time.

“This will really help,” said Lauren Driscoll, manager of the wetlands program with the Washington State Department of Ecology. “We’re focused on getting things in place so we don’t have any delays.”

States step back

Indiana’s move to cut wetlands standards followed North Carolina’s rollback of state laws soon after the Sackett decision.

“We generally don’t regulate more stringently than the federal government,” Ray Starling, president of the NC Chamber Legal Institute, the legal strategy arm of the business advocacy group, told Stateline at the time.

While Republican lawmakers overrode the veto of Democratic Gov. Roy Cooper, the governor issued an executive order in February directing state agencies to conserve 1 million acres of natural lands, with an emphasis on wetlands. The order directed state leaders to avoid projects that would harm vulnerable wetlands, while also instructing state agencies to pursue more federal funding for wetlands restoration.

“It’s unfortunate that the state legislature tried to lock in the damage done by Sackett, but there are still things that can be done in places where a governor is more interested in environmental protection than polluter profits,” said Julian Gonzalez, senior legislative counsel for policy and legislation at Earthjustice, an environmental law group.

Meanwhile, a bill in Tennessee to eliminate state wetlands standards did not advance out of committee, following strong pushback from state regulators and environmental groups. Backers of the bill said environmental officials have made it too costly to farm or develops lands that have wet areas. The proposal was sent to a legislative summer study session.

The measure “has real consequences that would negatively impact Tennessee’s natural heritage and our environmental resiliency,” Grace Stranch, CEO of the Harpeth Conservancy, told the Tennessee Lookout.

Missouri lawmakers are considering a bill that would narrow state protections. In an analysis of the bill, the state’s Department of Natural Resources said the measure’s fiscal impact was incalculable, as the lowered standards could threaten the aquifers that provide drinking water to 59% of Missouri residents.

Agriculture groups have supported the bill, the Missouri Independent reported, saying current regulations apply to areas that would be better characterized as ditches.

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and Twitter.

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Compensation for St. Louis victims of radioactive waste left out of federal budget bill https://missouriindependent.com/2024/03/21/compensation-for-st-louis-victims-of-radioactive-waste-left-out-of-federal-budget-bill/ https://missouriindependent.com/2024/03/21/compensation-for-st-louis-victims-of-radioactive-waste-left-out-of-federal-budget-bill/#respond Thu, 21 Mar 2024 21:12:56 +0000 https://missouriindependent.com/?p=19449

Karen Nickel, left, and Dawn Chapman flip through binders full of government documents about St. Louis County sites contaminated by nuclear waste left over from World War II. Nickel and Chapman founded Just Moms STL to advocate for the community to federal environmental and energy officials (Theo Welling/Riverfront Times).

Legislation that would compensate victims of radioactive waste and U.S. nuclear bomb tests faces an uncertain future after it was left out of a federal appropriations bill Thursday, outraging members of Missouri’s Congressional delegation. 

But advocates for St. Louis-area residents exposed to World War II-era radioactive waste remain “extremely hopeful” as compensation remains closer than ever to passage.

“We feel like we’re going to get RECA, guys,” Dawn Chapman, co-founder of Just Moms STL, said in a live video on Facebook. “…I’m not going to just take it for granted and stop pushing. We’re going to push even harder. It’s just unfortunate how hard we have to fight up to the bitter end.”

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Members of Missouri’s Congressional delegation, however, were irate that the legislation won’t be considered as part of the budget process and demanded the House take action quickly.

“This is an insult to our communities who continue to be harmed by the radioactive waste dumped and left for decades by the federal government,” U.S. Rep. Cori Bush, a Democrat representing St. Louis and north St. Louis County, said in a statement.

U.S. Rep. Ann Wagner, a Republican representing St. Louis suburbs and parts of adjacent counties, said in a statement that she was “extremely disappointed” in House and Senate leaders for not including the legislation in the budget bill released Thursday. 

The legislation — an expansion of the Radiation Exposure Compensation Act — has twice passed the U.S. Senate but has yet to be taken up by the House of Representatives.

Records reveal 75 years of government downplaying, ignoring risks of St. Louis radioactive waste

Expanding the Radiation Exposure Compensation Act would extend coverage to current and former Missouri residents who were exposed to radioactive waste left over from the Manhattan Project, the name given to the effort to develop the world’s first atomic bomb.

The St. Louis metro has struggled for decades with a radioactive waste problem. Material from uranium-refining efforts were trucked from downtown to surrounding counties after World War II where it polluted Coldwater Creek and a quarry and groundwater in Weldon Spring. Remaining waste was dumped at the West Lake Landfill in Bridgeton, where it still remains.

Generations of St. Louis-area families lived in homes surrounded by radioactive waste without warning from the federal government. An investigation this summer by The Missouri Independent, MuckRock and the Associated Press found the government and companies that handled the waste knew of the dangerous contamination decades before they informed the public.

“The federal government wronged our communities — and they now have an obligation to make it right,” Bush said. 

RECA was first passed in the 1990s and covered some western states where residents — or “downwinders” — were exposed to radiation from atomic bomb tests during World War II. But several states, including New Mexico, where the first bombs were tested, were left out. The existing program is also set to expire this summer. 

Right now, downwinders are covered in parts of Nevada, Utah and Arizona. The expansion would reauthorize the program in those areas and expand coverage to the rest of those states. It would offer coverage for the first time to downwinders in Colorado, Idaho, Montana, New Mexico and Guam and individuals exposed to radioactive waste in Missouri, Tennessee, Alaska and Kentucky.

Advocates for RECA’s expansion had hoped it would be included in budget legislation Congress must pass by Friday night to avoid a partial government shutdown. But the language wasn’t in the bill unveiled Thursday morning. 

Wagner in a speech on the House floor called on House Speaker Mike Johnson, a Republican from Louisiana, to bring the bill up for a vote. 

“These innocent victims of the U.S. nuclear weapons program are relying on Congress for restitution,” Wagner said. “I am outraged.” 

Bush also spoke on the House floor, saying it was “past time that this body gets its priorities straight.”

“To this day, many of my constituents are sick and dying because of their exposure (to nuclear waste),” Bush said. “World War II is still killing people in my district.”

GET THE MORNING HEADLINES.

In a statement released to St. Louis Public Radio, Johnson praised Wagner, calling her a “relentless fighter for over a decade on nuclear waste issues” and said he looked forward to working with her “as we chart a path together for the House to move forward with evaluating and acting on a reauthorization measure.

U.S. Sen. Josh Hawley, a Missouri Republican who has championed expanding RECA and twice guided it through the Senate, called that a “total failure” in a social media post.

“Politicians have talked like this for decades,” Hawley said of Johnson’s statement. “While doing nothing. The time to talk is over. The time to ACT is now.”

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Droughts, complicated by climate change, result in US beef herd hitting historic low https://missouriindependent.com/2024/03/19/droughts-complicated-by-climate-change-result-in-us-beef-herd-hitting-historic-low/ https://missouriindependent.com/2024/03/19/droughts-complicated-by-climate-change-result-in-us-beef-herd-hitting-historic-low/#respond Tue, 19 Mar 2024 15:28:00 +0000 https://missouriindependent.com/?p=19414

Investigate Midwest analyzed 27 years of USDA pastureland data for the nation’s top 10 beef producing states to understand how pastureland conditions have changed over time (USDA photo by Preston Keres)

Thirty years ago, the weather on Annie Doerr’s family ranch felt reliable. Now that she’s taken over from her parents, it’s been anything but. In recent years, drought has made finding good pastureland for beef cattle to graze increasingly difficult.

“I always pray for a normal year,” she said, “which I don’t really know what that looks like anymore.”

Drought has affected operations at her 500-head beef cattle farm in Creighton, Nebraska, less than an hour from the South Dakota border.

In any given year, the nation experiences dry periods without rainfall. Livestock producers mitigate the effects by providing additional water sources directly to animals or crops, such as water lines to livestock or irrigation for crops. Droughts occur when dry conditions last longer than usual and water isn’t replenished to crops, groundwater, lakes or other bodies of water, resulting in water-supply problems, according to the United States Geological Survey.

During droughts, Doerr said she weans her calves off milk earlier than usual, a common practice in dry years, but one that can also put young cattle at higher risk of dying. She also slows the growth of her herd, and spends more money on sourcing feed for cattle.

This same scenario has played out again and again across the nation’s major cattle-producing states.

HOW WE ANALYZED THE DATA

Investigate Midwest analyzed 27 years of USDA pastureland data for the nation’s top 10 beef producing states to understand how pastureland conditions have changed over time. In conversations with ranchers, the month of June was cited as a good measure of when adequate pastureland for grazing is necessary.

By averaging June poor and very poor pastureland conditions as defined by the USDA separately, Investigate Midwest then summed these conditions to provide a snapshot of June substandard grazing conditions for the past 27 years.

The size of the overall U.S. beef cattle herd has continued to decline since 1975, a trend largely attributed to an increase in global beef production and cattle imports. But at the beginning of 2024, the nation’s inventory of beef cattle hit a 61-year low, according to data from the U.S. Department of Agriculture.

In the nation’s top 10 beef-producing states — responsible for nearly 60% of the country’s beef production — half reported the lowest number of cattle since 1995 as of the beginning of this year, according to an Investigate Midwest analysis of the USDA’s data.

Droughts starting in 2020 are a contributing factor in the nation’s historically low beef inventory, according to USDA research. Nebraska and Missouri — two of the top 10 beef-producing states — experienced the largest decline in the quality of June pastureland since 2020 compared to the other top states, according to an Investigate Midwest analysis of USDA data.

Finding land with plentiful grazing for cattle is difficult in drought years. An analysis of USDA pastureland data shows that grazable Nebraska pastureland shrunk by a third since 2019 during the month of June.

Climate change has made dealing with droughts more complicated.

Current research shows climate change has caused more frequent large rainfall events coupled with months of zero precipitation. This volatility has made relying on typical weather patterns and grazing conditions difficult for the nation’s beef producers.

Doerr said a successful cattle operation comes down to having enough feed. Drought can ruin the available pasture to graze in summer as well as the harvested hay animals eat in the winter, leading some producers to cull their herds — or “get rid of mouths” — she said.

When a drought hits livestock producers, the ripple effect can last for years. Ranchers, like industry experts, also attribute recent drought years to the nation’s historic low for beef cattle.

And fewer beef cattle equals a reduced supply available to meat processing companies nationwide. The declining inventory has been linked to rising retail prices for beef products, according to market reports from the American Farm Bureau.

Currently, cattle market experts report that the price paid by meatpackers to beef cattle ranchers is expected to be an all-time high. Food industry experts told various media outlets in late 2023 that this price increase would translate into sticker shock for consumers.

The average retail price per pound of ground beef in January of this year was $5.03, a 5% increase compared to the same time in 2023, according to the U.S. Bureau of Labor Statistics. At the end of last year, the price of beef per pound peaked at $5.35, a 40-year high.

Dealing with drought

Dennis Todey, climatologist and director of the USDA’s Midwest Climate Hub, said drought affects agriculture differently across the country. In the Midwest, much of agricultural production is fed by rain and groundwater.

Climate change has complicated the region’s drought realities, Todey said. In recent years, the Midwest has seen significant rainfall and floods, then goes months without any precipitation, causing drought.

“You can have more overall rainfall, yet still have more drought,” Todey said.

Livestock producers now deal with weather whiplash — the result of climate change —  of severely wet years, followed by intense, dry seasons.

The top beef cattle-producing states, in particular, have seen varying degrees of drought conditions during the last few years.

In 2021, for example, 30% of Nebraska was in various levels of drought in early June, when many ranchers require a good supply of pastureland for grazing. The next year, almost the entire state was in a drought during early June, according to the U.S. Drought Monitor.

In another example, none of Missouri was in a drought during early June 2022. During that same period of 2023, 86% of the state was in a drought, according to the drought monitor.

When droughts persist year over year, livestock production can take a major hit. Grasslands don’t have time to recover to sustainable levels. When rain doesn’t fall, ranchers are left with tough choices.

In some cases, ranchers transport water or alternative feed like corn to cattle, which then can increase production costs. Sometimes, the more financially sound decision is to cull animals instead.

When the grass doesn’t grow

In recent years, Nebraska pastureland has provided little to no feed for livestock during the month of June, according to USDA data.

Poor and very poor crop conditions result in almost total crop failure, according to the agency, and require producers to feed livestock supplemental food. In 2023, more than a third of all Nebraska pastureland was, at minimum, in poor condition throughout the month of June — the highest level for the state in 10 years, according to an Investigate Midwest analysis of USDA pastureland data.

In Missouri during the same time period, half of the state’s pastureland was at least in poor condition, which was the highest percentage seen in June in nearly 30 years.

Eric Bailey is an assistant professor and state beef nutrition specialist at the University of Missouri. He said that in a normal year, a rancher will lose around 20% of their herd, due to aging cattle, health issues, pregnancy failures, or natural death.

When drought conditions are worse than normal, producers kill off more animals due to increased costs for alternative feed and transporting water, leading to greater decreases in the herd’s original size. For the years of 2022 and 2023, the rate of beef cattle culled on farms was the second and third highest, respectively, since 2011, according to a February USDA report.

“(Cattle ranchers) should be expanding right now, but because we’ve been dry, people have been reluctant to keep heifers on the farm,” Bailey said.

The past few years of drought means there is a pent-up demand to expand cattle herd sizes, Bailey said.

“People were itching to expand in fall of 2022, and we were dry. Then the price of cattle increased dramatically in 2023,” he said. “We’ve just got to have growing conditions that people feel good about.”

An easing drought?

Snow storms in the Midwest at the beginning of 2024 are expected to bring relief from the recent run of drought years. As the snow melts, water will be restored to rivers, streams and groundwater systems in desperate need of replenishment.

Despite forecasts of reduced drought levels for 2024, ranchers will continue to recover from previous drought years.

Nebraska rancher Mackenzie Johnston runs a 450-head cattle ranch with her family in the Sandhills region of central Nebraska.

Last year was the first time she had to truck in hay from more than 500 miles away in Des Moines, Iowa, because of the substandard quality of grasses near her. She said this additional cost would have been too steep if not for the Livestock Forage Disaster Program, a federal initiative that provides financial help to agriculture producers during droughts.

During other drought years, Johnston said she would typically buy hay from South Dakota if Nebraska grass was in too poor condition.

Johnston said 2022 was “so darn dry” and the ranch’s hay production was minimal. When the operation had levels of grass too low for grazing, cattle became more expensive to raise. She said any cow that gave birth to sick calves or had an overall lower reproductive rate was sent to slaughter — or in her words, “went to town.”

Johnston said their operation has survived through the years because they focus on being conservative with the hay they feed their cattle. If there’s any grass on the ground, her cattle aren’t being “pampered” and are wrangled to graze outside, rain or shine.

Nebraska meteorologists expect this year to have more precipitation compared to last year. However, climate experts in the state warned state officials in 2023 that there needs to be better drought preparedness in the coming years to prevent future impacts to agriculture.

At the end of January, Johnston said there was nearly a foot of snow on the ground, followed soon after by acres of melt and muck.

“We have mud up to our knees, so even thinking about it being dry is just crazy,” she said.

This article first appeared on Investigate Midwest and is republished here under a Creative Commons license.

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New scorecard rates nation’s grid managers on connecting renewables https://missouriindependent.com/2024/03/19/new-scorecard-rates-nations-grid-managers-on-connecting-renewables/ https://missouriindependent.com/2024/03/19/new-scorecard-rates-nations-grid-managers-on-connecting-renewables/#respond Tue, 19 Mar 2024 11:45:24 +0000 https://missouriindependent.com/?p=19411

A trade group representing clean energy businesses is grading how well seven regional transmission organizations are doing at getting new projects approved to connect to their grids (Robert Zullo/States Newsroom).

Across the country, electric demand is growing and could explode if green goals like electrifying home heating, industry and transportation come to fruition. At the same time, many states, utilities and businesses have pledged to decarbonize, helping push older coal and gas power plants that have struggled to stay economically competitive into retirement.

Yet in the queues run by the organizations that manage the electric grid in much of the nation, more than two million megawatts of potential new power sources, chiefly solar, wind and batteries, are languishing awaiting interconnection studies.

That dynamic prompted Advanced Energy United, a trade group representing clean energy businesses, to publish a first-of-its-kind scorecard grading how well the seven regional transmission organizations, which coordinate the flow of electricity for roughly two thirds of American electric customers, are doing at getting new projects approved to connect to their grids.

The short answer? Not so great. But some regions have been better than others, according to Caitlin Marquis, managing director at AEU. Both the Electric Reliability Council of Texas and the California Independent System Operator, organizations that manage the grid in most of their respective states, got Bs. The other five organizations got grades of C-  or lower.

“Grid managers have moved too slowly to adapt to changing market conditions, allowing the process of connecting new electricity to the transmission grid to become dysfunctional,” she said in a statement. “Without urgent improvement, the U.S. grid may struggle to keep up with growing energy demands, threatening our ability to keep the lights on and reach our climate goals.”

Grid operators push back on ratings

In many regions, interconnection – the usually multi-year process to connect new power generators to the transmission system, including studies of any upgrades needed to ensure reliability – has been a well-known problem for years.

Last summer, the Federal Energy Regulatory Commission issued new rules intended to help clear the backlogs. And indeed, some grid operators questioned the point of the scorecard, which uses data that in some cases is several years old. They said the problems have long been acknowledged and that they’ve been working to overhaul their interconnection processes.

“The report is an assessment of conditions and practices that no longer exist,” said Jeff Shields, a spokesperson for PJM, the nation’s largest grid operator with a service area that includes 65 million people. “PJM and its stakeholders acknowledged those issues over three years ago and reformed our interconnection process.” PJM got a D- on the scorecard.

Mary Cate Colapietro, a spokesperson for ISO New England, which got a D+ from AEU, also questioned the merits of the exercise.

“It is not clear what the value of such a report is given that ISO New England and other regional system operators are in the process of developing significant changes to the interconnection process,” she said.

Both PJM and MISO, the grid operator for a large swathe of the central U.S., pointed out in their responses that thousands of megawatts’ worth of new energy projects have made it through their queues but haven’t been built because of financing, siting and supply chain problems.

“This is the challenge we need to confront as an industry rather than looking back on problems that have been largely addressed,” Shields said.

Brandon Morris, a MISO spokesperson, said more than 50 GW of new generation facilities have  been approved by MISO, “but many are not going into service on schedule due to supply chain issues and permitting delays that are beyond MISO’s control.”

Nonetheless, AEU says the report is an important baseline that will help gauge how well the grid operators implement the fixes federal regulators have mandated.

“This report reflects the challenges that project developers and engineers are dealing with not just a few years ago, but right now,” Marquis told States Newsroom. “While reforms are being planned, and in some cases implemented, they don’t address all the concerns outlined in the report, and they aren’t yet fully in effect. One thing the report demonstrates is that even when procedures work on paper, they don’t always work so well in practice.”

Rob Gramlich, an electric grid expert and president of Grid Strategies, a consulting firm that helped prepare the scorecard, pointed out that the 12 interviews conducted with generation developers and engineering firms are all people who are going through the interconnection process now. The grades were determined by considering six factors, two of which were customer perspectives on timeline and costs. The others are speed and certainty, number of interconnection agreements signed, average costs and cost certainty.

“We would expect all of them to improve somewhat if we did it in a year or two,” Gramlich said. “We were just looking at a snapshot today.”

Southwest Power Pool

Southwest Power Pool, the regional transmission organization for an area that covers more than half a million square miles and includes about 18 million people in 14 member states, has processed new interconnection applications “very slowly,” the report found, noting that it takes between two and four years to move through the queue.

“This is considerably longer than SPP’s official timeline, which estimates the process should take less than a year and a half,” the scorecard notes. “Today’s backlog is five years and growing, with interconnection agreements in 2018-2020 coming to a virtual standstill.”

SPP got a C- grade, also as a result of what the scorecard described as a transmission planning process that “lacks a focus on creating opportunities for new generators.”

“A positive note is that schedule estimates provided by SPP are relatively accurate, perhaps due to the adoption of automation,” AEU wrote. “Unfortunately, this schedule consistency is undermined by the quality of the studies. Several interconnection customers noted that they have received study results with significant errors, and that SPP provides slow responses to inquiries about those errors.”

In a statement, David Kelley, SPP’s vice president of engineering, said planning and running the electric grid have become increasingly complicated as the power generation fleet becomes more weather dependent and demand becomes less predictable.

“Recognizing the critical role that generator interconnection plays in electric reliability and resource adequacy, and to address a backlog of interconnection study requests, SPP created a FERC-approved generator interconnection backlog mitigation plan to reduce study timelines,” he said, adding that SPP has made “significant progress” in reducing its backlog.

Last year, the organization exceeded its annual record by over 250%, with 93 interconnection agreements signed totalling 17 gigawatts.

“We’re on track to clear our backlog by the end of 2024, and we have continued to identify opportunities for efficiency in expediting the generator interconnection queue study process,” Kelley said.

PJM

The nation’s largest grid operator, PJM’s service area includes 65 million people in all or parts of 13 states and the District of Columbia. It has long been the poster-child for interconnection queue reform, according to critics, and it got the worst grade from AEU, a D-.

“The most frustrated interconnection customers note that PJM’s interconnection study process for new projects has come to a full stop, with the hope that projects from 2019 may complete the process six years later in 2025,” the report says. “One interconnection customer has ceased developing projects in PJM, and other interconnection customers are uncertain whether their projects are getting studied or not.”

It added that some customers report that the organization has “no regard for reasonableness and decorum when it comes to communicating deadlines.”

Shields, the PJM spokesperson, said the grid operator implemented new rules last year that are speeding up processing, specifically moving from a first-come, first-served process to a “first-ready, first-served” approach. By mid-2025, PJM expects to process about 72,000 MW in projects and 230,000 MW over the next three years, Shields said. Nearly all of those are  renewable or storage.

“That is real progress,” he said. “PJM realizes that further reforms will likely be needed to meet the needs of the energy transition, and we will consider additional potential interconnection policy reforms with PJM members.”

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Massive amount of crop fertilizer spills into SW Iowa river https://missouriindependent.com/2024/03/14/massive-amount-of-crop-fertilizer-spills-into-sw-iowa-river/ https://missouriindependent.com/2024/03/14/massive-amount-of-crop-fertilizer-spills-into-sw-iowa-river/#respond Thu, 14 Mar 2024 14:43:37 +0000 https://missouriindependent.com/?p=19348

NEW Cooperative in Red Oak, Iowa, spilled about 265,000 gallons of liquid nitrogen fertilizer (Photo courtesy of Iowa DNR).

An estimated 265,000 gallons of liquid nitrogen fertilizer leaked from a farmers cooperative in Red Oak, Iowa, early this week, and most of it went into the East Nishnabotna River, according to the Iowa Department of Natural Resources.

An investigation into the extent of the environmental damage is pending, but the crop fertilizer killed fish and might have affected the river all the way to the Missouri border, which is about 40 miles downstream from the southwest Iowa town, said Wendy Wittrock, a DNR senior environmental specialist who investigated the incident.

Wittrock said it is likely the largest fertilizer spill she has investigated: “It is a lot of fertilizer.”

The spill was reported Monday morning by NEW Cooperative after one of its employees noticed the leak and stopped it.

The cause of the spill is under investigation, but the fertilizer leaked from a valve in an area where it is transferred from a very large tank into smaller tanks for distribution. The large tank — which holds about 500,000 gallons — is in a containment area that can prevent wider spills, but the transfer area does not have the same protection, Wittrock said. It’s unclear how long the valve was leaking.

“Upon discovery of the spill, management immediately initiated containment protocols as per our established safety procedures,” NEW Cooperative said in a prepared statement on Wednesday. “We promptly notified the appropriate local authorities and regulatory agencies and have been working diligently in close cooperation with them ever since.”

A spokesperson for the Fort Dodge-based cooperative declined to comment further. That amount of fertilizer is worth hundreds of thousands of dollars.

The cooperative lies just east of the river on the north side of Red Oak. The fertilizer flowed into a drainage ditch and then into the river. Its effect on the river was exacerbated by low river flow, Wittrock said. Higher flows can help dilute the contamination.

The East Nishnabotna is flowing at about 7% of normal at Red Oak, according to the U.S. Geological Survey. The area upstream from it has severe drought, according to the U.S. Drought Monitor.

The DNR’s on-site investigation into the fish kill that has resulted from the spill was expected to conclude Wednesday, said John Lorenzen, a fisheries biologist for the department. He declined to reveal its early findings but noted the large amount of fertilizer that went into the river.

“Obviously, that’s not good,” he said.

The DNR alerted towns downstream from Red Oak about the potential effect the spill might have on drinking water, although none of the towns draw water directly from the river. Several of them have relatively shallow wells near the river, according to DNR records.

Missouri state officials are also investigating the impacts the spill might have on the Nishnabotna River, which goes for about 10 miles in that state before joining the Missouri River.

Kansas City draws drinking water directly from the river, but the Missouri River is large and the city is more than 100 miles downstream.

“We think it’ll be fairly diluted by the time it gets down here,” said Karen Rouse, a regional director for the Missouri Department of Natural Resources.

This story was originally published by the Iowa Capital Dispatch, a States Newsroom affiliate. 

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Missouri lawmakers push tax break to expand Kansas City nuclear weapons facility https://missouriindependent.com/2024/03/14/missouri-lawmakers-push-tax-break-to-expand-kansas-city-nuclear-weapons-facility/ https://missouriindependent.com/2024/03/14/missouri-lawmakers-push-tax-break-to-expand-kansas-city-nuclear-weapons-facility/#respond Thu, 14 Mar 2024 14:00:26 +0000 https://missouriindependent.com/?p=19329

The National Nuclear Safety Administration plans to expand its Kansas City facility, which develops and manufactures the non-nuclear components of nuclear weapons. Missouri lawmakers are hoping to approve a sales tax exemption on construction materials for the private developer building the expansion (Allison Kite/Missouri Independent).

Kansas City-area lawmakers want to give a sales tax break to developers expected to expand a federal facility that builds non-nuclear components to “modernize and refurbish” the nation’s nuclear stockpile. 

A bipartisan group of Missouri lawmakers from the metro are promoting legislation to offer a sales tax exemption on materials needed to expand the National Nuclear Security Administration’s existing campus in south Kansas City, which is operated by Honeywell International Inc.

Democratic Sen. Greg Razer told a Missouri Senate committee that the agency, part of the U.S. Department of Energy, plans to add 2.5 million square feet of new facilities and hire thousands of new employees. 

Rather than building the expansion itself, Razer said, the federal government will acquire the facilities from a private developer who can build them more quickly. He called it a “smart plan to keep our existing weapons arsenal safe.”

“We need to modernize this to keep them safe to ensure that accidents don’t happen,” Razer said, “and that’s what we will be doing in Kansas City.” 

According to a fiscal analysis on Razer’s bill, the National Nuclear Security Administration plans to spend more than $3 billion on Kansas City facilities. Razer’s bill would divert almost $61 million in state revenue over 10 years, which he said the construction job creation alone would offset. 

The permanent jobs would then bring in additional state revenue. Jackson County, the city of Kansas City and the Kansas City Zoo would see a combined $81 million diverted from their budgets over 10 years.

If the federal government built the facilities, it would be exempt from paying sales tax anyway, Razer said. Exempting the private developer allows it to keep its costs on par with what the federal government’s would be.

State Reps. Chris Brown, a Republican, and Anthony Ealy, a Democrat, are sponsoring the same legislation in the Missouri House.

The representatives’ bills were combined and passed a House committee unanimously. Razer’s bill also cleared its Senate committee unanimously. 

Sen. Greg Razer, D-Kansas City, offers amendments to a bill in the Senate Education and Workforce Development Committee on Jan. 24, 2024 (Annelise Hanshaw/Missouri Independent).

A spokesperson for the National Nuclear Security Agency said in an email that the new facilities would house about 4,000 employees, including existing employers working at other facilities and new hires. Asked how many jobs would be transferred from other facilities and how many new employees would be hired, the spokesperson did not clarify.

The spokesperson said since Honeywell moved to the existing campus in 2014, it experienced “significant growth in workload and personnel to support NNSA’s planned modernization of the nuclear deterrent.” 

Now, it’s pursuing the expansion to “expand manufacturing capacity and office space necessary to sustain continued production growth in support of NNSA’s national security mission.”

Construction is expected to begin this year and continue into the next decade. 

Kevin Breslin and Terry Anderson appeared before committees in the House and Senate to support the legislation on behalf of the developer, Promontory 150 LLC. 

The company, according to Missouri Ethics Commission filings, is located on Main Street in Kansas City, sharing an address with the law firm Watters Wolf Bub Hansmann. Breslin is registered as a lobbyist for Promontory 150 LLC, Botts 150 LLC and Bannister Transformation & Development LLC. 

Botts 150 LLC appears to refer to the project. The National Nuclear Security Administration campus is located on Botts Road. 

Bannister Transformation & Development LLC owns the former Bannister Federal Complex where Honeywell operated before moving to its Botts Road facility more than 10 years ago. 

Anderson, according to a witness form filed with a similar bill in the House, represents Promontory 150 LLC/Platform Ventures. He’s co-founder and co-president of Platform, a real estate investment firm in Kansas City.

Breslin said in the Senate committee hearing that the federal government had already made an initial appropriation to pay for the 15 buildings it plans to add over the next 10 years. 

In the last 10 years, Breslin said, the campus has grown from 3,000 to 8,000 employees. The facility needs to double its capacity to accommodate work anticipated over the next 15 to 20 years to update decades-old systems.

“They need to be refurbished,” he said. “They need to be modernized in order to make sure that they’re safe and protective for our national defense purposes, so this is a critical, vital function that needs to be performed, and they simply need additional infrastructure to accomplish their national defense mission.” 

Breslin told the House committee the facility is “not a weapons production facility,” arguing it instead “supports the technology that secures those weapons.” 

The website for Honeywell’s Kansas City campus says it develops, produces, procures and delivers “over 80% of all nonnuclear components in support of the U.S. nuclear deterrent.” 

Both Razer and Breslin said it would take an additional three to five years for the federal government to hire contractors and build the facility itself than it will for the developer. 

The legislation was backed by economic development and city officials from Kansas City who welcomed the proposed influx of jobs.

During a hearing in the Missouri House Economic Development Committee last week, representatives praised Honeywell as a good “corporate citizen” and lauded the project as wonderful and promising for Kansas City.

Honeywell will run the new facility. The company referred questions to the National Nuclear Security Administration.

Honeywell last month announced it would invest $84 million to expand its aerospace manufacturing facility in Olathe and hire 156 workers. 

Razer’s bill faced opposition from the state’s Sierra Club chapter and the Mid-Missouri Fellowship of Reconciliation, a nonprofit organization that promotes nonviolence. The groups opposed the idea of producing parts for nuclear weapons. 

“This is a long-term investment in, really, the possible annihilation of humankind,” said Jeff Stack, with the fellowship of reconciliation. “We shouldn’t be a party to that.”  

Razer said he would love to live in a world where nuclear weapons don’t exist. 

“However that’s not the world we live in,” Razer said, “and we’re not producing new weapons … We are making sure that our aging weapons are safe.”

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With California’s Prop 12 now law, pork producers adapt while lobbying groups continue to fight https://missouriindependent.com/2024/03/11/with-californias-prop-12-now-law-pork-producers-adapt-while-lobbying-groups-continue-to-fight/ https://missouriindependent.com/2024/03/11/with-californias-prop-12-now-law-pork-producers-adapt-while-lobbying-groups-continue-to-fight/#respond Mon, 11 Mar 2024 10:55:23 +0000 https://missouriindependent.com/?p=19275

Iowa, North Carolina, Illinois, Minnesota and Missouri had the most pigs born in the country from 2013 to 2023, accounting for roughly half of the nation’s pork supply (Scott Olson/Getty Images).

In 2021, two years before California enacted new hog confinement standards for pork to be sold within its borders, Seaboard Foods said it would “no longer sell certain whole pork products” in the state.

Passed in 2018, California’s Farm Animal Confinement Initiative, often referred to as Proposition 12, required pork producers to give sows, or mother pigs, at least 24 square feet of space per animal.

Nearly 5% of Seaboard’s 7 million hogs produced each year are sold in California but the company said the coming Prop 12 standards would significantly decline how much business it would do moving forward in the nation’s most populous state.

But when the new standards went into effect on Jan. 1, 2024, Seaboard was listed as a Prop 12-compliant distributor with the California Department of Food and Agriculture.

David Eaheart

“In our connected food system, our farms raise market hogs born from sows in various housing types based on customer requirements, including … for Prop 12 group housing compliant for California,” David Eaheart, a spokesperson for Seaboard, told Investigate Midwest when asked about the company continuing to sell into California. “Because of this, we can flex between different sow housing requirements to produce pork products based on customer demand.”

Seaboard did not say how its business this year compares to years past. But it’s an example of how many of the nation’s largest pork producers, who once said the new standards would limit or end their business in California, are adapting to the new standards.

Investigate Midwest reviewed financial statements from more than a dozen of the largest pork-producing corporations and California’s new Prop 12 pork distribution lists, along with speaking to several hog farmers to better understand the impact Proposition 12 is having on their industry.

Two months into the new Prop 12 standards, the picture that emerged is one where the nation’s largest pork producers are largely adapting to the new rules in an effort to continue sales in a state that consumes about 15% of the nation’s pork, the highest rate in the nation, according to consumption estimates from the National Pork Producers Council.   

The Biden administration is also concerned that Prop 12 could create a 50-state patchwork of legislation for hog producers.

In 2022, the administration asked the Supreme Court to strike down California’s animal confinement legislation.

At a February Senate Agriculture, Nutrition, and Forestry Committee hearing, U.S. Department of Agriculture Secretary Tom Vilsack said he supported the federal government stepping in to clarify these regulations.

Tom Vilsack

“Farmers don’t need the chaos,” Vilsack said. “They need clarity and certainty.”

While many of America’s largest pork producers and distributors have said they plan to comply with the new law, some have blamed the additional hurdles for recent plant closures and layoffs. More than 230 out-of-state distributors already have been licensed to sell pork in California by the state’s Department of Food and Agriculture, according to the agency’s latest registered distribution list.

Some local hog farmers with compliant pens have found an opportunity to sell into a new competitive market, while those with non-compliant operations have balked at the new standards, claiming it would be too expensive to comply with or is against their principles.

“I don’t like California telling me (that) to be able to sell in this state, I have to raise these pigs this way,” said AV Roth, who owns a 3,000-sow farm in Wisconsin.

AV Roth

Roth, who is also vice president of the Wisconsin Pork Association, said none of his hogs will ever go to California because he’s against another state regulating his business. His sows are housed in 14-square-foot gestation crates.

“If they want to tell their farmers in California how to raise pigs that’s totally fine by me, but this is the great country of the United States and I should be able to sell in all 50 states,” Roth said.

Dan Sumner, a professor of agriculture economics at UC-Davis, said that sentiment is common among many hog farmers.

“Frankly, a bunch of know-nothing Californians who’ve never been on a hog operation think they can tell these guys what’s better for their pigs,” Sumner said. “If I was a hog farmer I’d be pissed off. It’s just insulting.”

Anti-Prop 12 groups, including the National Pork Producers Council, claim hog farmers would have to spend $3,500 per sow to become compliant. The council, along with the American Farm Bureau, has vowed to continue pursuing legal and legislative avenues to overturn Prop 12.

Allison Molinaro

But animal welfare organizations have called the cost estimates overblown and said new confinement standards are the ethical thing to do.

“I don’t think anyone needs to be a rocket scientist to understand that having space to lie down and stretch your legs is necessary for mental and physical well-being,” said Allison Molinaro, U.S. campaigns manager for the nonprofit organization Compassion in World Farming. “Living in a gestation crate is like having a human live in a telephone booth.”

Where’s the pork?

California is the nation’s largest consumer of pork products but pinpointing exactly where the state’s pork supply comes from is not clear.

According to the California Department of Food and Agriculture, before Prop 12, no public data tracked how much pork comes from specific states or companies. To see which states could be impacted the most by Prop 12, Investigate Midwest analyzed U.S. Department of Agriculture data to locate where most baby pigs are born.

Iowa, North Carolina, Illinois, Minnesota and Missouri had the most pigs born in the country from 2013 to 2023, accounting for roughly half of the nation’s pork supply.

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Local chapters of the National Pork Producers Council located in these major states declined multiple requests to comment, but economist Steve Meyer, a consultant with the National Pork Producer Council, told the Des Moines Register in 2022 that less than half the pork sent to California met Prop 12 standards, at that time.

In January, Meyer told Investigate Midwest he estimates there still isn’t enough compliant pork supply in the U.S. to meet demand based on what California consumers have eaten in the past.

While there aren’t available data points to support this claim, Meyer said he was confident the nation is short roughly 250,000 complaint sows to meet California’s historic demand, which would lead to either a price increase or a lack in availability for cuts of pork.

“I believe the covered products are in short supply, and California consumers are substituting exempt pork products and other proteins,” Meyers said.

Premade pork products are exempt from Prop 12 standards, including sliced ham, salami and deli meat.

Most of the nation’s major pork producers have taken steps to become compliant with the new California law, some starting the transition more than a decade ago.

Smithfield Foods, the nation’s largest pork producer and owner of some 885,000 sows, has spent years transitioning to group housing that meets the standards of Proposition 12.

The company owns more than 400 pork production farms in Colorado, Idaho, Illinois, Missouri, North Carolina, Oklahoma, South Carolina, Utah and Virginia, according to Smithfield spokesperson Ray Atkinson. According to the company’s 2021 Sustainability Report, all of the company-owned farms are compliant with large, group housing for sows.

Smithfield Foods, the nation’s largest pork producer and owner of some 885,000 sows, has spent years transitioning to group housing that meets the standards of Proposition 12.

The company owns more than 400 pork production farms in Colorado, Idaho, Illinois, Missouri, North Carolina, Oklahoma, South Carolina, Utah and Virginia, according to Smithfield spokesperson Ray Atkinson. According to the company’s 2021 Sustainability Report, all of the company-owned farms are compliant with large, group housing for sows.

The company contracts out pork production to more than 2,000 contract farmers across the county, and information about the compliance of these farms was not made available.

“We have established supply agreements for Prop 12-compliant pork and will continue to engage customers to expand the availability of compliant products,” Atkinson said in an email.

Still, the company has openly complained about the new Prop 12 standards, and said it was one reason it recently closed meatpacking plants in California.

Atkinson said Smithfield continues to sell into California but its sales numbers are confidential.

“We fully support a federal legislative solution that will resolve a growing patchwork of state-by-state regulations that make it increasingly difficult to keep food affordable,” Atkinson said.

Other major pork producers and grocery chains have said they are compliant with Prop 12 as of the beginning of 2024:

  • Tyson Foods did not respond to repeated requests for comment. However, in a 2021 earnings call, Tyson CEO and President Donnie King said that the company is ready and able to provide compliant pork products. “It’s not something we were excited about, but we can align suppliers, and we can certainly provide the raw material to service our customers in that way,” King said.
  • Clemens Food Group, a major pork producer based in Pennsylvania, has been Prop 12 compliant since the beginning of 2023. The company has “fully transitioned to group housing for all our sows,” said Brad Clemens, the company’s president, in a statement.
  • JBS, the nation’s fifth largest pork producer, purchased an Iowa pork producer in 2022 to expand its Prop 12-compliant sow housing. According to a translated transcript of a November 2023 corporate earnings call filed with the U.S. Securities and Exchange Commission, the Brazil-based company said it took steps to begin transitioning into Prop 12 compliance when there was still “uncertainty” about the legislation becoming successful. The company did not respond to repeated requests for comments.
  • The top five grocery retailers in California — Walmart, Albertsons, Grocery Outlet, Kroger and Trader Joe’s — are all complying with the state’s confinement legislation to varying degrees. Albertsons’ website notes that some of their suppliers have decided not to comply with Prop 12 standards, which could limit the pork products sold on store shelves. Walmart’s website notes that it has asked its suppliers to “implement solutions to address concerns regarding housing systems that lack sufficient space, enrichment, or socialization, such as sow gestation crates.” According to Kroger company documents, the chain aims to have all of the pork they sell come from sow group housing by 2025. Trader Joe’s spokesperson Nakia Rohde said the grocery chain has provided gestation crate-free pork since 2018, which is clearly labeled in California and Massachusetts stores. Rodhe said in an email that the company sources its pork from the Midwest, but didn’t further clarify the sourcing. Grocery Outlet did not respond to a request for comment.

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While California is the largest pork-consuming state in the U.S., a growing amount of the nation’s pork is being sent overseas, lessening the impact of Prop 12 on many large producers.

Until 1995, less than 5% of American pork production was exported. Today, 27% of U.S. pork is exported, a higher rate than beef or poultry.

John Herath

There were some concerns that Prop 12 could have an impact on exports because much of America’s pork destined for Asia passes through California ports. But several weeks into Prop 12, export officials said they haven’t seen any problems.

“The bottom line is that so far exports transiting California for shipment out of the West Coast ports seem to be flowing smoothly,” John Herath, a spokesperson for the U.S. Meat Export Federation, told Investigate Midwest.

Pork industry says it will continue to fight Prop 12

National agriculture groups and major pork producers originally hoped a legal challenge would end Prop 12 before it ever started. But the American Farm Bureau and the National Pork Producers Council’s lawsuit was struck down by the U.S. Supreme Court, where a 5-4 ruling last year upheld the law.

Despite the loss, the groups said they continue to look for ways to overturn Prop 12.

“If we are going to have a patchwork of 50 different rules, that is going to make it very difficult … to produce livestock efficiently in this country,” Jack Irvin, vice president of public policy for the Ohio Farm Bureau, said from the American Farm Bureau’s national convention in Salt Lake City in January.

Jack Irvin

Prop 12 was a major discussion topic at the convention, Irvin said, where members passed a resolution asking the farm bureau to continue its opposition against the measure, including pushing for a federal law banning state-level confinement standards.

But opponents of a federal law banning Prop 12 claim it would create further chaos.

The Ending Agricultural Trade Suppression Act, also known as the EATS Act, is a proposal in Congress that would prevent states from enacting laws similar to Prop 12. But a Harvard Law School analysis of the EATS Act warned it could have consequences beyond just regulations on animal confinement and jeopardize more than 1,100 state laws related to invasive plant disease protection, food safety regulations, horse slaughter laws and some narcotic laws.

Supporters of Prop 12 believe lawmakers should focus more on helping farmers retrofit their operations.

U.S. Rep. Angie Craig, a Minnesota Democrat, told the Brownfield radio network in January that her office was looking into federal grants to help pork producers adhere to Prop 12 standards.

In Oklahoma, Senate Bill 1325 would create a $4 million fund to provide grants to pig farmers to remove gestation crates and build new structures that meet California’s standards.

Prices still leveling out while producers see new market

Economists are also watching the impact Prop 12 might have on consumer prices, with some estimating the new law will increase the price of pork in California by roughly 25 cents per pound, according to a study by the University of California.

A California Department of Finance analysis estimated that consumers of egg and whole pork products would pay $1.1 million more for the newly regulated commodities in the first year of Prop 12.

Data for the price increases since Prop 12 became law is sparse. In November 2023, the USDA began tracking the average premium paid to producers for hogs sold under California’s confinement legislation. The amount paid to producers for being compliant with the law is negotiated between processors and producers. The average premium given to compliant producers was $6.30 per hundred pounds in the first month of the year, in addition to the base price paid for their hogs.

For some producers, the price increase and growing interest are seen as an opportunity to expand into new markets.

In Clear Lake, Iowa, Chris Petersen has operated a hog farm since the 1970s, raising thousands at a time up until the Iowa hog market crashed in the late 1990s.

Now, he raises a few hundred hogs a year with 30 sows on his farm. None of his animals are in gestation crates or confinement, and they never have been.

“I don’t believe in totally confining any type of livestock down to a small cage,” Petersen said.

Rather than going through large packing companies, he raises a premium breed of hogs known as Berkshires. He said it’s likely that some of his meat wound up in California before Prop 12 was finalized through the supply chain, but now that the ruling is in place, he sees California consumers as a new revenue stream.

“Absolutely I’ll sell to them,” Petersen said.

This article first appeared on Investigate Midwest and is republished here under a Creative Commons license.

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U.S. Senate approves compensation for St. Louis nuclear waste exposures https://missouriindependent.com/2024/03/07/u-s-senate-approves-compensation-for-st-louis-nuclear-waste-exposures/ https://missouriindependent.com/2024/03/07/u-s-senate-approves-compensation-for-st-louis-nuclear-waste-exposures/#respond Thu, 07 Mar 2024 20:54:24 +0000 https://missouriindependent.com/?p=19249

Legislation sponsored by Sen. Josh Hawley of Missouri extends the Radiation Exposure Compensation Act, which is set to expire, and expands it to cover individuals who were exposed to the radioactive waste that remains scattered across the St. Louis region (Kevin Dietsch/Getty Images).

The U.S. Senate on Thursday voted again in favor of legislation that would compensate those who developed cancer following exposure to World War II-era radioactive waste in St. Louis. 

The legislation, sponsored by Republican Sen. Josh Hawley of Missouri, extends the Radiation Exposure Compensation Act, which is set to expire, and expands it to cover individuals who were exposed to the radioactive waste that remains scattered across the St. Louis region. 

It would also expand coverage to those who were exposed to atomic bomb testing in the southwest. 

“The United States Senate has the opportunity to do its part — its small part — to continue to make this nation what it could be, what we promised it will be, and to put right things that have been wrong,” Hawley said just before senators voted 69-30 in favor of his bill.

The legislation, which is backed by President Joe Biden, would represent a federal recognition of — and apology for — St. Louis’ decades-long struggle with radioactive waste

The St. Louis area was instrumental to the Manhattan Project, the name given to the World War II-era effort to build the world’s first atomic bomb. Mallinckrodt Chemical Works refined uranium in downtown St. Louis during the war that was used in the first sustained nuclear chain reaction in Chicago, a key breakthrough in the bomb’s development. 

After the war, radioactive waste from Mallinckrodt’s downtown facilities was trucked to St. Louis County — falling into the road along the way — and dumped at the airport. The material, which was left open to the elements, contaminated Coldwater Creek, which flows by the airport and through the county’s busy suburban neighborhoods. 

The material was sold and moved to another site next to Coldwater Creek where it continued to pollute the water. Eventually, the material that couldn’t be further refined to extract valuable metals was illegally dumped at the West Lake Landfill in Bridgeton, where it remains today. 

“We have not done right by those good people,” Hawley said. “We have turned our back on them.”

Hawley added: “The government exposed them over a period of decades to nuclear radiation and waste, and in almost every case, did nothing about it — in many cases, lied to them about it.” 

A photo taken in 1960 of deteriorating steel drums containing radioactive residues near Coldwater Creek, by the Mallinckrodt-St. Louis Sites Task Force Working Group (State Historical Society of Missouri, Kay Drey Mallinckrodt Collection, 1943-2006).

The Senate last summer voted 61-37 in favor of Hawley’s update to the Radiation Exposure Compensation Act. But the expansion was included as an amendment to the National Defense Authorization Act and stripped out by a conference committee of senators and representatives.

Hawley has criticized Senate Republican leaders, particularly Minority Leader Mitch McConnell of Kentucky, for allowing the expansion to be removed from the defense bill. 

McConnell voted in favor of the bill senators passed Thursday, which was a standalone expansion of RECA. It still needs approval by the House of Representatives. 

The White House announced its endorsement of the legislation Wednesday evening, saying in a statement that the administration looks forward to working with legislators to ensure funding for the program. 

“The president believes we have a solemn obligation to address toxic exposure, especially among those who have been placed in harm’s way by the government’s actions,” the statement says. 

Joining Hawley in sponsoring the legislation were Missouri’s junior Sen. Eric Schmitt, a Republican, and Sen. Ben Ray Luján, a New Mexico Democrat.

Luján urged senators to support the legislation, noting that when the Senate attempted to expand RECA last summer, the movie Oppenheimer — about J. Robert Oppenheimer, the “father of the atomic bomb” — was hitting theaters.

The movie, Luján said, left out the important stories of the families who lived near the site where the Manhattan Project tested atomic bombs and suffered cancers and other diseases. 

“Generations of families wiped out by lung, stomach, prostate, thyroid, skin, breast and tongue cancer didn’t get the glossy Hollywood treatment, and the United States Congress has not made any significant progress in correcting these injustices since 2000,” Luján said. 

He added: “Shame on us.”

Hawley said on a conference call Monday that the standalone RECA expansion bill was expected to cost only about one-third as much as the version senators approved last summer. The legislation still covers the same geographic areas, he said. 

The nonpartisan Congressional Budget Office has not released an independent analysis of the new legislation. It estimated the previous version would have cost $147 billion.

The standalone RECA legislation would offer coverage for individuals who were exposed to radioactive waste in Missouri, Tennessee, Alaska or Kentucky and were diagnosed with multiple myeloma, non-Hodgkin’s lymphoma and cancer of the thyroid, breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gallbladder, salivary gland, urinary bladder, brain, colon, ovary, bone, kidney or lung. It covers liver cancer as long as the patient doesn’t have cirrhosis or hepatitis B. 

Surviving spouses and children could also seek compensation if the individual exposed to the radioactive waste has died.

The legislation senators considered last summer would have also covered diabetes, systemic lupus erythematosus, multiple sclerosis or Hashimoto’s disease. Those conditions are not in the new version of the bill.

Under the bill, the fund for uranium workers and miners would be extended for six years. Last summer’s bill would have extended it by 19. 

In urging his colleagues to vote for the bill, Hawley noted the federal government is now testing underneath homes in the St. Louis area to determine whether a subdivision built in the 1990s was constructed on top of radioactive contamination. 

“Today we say enough,” Hawley said. “Today we turn the page. Today we begin something new.”

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Missouri bill would slash state regulations over small streams and major aquifers https://missouriindependent.com/2024/03/06/missouri-bill-would-slash-state-regulations-over-small-streams-and-major-aquifers/ https://missouriindependent.com/2024/03/06/missouri-bill-would-slash-state-regulations-over-small-streams-and-major-aquifers/#respond Wed, 06 Mar 2024 12:30:15 +0000 https://missouriindependent.com/?p=19204

People swim and fish in the Jacks Fork River on a hot summer day in 2021. The Missouri Department of Natural Resources and environmental groups warn a Missouri Senate bill could seriously hamper the state's ability to protect clean water. (Photo by Tessa Weinberg/Missouri Independent)

Missouri’s leading agriculture groups are pushing legislation environmentalists and state regulators warn could jeopardize thousands of miles of streams and drinking water for 3.6 million people.

Members of a Missouri Senate committee on Tuesday heard testimony on a bill that would narrow the definition of “waters of the state,” slashing the state’s authority over small streams and major aquifers. Supporters say it’s necessary to clean up confusion in the law.

The Missouri Department of Natural Resources warned in a fiscal analysis that the bill could jeopardize the state’s groundwater, which provides drinking water to almost 60% of Missourians, and 136,236 miles of small streams.

The bill’s sponsor, Republican state Sen. Rusty Black of Chillicothe, said he’s working with state regulators on updated language to ensure the legislation doesn’t threaten groundwater. 

Black said he introduced the bill because of a U.S. Supreme Court decision that narrowed the scope of the Clean Water Act and limited the Environmental Protection Agency’s authority over wetlands. Black’s legislation would similarly limit the types of waters Missouri can regulate.

“I have wells at home. I don’t necessarily want those to get bad,” Black told the Senate’s Agriculture, Food Production and Outdoor Resources Committee. “But at the same time, going past my home, past farms, my family farms…what out there on those properties really should be state waters?”

Black’s bill would define waters of the state as all “relatively permanent, standing or continuously flowing rivers, streams, lakes and ponds” that are not confined to a single piece of property. Lakes, ponds, aquifers and wetlands would have to have a “continuous surface connection to a relatively permanent” body of water. Current law defines waters of the state as any body of water that crosses property lines. 

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The term “waters of the state” is referred to throughout the state’s pollution control laws, meaning placing limits on its definition narrows the kinds of water Missouri regulators can protect. Agriculture groups supporting the legislation say it brings the state in alignment with the new federal authority.

“We have a current definition of waters of the state…that regulates basically grass waterways and other upland watercourses that I would rather call a ditch than a stream,” said Robert Brundage, an attorney for the Missouri Pork Association and the Missouri Cattlemen’s Association. 

But environmental groups say there’s no reason to narrow Missouri’s definition. Federal pollution rules, they said, set minimum standards, but the state is free to further regulate water as it sees fit.

Critics fear the language requiring that lakes, ponds, aquifers and wetlands have a surface connection to another body of water in order to be protected would exclude numerous bodies of water.

Zach Morris, president of the Conservation Federation of Missouri, said he was concerned about streams that have surface connections during periods of high flow or wetlands that are disconnected from rivers at the surface but are connected underground.

“The Mississippi and Missouri Rivers are drinking water sources for millions of people and they have many, many wetlands along their banks that are permanently separated by man made structures but still have a subsurface connection,” Morris said, “and polluting those waters could certainly add pollution into that drinking water source.” 

Melissa Vatterott, policy director for the Missouri Coalition for the Environment, told the committee the legislation “is seeking to fix a problem that doesn’t exist. 

“It’s being pushed by a very few industries — or maybe one particular person — to create confusion,” she said. 

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Stephen Jeffery, an environmental attorney, said the bill should be rejected because it conflates wetlands and subsurface waters and fails to take into account the huge differences in geology and hydrology between various parts of Missouri. Beyond that, he said, “there have been expressed, so far today, no significant compelling reasons to change the existing law.” 

“There’s been no testimony at all today of any government overreach or government intrusion coming onto someone’s property to do something that is unlawful,” Jeffery said. 

He then quoted President Ronald Reagan’s 1984 State of the Union address: “Preservation of our environment is not a liberal or conservative challenge. It’s common sense.” 

The committee did not take action on the bill Tuesday.

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Bill targeting controversial Kansas City landfill clears initial Missouri House vote https://missouriindependent.com/2024/03/05/bill-targeting-controversial-kansas-city-landfill-clears-initial-missouri-house-vote/ https://missouriindependent.com/2024/03/05/bill-targeting-controversial-kansas-city-landfill-clears-initial-missouri-house-vote/#respond Tue, 05 Mar 2024 20:17:19 +0000 https://missouriindependent.com/?p=19207

Rep. Mike Haffner is sponsoring legislation that would allow neighboring communities a voice in whether landfills can be built in Kansas City within half a mile of the border (Tim Bommel/Missouri House Communications)..

Lawmakers must change a “broken process that unfairly hurts Missourians” to keep a landfill from moving into south Kansas City without residents’ input, state Rep. Mike Haffner told his colleagues Tuesday.

Speaking on the floor of the Missouri House, Haffner argued that a landfill proposed for a site at Kansas City’s southern border would devastate the environment, residents’ property values and surrounding suburbs’ economic development efforts. The project, he said, is “exactly what’s wrong with politics.”

Starting last year when rumors of the proposed landfill began circulating, Haffner has pushed legislation meant to give surrounding communities more sway over landfills proposed at the edges of Kansas City. 

“The location of landfills should be open and transparent,” said Haffner, a Pleasant Hill Republican. “It should be publicly discussed with the community and not done in the dark of night.”

Haffner urged the House again Tuesday to pass his legislation and protect suburban municipalities surrounding Kansas City.

Seventy Republicans joined with 43 Democrats in support of the bill, with 30 Republicans voting against. It faces one more House vote before it can move to the Missouri Senate, where Republican Sens. Mike Cierpiot and Rick Brattin are sponsoring identical legislation.

KC Recycle & Waste Solutions, owned by a married couple from the Kansas City metro, has proposed building a landfill at the southern tip of Kansas City where it borders Raymore. The site, just south of Missouri Highway 150, is within a mile of the Creekmoor golf course community with homes priced between $500,000 and $1 million. 

News of the proposed landfill, which would occupy about 270 acres, roiled nearby communities who have organized against the project and formed a political action committee, Kill The Fill.

Suburbs braced to use the legislature to block a south Kansas City landfill

Under current law, Missouri environmental regulators can’t issue a permit for a landfill in Kansas City within half a mile of a neighboring municipality unless that municipality signs off on it. Haffner’s bill would increase the buffer zone to a mile, effectively giving the surrounding community veto power over KC Recycle & Waste Solutions’ project.

“No one outside of the owners and developers of this $1 billion project, their 20-plus hired lobbyists want this landfill,” Haffner said on the House floor, referencing the fact that the Monheisers’ company currently has 19 lobbyists registered with the state. The city of Raymore has three. 

One of Haffner’s fellow Republican lawmakers, state Rep. Mark Matthiesen of O’Fallon, acknowledged spending time close to a landfill can have detrimental health effects. But he argued those effects occur within 500 meters, less than one-third of a mile. 

“If the neighborhood was 1.1 miles away instead of 0.8 miles…the bill we’d be talking about would expand that regulation to 1.2 miles or whatever arbitrary number we’re gonna pull out of the hat so that we can change the established process of Missouri,” Matthiesen said. 

Jennifer Monheiser, one of the owners of KC Recycle & Waste Solutions owners, said in an emailed statement to The Independent that 60% of Kansas City voters “see existing landfill capacity as a serious problem.”

“We’re confident that our proposed project is the right solution,” she said, “and we look forward to continuing to work with elected officials to address this critical problem facing our region.”

Haffner and Brattin pursued the same legislation last year. It cleared the Missouri House but got stuck in the Senate. Haffner and Brattin are now running against each other in the GOP primary for that state Senate seat. Also in the primary is state Rep. Dan Houx of Warrensburg, who voted in support of Haffner’s bill on Tuesday. 

Last year, state Sen. Mary Elizabeth Coleman, a Republican from Arnold, launched a filibuster in an attempt to kill Brattin’s bill. He responded the next day with a filibuster of his own, holding the floor for four hours during the final days of the legislative session as members faced a constitutionally-mandated deadline to pass the state budget.

Eventually, Brattin struck a deal with Senate leadership to fund a study by the Missouri Department of Natural Resources into the effect a landfill would have on surrounding schools, residents, the environment and property values. 

Gov. Mike Parson vetoed the funding for the study.

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Florissant homes built on Coldwater Creek may sit on radioactive contamination https://missouriindependent.com/2024/03/04/florissant-homes-built-on-coldwater-creek-may-sit-on-radioactive-contamination/ https://missouriindependent.com/2024/03/04/florissant-homes-built-on-coldwater-creek-may-sit-on-radioactive-contamination/#respond Mon, 04 Mar 2024 23:00:35 +0000 https://missouriindependent.com/?p=19197

A group of people with the Army Corps of Engineers exit a home on Cades Cove on Monday, March 4, 2024, in Florissant. The Army Corp of Engineers were drilling into the foundation of the house to test soil for radioactive material (Zachary Linhares/Riverfront Times).

Federal officials are investigating whether residents of a small subdivision in the St. Louis suburbs are living on top of contamination dating back to World War II after finding radioactive material in their backyards.

The Cades Cove subdivision, a small enclave in Florissant, was built on top of where Coldwater Creek once meandered. The creek, which runs through several St. Louis suburbs and into the Missouri River, was contaminated decades ago by waste left over from the development of the world’s first atomic bomb. 

Now, 78 years after the U.S. dropped two atomic bombs on Japan, waste from their development lingers in Cades Cove residents’ backyards. And federal officials are drilling through their basement floors to determine whether it’s under their homes. 

“There are homes built on top of the Manhattan Project in St. Louis,” said Dawn Chapman, a co-founder of Just Moms STL, an advocacy group for affected communities, “and there are residents who have been living in those homes on top of this for decades.”

Chapman was speaking on a press conference call about legislation that would compensate St. Louis-area residents who have developed illnesses because of exposure to radioactive waste.

“This is not a 50-year-old problem,” Chapman said. “This is a today problem.”

Records reveal 75 years of government downplaying, ignoring risks of St. Louis radioactive waste

Following the conference call and media inquiries on Monday, the U.S. Army Corps of Engineers, which is responsible for cleaning up Coldwater Creek and surrounding properties, announced the sampling efforts in a news release. The agency said it was planning a public meeting.

Phil Moser, a program manager for the U.S. Army Corps of Engineers, said in an interview with The Independent that the agency, which is responsible for cleaning up Coldwater Creek, discovered radioactive contamination in several backyards in Cades Cove, leading officials to sample under residents’ foundations. 

Moser said it’s the first time since the agency began sampling efforts — meant to inform its cleanup plan — that it has needed to go inside residents’ homes to collect samples. He called the neighborhood an “outlier” for its contamination in residents’ yards.

Contamination in Cades Cove, Moser said, has been found deep underground because the creek meander was filled in with dirt when the neighborhood was built more than 30 years ago. He said several yards will need to be remediated. 

It’s less clear what will happen if contamination is discovered under residents’ homes. Moser said the Army Corps is going to ensure it gets all the contamination. Asked if homes may need to be demolished or whether residents might have to move, Moser said he couldn’t speak about hypotheticals. 

“We’re not taking anything off the table as far as what we would eventually have to do,” he said.

He said “no matter what” the agency will remove all the contamination.

In an email to activists about the sampling and in an interview with The Independent, Moser said the agency had been in contact with Cades Cove residents and the local homeowners’ association.

“As expected, this is a difficult time for (residents) to navigate and we are striving (to) not make it worse with too much outside attention,” Moser said in an email to activists. The Corps’ St. Louis spokesman, Jeremy Idleman, said the same in an emailed statement.

Parts of St. Louis and surrounding counties have been contaminated for decades by waste generated during the Manhattan Project, the name given to the effort to build the world’s first atomic bomb. Uranium refined in downtown St. Louis was used in the first sustained nuclear reaction in Chicago, a key breakthrough in the bomb’s creation.

After the war, waste generated from uranium processing was trucked to St. Louis County and dumped, uncovered, at the airport, right next to Coldwater Creek. Wind and rain spread the waste, polluting the creek for miles. Over the ensuing decades, tons of waste were moved around St. Louis and St. Charles counties, polluting numerous sites.

Radioactive contamination remains at sites around the St. Louis metro today, and the cleanup of Coldwater Creek and surrounding properties is expected to take until 2038. 

Even at the time the homes in Cades Cove were built, the federal government had known for years that radioactive waste stored nearby had polluted Coldwater Creek. An investigation published last summer by The Missouri Independent, MuckRock and The Associated Press revealed that federal officials and the company that refined uranium for the Manhattan Project knew the waste posed a risk to St. Louis residents for years before acknowledging it to the public

“I’m angry,” said Karen Nickel, Chapman’s fellow co-founder, who visited the neighborhood Monday. “I’m angry. I’m frustrated, disappointed, and I feel very, very bad for the people that are living in those homes, living in that subdivision.” 

Nickel said Just Moms hopes to share resources and information with Cades Cove residents and ensure those outside the neighborhood know what is being found. She criticized the Army Corps for not making the findings public more quickly.

“Stop using this excuse,” Nickel said. “…the rest of this community has the right to know.”

The revelation of the Cades Cove contamination comes at a time when St. Louis’ radioactive contamination is in the spotlight. 

The U.S. Senate is expected to vote this week on legislation that would expand the Radiation Exposure Compensation Act to residents of Missouri sickened by radioactive waste and several western states where atomic bomb testing exposed huge swaths of the nation to airborne radioactivity.

And Chapman is attending President Joe Biden’s State of the Union Address on Thursday as U.S. Sen. Josh Hawley’s guest. 

The Riverfront Times’ Zach Linhares contributed to this report.

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Missouri House bill takes aim at ‘cesspool’ of meatpacking sludge https://missouriindependent.com/2024/02/29/missouri-house-bill-takes-aim-at-cesspool-of-meatpacking-sludge/ https://missouriindependent.com/2024/02/29/missouri-house-bill-takes-aim-at-cesspool-of-meatpacking-sludge/#respond Thu, 29 Feb 2024 19:01:46 +0000 https://missouriindependent.com/?p=19148

Denali Water Solutions operates storage basins for meatpacking sludge in Missouri. Legislation in the Missouri House would impose regulations to help rural residents who complain of unbearable smells from the facilities. (USGAO/Wikipedia).

Between Vallerie Steele, her seven siblings and their children, there’s always a birthday or anniversary to celebrate on the family’s southwest Missouri farm. The summer months are typically a parade of pool parties and barbecues.

Until last year. 

The stench coming from the lagoon across the road from Steele’s home has become unbearable. It holds waste Denali Water Solutions collects from meatpacking plants before spreading it as free fertilizer on farmers’ properties. 

The smell from the “cesspool of rotting flesh” has forced the family inside, she said. 

“Nobody wants to eat a burger or a hot dog if it smells like rotten crap in the air,” Steele said in an interview with The Independent. “It’s just disgusting.”

She tried to stain her porch three times last summer but couldn’t stand to be outside because of the smell. One of her sons was bullied at school because the stench of the lagoon clung to his clothes. Children at her younger son’s combined elementary and middle school beg their teachers to stay inside during recess.

“It literally burns your lungs, your chest,” she said. “I’m an ICU nurse — like, I know this isn’t normal.”

Steele leads a coalition of southwest Missouri residents fighting for more regulation of Denali’s — and similar — lagoons. She implored state lawmakers last month to pass legislation meant to protect rural neighbors and impose more regulations on wastewater sludge haulers.

And on Thursday, the Missouri House voted 151-2 to pass legislation that would require companies like Denali to have water pollution permits and follow certain design requirements for its facilities. 

Facilities like Denali’s would have to be at least 1,000, 2,000 or 4,000 feet from the nearest public building or home depending on the size of the lagoon. And the state would have to establish sampling rules for the basins and require groundwater monitoring in hydrologically sensitive areas.

Sponsored by state Reps. Ed Lewis, a Moberly Republican, and Dirk Deaton, a Noel Republican, the legislation now moves to the Missouri Senate for consideration. The House attached an emergency clause, meaning if it clears the Senate and is signed by the governor the new regulations would go into effect immediately. 

Arkansas-based Denali’s communications director, Samuel Liebl, said in a statement that Lewis and Deaton’s bill would add “excessive and unnecessary costs to food manufacturers and would have negative impacts on the state’s economy and businesses.” 

“While Denali supports revised regulations focused on transparency, we feel strongly the bill voted on in the Missouri House…this week requires significant revisions,” he said.

Liebl said there was “high demand among farmers for food processing residuals due to their valuable nutrients.” 

“Our model allows them to receive them without any added expense, helping keep food costs down for Missouri residents,” he said.

Denali operates three lagoons in McDonald, Newton and Macon counties and built a fourth that has not been filled in Randolph County. Before last fall, it spread meatpacking sludge over 20,000 acres in the state. Farmers that work with Denali can have the sludge spread on their fields as free fertilizer.

But under an agreement with state environmental regulators, the company is currently draining its lagoons until it can obtain a permit to operate.

An abrupt regulatory change 

State Rep. Dirk Deaton, R-Noel, speaks on the Missouri House floor in May 2022 (Tim Bommel/Missouri House Communications).

Until last year, Denali had a permit from the Missouri Fertilizer Control Board, which exempted it from having to get a permit from the Missouri Department of Natural Resources. That meant the state’s environmental regulators couldn’t impose any instructions on Denali unless its sludge polluted the state’s waterways, a policy decried by Deaton. 

“Nobody seems to know exactly how it got there — when, why and what for and who thought it was a good idea,” he said. 

But the fertilizer board last year decided it didn’t have authority over Denali because it provides its sludge for free rather than selling it as a commercial fertilizer. Without a fertilizer permit, Denali had to get a permit from the Department of Natural Resources. 

Denali has sued the fertilizer board in an attempt to have its fertilizer permit reinstated. 

After the fertilizer board’s decision, Missouri environmental regulators allowed Denali to keep operating in the interim until, in October, the company applied so much sludge to a field just before it rained that regulators reversed course. 

Following complaints, the Missouri Department of Natural Resources visited a site where Denali had applied waste and found “standing pools of liquids and solids” and such huge quantities of meatpacking and sewage sludge it covered the vegetation on the fields, according to a document from the state. It was expected to rain in the coming days, meaning the sludge could pollute nearby streams.

Under an agreement the state and Denali reached last month, the company is now prohibited from applying waste to fields in Missouri and must start draining its lagoons. It was also ordered to pay $21,665 in fines.

Until Denali receives permits to resume its operations, it has to haul its waste to a treatment facility or take it out of Missouri and apply it to farmland in another state. 

That wasn’t the company’s only violation.

In 2022, it dumped 36 truck loads — or 165,000 gallons — of sludge onto only five acres a day ahead of heavy rains. The waste flowed onto neighboring property and into a waterway.

Denali has received four violations since 2022

Rural neighbors fight back

Around the same time the state investigated Denali in the fall of 2023, Steele and nearby neighbors sued in an attempt to force regulation of the sludge.

The group — Stop Land Use Our Ground and Environment, or S.L.U.D.G.E — argues the state should be treating Denali as a solid waste business and not allow it to spread the material on individuals’ fields. 

Another group called Citizens of Randolph County Against Pollution, or C.R.A.P. is fighting the lagoon Denali constructed in their area but has yet to fill. In September, a judge in that lawsuit prohibited the state from granting a permit to Denali without court permission. 

The outcry from neighbors has gotten so bad that one landowner whose field Denali uses to spread the sludge has been charged with four misdemeanor counts of disturbing the peace.

In a probable cause statement filed in the case, an investigator said 10 residents near one of Denali’s lagoons complained about the “noxious and offensive” odor and reported that they couldn’t stand to be outside. 

“I have also received statements that the smell interferes with efforts to sell houses, therefore, (affecting) their property values,” the probable cause statement says. “One victim stated ‘we feel like hostages in our own home.’” 

Deaton said when he took office in 2019, he was flooded with constituent emails and letters concerned about Denali. 

“We oftentimes say we got hundreds of emails. I don’t know about you; sometimes I wonder— did they really get hundreds of emails?” Deaton said in a committee hearing. “Let me tell you, I’m happy to show you. I’ve gotten hundreds of emails, probably over 1,000 at this point.”

Vallerie Steele’s family can’t stand to be outside their southwest Missouri home because of the unrelenting stench from one of Denali Water Solutions’ storage basins holding meatpacking sludge. (Courtesy of Vallerie Steele)

Steele, a member of S.L.U.D.G.E, said the odor had exacerbated neighbors’ asthma and caused kids at the nearby baseball fields to throw up behind dugouts.

“If these people had to dump this stuff in their front yard, they wouldn’t do it,” Steele said. 

Rep. Tim Taylor, a Republican from Bunceton, questioned a lobbyist for Denali in a hearing last month about the contents of the sludge.

“Tell me why in the world a company that’s looking to make a profit would give away a product for free when they can easily charge even a small amount of money and make money,” Taylor said. “To see that, I can’t see it in any other way, except that ‘as long as we don’t charge for it, nobody’s going to ask any questions.’”

The lawsuit is still pending, and S.L.U.D.G.E.’s lawyer, Stephen Jeffery, is fighting for the ability to take samples of the material. Denali and partnering farmers have not complied with Jeffery’s subpoenas. 

Jeffery filed a motion to hold Denali and the farmers in contempt of court for failing to comply with the subpoenas. A hearing on the issue is set for Friday. 

John Hoke, director of the Missouri Department of Natural Resources’ water protection program, said the material that comes from meatpacking plants that pay Denali to haul away waste was tested for nutrients and heavy metals under the fertilizer control board.

But once the materials are combined in Denali’s lagoons, it’s less clear what the total composition is. 

“You need to know what nutrients are in that material before you land apply to make sure you’re not causing any negative impacts to the soils,” Hoke said, adding that enhanced monitoring was included as a provision in Denali’s pending permits.

Lewis implored colleagues Thursday to adopt his legislation imposing regulations on Denali and to do so with an emergency clause to allow the bill to take effect quickly.

“It’ll definitely secure our food supply, make that safer,” Lewis said, “but it will also make the rivers and the streams of Missouri safer.” 

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Lawmakers across the U.S. seek to curb utility spending on politics, ads and more extras https://missouriindependent.com/2024/02/28/lawmakers-across-the-u-s-seek-to-curb-utility-spending-on-politics-ads-and-more-extras/ https://missouriindependent.com/2024/02/28/lawmakers-across-the-u-s-seek-to-curb-utility-spending-on-politics-ads-and-more-extras/#respond Wed, 28 Feb 2024 12:43:50 +0000 https://missouriindependent.com/?p=19119

A coal-fired power plant in Romeoville, Illinois (Scott Olson/Getty Images).

After a string of scandals and amid rising bills, lawmakers in statehouses across the country have been pushing legislation to curb utilities spending ratepayer money on lobbying, expert testimony in rate cases, goodwill advertising, charitable giving, trade association membership and other costs.

At least a dozen states have considered bills to limit how gas, water and electric utilities can spend customers’ money, according to a tracker maintained by the Energy and Policy Institute, a watchdog group funded by environmental and climate-focused foundations that concentrates on utilities and fossil fuel interests.

Another, Louisiana, has opened a proceeding at its public service commission to investigate use of ratepayer cash on trade association dues, “activities meant to influence the outcome of any local, state, or federal legislation,” advertising expenses and other costs.

Michigan joined the party last week with the introduction of legislation to ban utility political spending. In states like Illinois, the push has been joined by groups like the AARP and the Citizens Utility Board, a state watchdog group, which said the legislation would “stop electric, gas and water utilities from charging us for a long list of expenses they rack up trying to raise our rates and further increase their political power.”

Three states  – MaineColorado and Connecticut – have already signed similar bills into law. The legislation comes as natural gas bills have fallen but average residential electric prices in the U.S. climbed from 13.66 cents per kilowatt hour in 2021 to 15.93 cents per kilowatt hour in 2023, per the U.S. Energy Information Administration. That would mean a monthly bill going from $136.60 in 2021 to $159.30 in 2023 for a house that uses 1,000 kilowatt hours per month.

“It absolutely is a growing trend,” said Matt Kasper, the Energy and Policy Institute’s deputy director. “There’s a lot of eyes on the industry, how it’s operating.”

The institute published a report last year that scrutinized how electric and gas utilities use ratepayer money to “fund political machines that push legislation, curry favor with regulators and alter the outcomes of elections, sometimes even breaking laws in the process.”

Some of the lowlights include:

Other examples of questionable spending abound. In 2018, South Carolina lawmakers were flooded with bogus emails encouraging them to support Virginia utility giant Dominion Energy’s takeover of SCANA Corp., a company struggling under the weight of a failed nuclear project. Dominion denied having anything to do with the fake emails, which were sent by the Consumer Energy Alliance, a group that was then supported by Dominion. (The company is no longer listed as a CEA member).

Consumer Energy Alliance was also involved in a 2016 campaign to support a natural gas pipeline running through Ohio that involved sending 347 letters to the Federal Energy Regulatory Commission using the names of locals — more than a dozen of whom signed affidavits denying they signed the letters —  including “an Ohio man who has been dead since 1998,” The Plain Dealer reported.

In Louisiana, Entergy was fined $5 million by the New Orleans City Council after actors hired by a public relations firm working for the utility showed up at public hearings to support a proposed power plant.

Arizona Public Service, which has 1.4 million electric customers in the state, spent $10 million in 2014 that was funneled to dark money groups to help elect its preferred members of the State Corporation Commission, which regulates utilities. That spending wasn’t revealed until 2019, when the company complied with a subpoena to release documents.

“Utilities are often using their ratepayer-funded political machines to slow the nation’s urgently-needed transition away from fossil fuels and toward clean energy,” the Energy & Policy Institute wrote. “Working hand-in-hand with their trade associations, the Edison Electric Institute and American Gas Association, utilities continue to fight tooth-and-nail against policies that enable the adoption of essential technologies like rooftop solar power, energy efficiency and building electrification.”

‘The appetite is there’

However, bills to curb utility influence spending can face an uphill fight, demonstrating the stronghold that the companies can have on state governments.

In Virginia, for example, another round of legislative attempts to prevent candidates from accepting donations from public service companies like Dominion Energy, the state’s largest electric utility and long the biggest corporate donor in Virginia politics, died in House and Senate committees. Both houses are controlled by Democrats.

“Time will tell what will happen,” Del. Josh Cole, a Democrat who was carrying the House version of the legislation,told the Virginia Mercury.  “The appetite is definitely there for it.”

A separate proceeding at the Federal Energy Regulatory Commission has been looking into the “rate recovery, reporting and accounting treatment of industry association dues and certain civic, political and related expenses.”

The Edison Electric Institute, which represents investor-owned electric utilities and is one of the trade groups affected by some of the state-level legislation, said electric customers benefit when its member companies “have a seat at the table,” adding that they are among the most regulated businesses in the nation.

“We engage on their behalf through lobbying, advocacy and regulatory proceedings as part of our work to ensure that electricity customers have the affordable, reliable and resilient clean energy they want and need. Engaging in discussions with policymakers and regulators is essential to achieving these outcomes,” EEI spokeswoman Sarah Durdaller said in a statement. “We bring unique expertise and insights on how policy proposals will affect business operations, the cost for capital, and, ultimately, our customers. … There are strict laws in place already to ensure that lobbying activities are always funded by shareholders not customers.”

The American Gas Association, which represents natural gas utilities, did not respond to a request for comment.

On Monday, across the street from the Washington, D.C., hotel where the National Association of Regulatory Utility Commissioners was holding its winter policy meeting, a group of climate justice organizations held a rally to call attention to energy company influence, taking aim at corporate sponsorship of the event and a lack of progress on renewable power.

“When we see events like this where utility execs fund gatherings and hobnob with regulators …  we need to speak out,” said Sukrit Mishra, DC program director at Solar United Neighbors, a nonprofit that helps communities form solar co-ops. He voiced support for state legislative efforts as well as federal legislation introduced by U.S. Rep. Kathy Castor, a Florida Democrat, to prevent utility companies from using ratepayer dollars to fund political activities.

“The public is ready to hold utilities accountable. We need regulators to do the same.”

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Missouri meatpacker that sought to dump wastewater into river will shut down https://missouriindependent.com/briefs/missouri-meatpacker-that-sought-to-dump-wastewater-into-river-will-shut-down/ Mon, 26 Feb 2024 22:57:24 +0000 https://missouriindependent.com/?post_type=briefs&p=19069

An undated photo of the Pomme de Terre River, which runs through Webster, Greene, Dallas, Polk and Hickory counties. A meat packing company near Pleasant Hope wanted a permit to discharge its wastewater into the river, which is already proposed for the impaired waters list. The meatpacker is now closing. (Shannon Henry photo via the U.S. Army Corps of Engineers)

A southwest Missouri meatpacking plant that sought to dump treated wastewater into an impaired river will halt operations — at least temporarily.

Missouri Prime Beef Packers will shutter its Pleasant Hope facility, which processes 3,500 cattle per week, April 26. It’s not clear whether the closure will be temporary or permanent. 

The closure, disclosed in a filing with the state, comes after the facility withdrew a request with state environmental regulators to discharge treated wastewater from its operations directly into the Pomme de Terre River, which already struggles with high levels of E. coli bacteria.  

Missouri environmental regulators in November signaled their intent to deny the facility’s request

Missouri Prime Beef Packers could not immediately be reached for comment, but the company’s spokesman told the Springfield News-Leader, which first reported the closure, that it “stems from operational challenges at the facility related to wastewater management and persistently unfavorable market conditions.”

According to a notice filed under the Worker Adjustment and Retraining Notification, or WARN, Act, the plant’s 335 workers will be laid off. Some will continue to work until the plant closes April 26, but others will be placed on leave and then terminated in April.

The WARN Act notice says the closure could be temporary or permanent. 

YOU MAKE OUR WORK POSSIBLE.

The meatpacking plant had sought permission from the Missouri Department of Natural Resources to treat wastewater from the meatpacking process with a proprietary microbe technology called “iLeaf” before discharging it into the Pomme de Terre River. The company currently applies its wastewater to surrounding land as fertilizer.

The state initially found in its review of the requests that the microbe technology could sufficiently treat the wastewater, but after considerable public pushback, it determined it didn’t have adequate assurance the facility wouldn’t contribute to the river’s water quality problems.

The Pomme de Terre River winds through the Ozark region of southwest Missouri and is a popular destination for canoeing, swimming and fishing. But it has been on and off a federal list of impaired waterways because of high levels of E. coli bacteria. It’s currently considered impaired.

The river was found in 2019 to have an average of more than 200 E. coli colonies per 100 milliliters of water, well above the limit of 126. 

Pomme de Terre Lake, which is fed by the river, is also considered impaired because of high levels of chlorophyll-a, which indicates the lake is receiving too much phosphorus and nitrogen, both found in farm runoff and animal waste. 

After the state signaled its intent to deny the company’s request, Missouri Prime Beef Packer withdrew it. 

The Missouri Department of Natural Resources could not immediately be reached for comment. 

GET THE MORNING HEADLINES.

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Missouri House bill would allow further testing for St. Louis radioactive waste https://missouriindependent.com/2024/02/20/missouri-house-bill-would-allow-further-testing-for-st-louis-radioactive-waste/ https://missouriindependent.com/2024/02/20/missouri-house-bill-would-allow-further-testing-for-st-louis-radioactive-waste/#respond Tue, 20 Feb 2024 12:29:42 +0000 https://missouriindependent.com/?p=19001

(Illustration by Tyler Gross)

Local governments in the St. Louis area could request radioactive waste testing from the state under a Missouri House bill that would appropriate money to a long-unfunded program. 

The Missouri House Conservation and Natural Resources Committee on Monday heard testimony on a bill that would transfer $300,000 to a radioactive waste investigations fund created six years ago. 

Despite the fund passing the legislature in 2018 and being signed into law by Gov. Mike Parson, it has never had any money allocated to it.

The funding — double what Parson recommended in his proposed budget — would allow the state to test sites that are feared to be contaminated with decades-old radioactive waste. 

“Legacy waste from the Manhattan Project has been bought, resold, moved around the area, leaving in its path radioactive contamination to the extent that we don’t necessarily know every single last place that it still exists,” said state Rep. Mark Matthiesen, an O’Fallon Republican.

Five revelations about St. Louis’ history with radioactive waste

The committee took no action on the bill Monday evening. 

Federal agencies are working to clean up several sites, but Matthiesen said the fund would allow state environmental regulators to identify nearby residential areas that could be contaminated.

“There’s many areas where we have known contamination but there could potentially be some areas surrounding those known areas where there could still be contamination that is yet to be identified,” he said. 

The St. Louis area has struggled for decades with remnant radioactive waste from World War II. The city was integral to the Manhattan Project, the name given to the war-ear effort to build the world’s first atomic bomb. Waste from uranium refining efforts in downtown St. Louis was transported to several sites in St. Louis and St. Charles counties, contaminating parks, lakes and Coldwater Creek.

Parts of the region aren’t expected to be remediated until 2038 — 93 years after the U.S. dropped two atomic bombs on Japan and almost 90 years after the waste was identified as a risk to Coldwater Creek.

The U.S. Army Corps of Engineers is remediating Coldwater Creek, which runs through what are now busy suburbs. It was contaminated in the years after World War II when radioactive waste was dumped at the nearby St. Louis airport and at a property in Hazelwood. 

For decades, the contaminated creek water exposed residents to radioactive waste. A federal study found the creek contamination raised the risk of certain cancers for people who lived nearby and children played in the creek. 

From the airport, the radioactive waste was sold and moved to Hazelwood where it again sat next to and leaked into Coldwater Creek. The Cotter Corporation, which bought the waste to extract valuable metals, then requested to dump the remaining waste that had no economic value at a quarry in Weldon Spring or bury it onsite. When the federal government denied the company permission, it illegally dumped the waste at the West Lake Landfill where it remains today.

The Environmental Protection Agency is leading the effort to design a remediation for the landfill.

The decades-long problem has come under new scrutiny as the EPA works to start remediation at West Lake and an outside expert identified contamination at an elementary school next to Coldwater Creek.

The Missouri Independent, in partnership with MuckRock and the Associated Press, revealed last summer that federal officials and companies that handled the waste knew the radioactive waste posed a risk to St. Louis-area residents for years before making it known to the public. 

In 1949, Mallinckrodt Chemical Works, which refined uranium in downtown St. Louis for the Manhattan Project, realized waste stored in decaying steel drums at the airport threatened to leak into Coldwater Creek. It determined that workers couldn’t move the material to new containers because “the hazards to the workers involved in such an occupation would be considerable.”

But despite knowing the waste was spreading, federal officials downplayed the risks for years. 

State Rep. Paula Brown, a Democrat from Hazelwood, noted despite the EPA reaching a decision on how to handle the West Lake Landfill, “there is still no shovel in the ground.” She noted activists for years told the EPA the agency didn’t have a handle on where all of the radioactive waste was and urged further testing of the landfill.

“They kept saying, ‘No, it’s not. No it’s not,’” Brown said. “Well, they have found it. It is awful…so this is an important bill.”

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Federal money could supercharge state efforts to preserve nuclear power https://missouriindependent.com/2024/02/19/federal-money-could-supercharge-state-efforts-to-preserve-nuclear-power/ https://missouriindependent.com/2024/02/19/federal-money-could-supercharge-state-efforts-to-preserve-nuclear-power/#respond Mon, 19 Feb 2024 13:00:24 +0000 https://missouriindependent.com/?p=18980

The Palisades nuclear plant in Michigan will reportedly be awarded a $1.5 billion federal loan, aimed at restarting operations after a 2022 closure. The federal funding could bolster state efforts to keep nuclear power on the grid, as leaders seek to transition to carbon-free electricity (Courtesy of The Herald-Palladium).

In the coming years, a nuclear power plant on the shores of Lake Michigan could become the first in the country to restart operations after shutting down.

The Palisades plant in southwest Michigan could be revived by a $1.5 billion loan from the U.S. Department of Energy, Bloomberg reported. Federal officials have not yet confirmed the funding, but Dr. Kathryn Huff, assistant secretary in the agency’s Office of Nuclear Energy, told Stateline that it would be “exciting” and “historic” to see the plant return to life.

The potential federal investment comes as state leaders in Michigan and elsewhere have worked to preserve their nuclear power capacity. Democratic Gov. Gretchen Whitmer successfully pushed for $150 million in state funding last year to support the Palisades restart. The plant is owned by Florida-based Holtec International, which bought it in 2022 to decommission it.

Reviving the plant “is really significant to make sure we can meet our clean-energy goals,” said Kara Cook, chief of staff with the Michigan Department of Environment, Great Lakes, and Energy. “This is really important to us not only from a climate perspective, but also the economic impact on the region.”

As states seek to transition to carbon-free electricity, some leaders acknowledge their climate change goals may be out of reach if they can’t keep their nuclear plants online. Nuclear has struggled to compete on cost with other power sources — while also facing concerns about safety risks and radioactive waste — but it provides 18% of the nation’s electricity. The closure of nuclear plants, some state officials fear, could lead to an expansion of fossil fuel-powered replacements, worsening the climate problem.

“You’re starting to see a lot of states transition to a position where they’re supportive of nuclear,” said Todd Allen, chair of the Nuclear Engineering and Radiological Sciences department at the University of Michigan. “And compared to 30 years ago, the amount of federal support for nuclear is unbelievable.”

California also received a boost of federal money in an award finalized last month to keep open a nuclear plant run by Pacific Gas and Electric, known as PG&E. Other states, including Connecticut, Illinois and New Jersey, have passed legislation in recent years to provide subsidies for existing nuclear plants.

Huff, the federal energy official, said U.S. nuclear production may need to reach 200 gigawatts — roughly double the current capacity — to provide clean, “always-on” power as less-constant solar and wind provide a growing share of the nation’s electricity. Last year, the Biden administration committed to an international pledge to triple nuclear capacity by 2050.

“We’re still going to need a significant amount of nuclear to back that all up,” she told Stateline. “Keeping existing plants online is the easiest way to ensure nuclear power can back up renewables.”

Meanwhile, both red and blue states have taken steps to allow for the development of small modular reactors, an emerging technology that backers say can help to power rural areas or industrial operations without the demands of a large plant. Six states — Connecticut, Illinois, Kentucky, Montana, West Virginia and Wisconsin — recently repealed bans on adding new nuclear power, in part to enable such reactors.

While some environmental groups have embraced the nuclear investments, others have pointed to long-standing concerns about safety issues, citing infamous accidents such as those at Three Mile Island, Chernobyl and Fukushima. Opponents also note the long-term issue of radioactive waste storage, and in some cases assert that nuclear can stall the growth of renewables such as wind and solar.

“With the amount of money that’s gone into this [Palisades] restart scheme already, you could develop brand-new renewable energy proposals that would be online in the same time frame producing more electricity,” said Kevin Kamps, radioactive waste specialist at Beyond Nuclear, an environmental nonprofit that opposes nuclear energy.

While more states have passed policies to give nuclear a boost, federal funding in Michigan and elsewhere could supercharge efforts to ensure plants stay open. The Department of Energy is distributing $6 billion from the federal infrastructure law to help save reactors that were slated for closure. The agency awarded funding to the California plant in the first round but has not yet announced awardees from the second round, although applications closed last May.

The agency also is overseeing a loan program — which reportedly will provide the Palisades funding — to repower or repurpose energy infrastructure.

The Department of Energy is distributing $6 billion to help save reactors that were slated for closure.

The federal climate law passed in 2022 also opened tax credits for new and existing nuclear plants, designed to incentivize clean energy production in the same way existing credits support wind and solar. Since the passage of the tax credits, Huff said, federal regulators have seen an increased interest from plant operators pursuing license renewals to extend the operating life of their reactors.

Meanwhile, the CHIPS and Science Act passed by Congress also includes funding for federal nuclear research, university programs, new research reactors, isotope production and advanced reactors.

The federal support is providing “huge stimulation” to nuclear power while working in tandem with existing state efforts, said Christine Csizmadia, senior director of state governmental affairs and advocacy with the Nuclear Energy Institute, an industry trade association.

Michigan reboot

When Palisades closed amid financial struggles in 2022, it represented roughly 5% of Michigan’s electricity supply. That has been replaced largely with natural gas generation, Cook said. The expansion of fossil fuel-based power conflicts with legislation passed last year requiring the state to move to 100% clean energy by 2040.

So when the plant’s new owner, Holtec International, announced that it was aiming to bringing the 800-megawatt plant back online, state leaders were on board. The company plans to add a pair of small modular reactors to the existing plant, bringing its capacity to 1,400 megawatts — enough to power more than a million homes. Holtec did not respond to interview requests, but company spokesperson Nick Culp told Reuters the company expects the plant to have full power operation by the end of 2025.

The $150 million in last year’s Michigan state budget to support the plant’s restart will help pay for fuel purchases and infrastructure upgrades, Cook said. Whitmer has requested an additional $150 million in this year’s budget to help bring Palisades online.

“This is really an all-hands-on-deck approach,” said Cook, citing the hundreds of union jobs that could return to the region if the plant reopens. She said the state funding was critical to show both Holtec and federal officials that there was strong support in Michigan to save Palisades. Holtec has said it could employ about 520 people at the plant.

States’ support

In recent years, many states have provided financial support to struggling nuclear plants, made nuclear eligible for clean energy credits or repealed long-standing bans on the construction of new reactors.

“We’ve seen this incredible uptick of nuclear energy legislation,” said Csizmadia, with the nuclear trade association.

Huff, the federal official, noted that several of the states that recently repealed bans on new nuclear power have many coal-dependent communities that could be “left behind” if their coal plants retire. Backers of nuclear, especially the emerging small modular reactor technology, believe old coal plants could be revived to put existing infrastructure to use in service of nuclear power and bring back high-wage jobs.

Nuclear electricity production across the country has been relatively stagnant for two decades, with plants struggling to compete with lower-cost options such as natural gas. Construction of new reactors has almost completely stopped amid regulatory hurdles and spiking project costs.

Opponents of nuclear point to the canceled projects, delays and cost overruns as proof that nuclear isn’t viable.

“This is just throwing good money after bad,” said Kamps, the anti-nuclear advocate. “We stand horrified at the actions being taken by Congress and certain state governments.”

Kamps also cited previous nuclear disasters and warned of the risks of extending aging plants.

But as states look to clean up their energy grids, some leaders say they can’t afford to lose their nuclear power.

“A lot of people believe we can power California with renewables alone and batteries,” said Carl Wurtz, executive director of Fission Transition, a pro-nuclear advocacy group. “We’re going to be tied to natural gas indefinitely if we try to do it that way.”

Wurtz was among the advocates who pushed California to extend the life of PG&E’s Diablo Canyon nuclear plant, which had been scheduled to close in 2025. He and others argued that the loss of the plant’s 2,240 megawatts — 9% of California’s electricity — would force the state to import more power generated from fossil fuels.

As with the Michigan plant, state leaders in California, including Democratic Gov. Gavin Newsom, successfully lobbied the feds for money to keep Diablo Canyon open. Last month, the Department of Energy finalized a $1.1 billion payout to extend the plant’s operations. That followed a vote from state regulators to push the plant’s shutdown date back to 2030.

Supporters of nuclear say it’s a necessary complement to wind and solar because of the reliability it provides.

“We need baseload power that runs 24/7,” said Lisa Marshall, vice president of the American Nuclear Society and assistant extension professor with the North Carolina State University Department of Nuclear Engineering. “If we’re going to make [carbon-free electricity] happen, nuclear has to be part of that mix.”

The California plant is still awaiting the renewal of its license from the Nuclear Regulatory Commission. PG&E did not respond to an interview request.

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and Twitter.

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Missouri House bill would jeopardize millions in funding to fight water pollution https://missouriindependent.com/2024/02/13/missouri-house-bill-would-jeopardize-millions-in-funding-to-fight-water-pollution/ https://missouriindependent.com/2024/02/13/missouri-house-bill-would-jeopardize-millions-in-funding-to-fight-water-pollution/#respond Tue, 13 Feb 2024 18:42:06 +0000 https://missouriindependent.com/?p=18911

State Rep. Kurtis Gregory, R-Marshall, speaks during House debate on April 27, 2022 (Tim Bommel/Missouri House Communications).

Legislation backed by Missouri agriculture groups could slash the state’s clean water enforcement, jeopardizing millions of dollars in grants and raising the specter of a federal takeover. 

A Missouri House committee Monday night considered legislation that would remove “nonpoint sources” from the definition of contamination source in the state’s water laws, which critics say would undermine state environmental regulators’ efforts to control farm runoff.

According to the fiscal note prepared for the bill, its passage could mean $4.7 million in lost funding for the Missouri Department of Natural Resources, including 17 staff members. 

The bill’s sponsor, Republican Rep. Kurtis Gregory of  Marshall, and agriculture groups that support his bill argue it offers farmers “regulatory certainty” in their operations. They fear as the law is currently written, state environmental regulators could start requiring a permit for anything and everything a farmer does. 

The goal is “making sure that no one is going to be out there (wondering), ‘Where’s the next Whack-A-Mole coming from?’”

Among the bill’s chief proponents is the Missouri Corn Growers Association. The group told Missouri House members the bill would clarify existing law. Right now, the group’s director of public policy, Derek Steen, said, the state is obligated “to be issuing permits to every farmer in every activity that’s going on on every farm.” 

“Whether you’re applying fertilizer, whether you’re putting in conservation practices, whether you’re running cattle on farm ground, is setting up the potential for a nonpoint source,” Steen said.

Steen said there “would be potentially millions of these sorts of permits out there,” though he acknowledged the state is not requiring such permits. 

“Nonpoint source” pollution refers to indirect means through which water can become contaminated. Farm fertilizers and animal waste wash off of fields, contributing nitrate and phosphorus pollution to rivers and streams. Sediment can wash from a parking lot into storm sewers and, eventually, rivers.

Southwest Missouri river’s listing as polluted may set up fight over meatpacker permit

In the Midwest, nonpoint source pollution is a major source of contamination because of the concentration of farms. Of the rivers listed by the Missouri Department of Natural Resources as “impaired waters,” 87% are there because of nonpoint source pollution.

Nutrient pollution from farms is primarily responsible for a dead zone in the Gulf of Mexico that’s currently larger than the state of Delaware. In some years, it has been as large as New Jersey.

The pollution flows down the Mississippi River into the gulf, contributing to algae blooms. When the algae dies, oxygen-consuming bacteria consumes the oxygen in the water, creating a dead zone where fish can’t survive. 

It’s impossible to impose measurable limits on nonpoint source pollution since it’s not confined. But the Missouri Department of Natural Resources has voluntary incentives and programs meant to help farmers reduce their pollution. 

Critics of Gregory’s bill fear it would jeopardize funding for those efforts, laid out in the estimated $4.7 million cost included in the bill’s fiscal note. 

State Rep. Michael Burton, a Lakeshire Democrat who serves on the committee that heard the bill, said the House Conservation and Natural Resources Committee should be focused on taking care of the environment.

“This appears to be doing the opposite,” Burton said. 

Burton also questioned the need for the bill considering that the state is not requiring permits for nonpoint source pollution. He appeared dubious of Steen’s claim that the Missouri Department of Natural Resources may start requiring the Missouri Department of Transportation to get a nonpoint source pollution permit for trucks that disperse salt during winter storms.

“I don’t see them doing that,” Burton said. “It seems like you’re really reaching there.” 

John Madras, a volunteer for the Sierra Club and former employee of the Missouri Department of Natural Resources, said nonpoint sources of pollution have been exempt from permitting requirements “from the date those laws were written.” 

“It’s never been there,” Madras said. “It’s never anticipated to be there.” 

State Rep. Doyle Justus, a Troy Republican, asked Madras, if the bill passes, whether it would make it legal for nonpoint sources to pollute MIssouris’ waters. 

Madras said: “I think it would be much more difficult to address situations where that occurs.” 

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Biden’s natural gas export pause fought over by U.S. House panel https://missouriindependent.com/2024/02/06/bidens-natural-gas-export-pause-fought-over-by-u-s-house-panel/ https://missouriindependent.com/2024/02/06/bidens-natural-gas-export-pause-fought-over-by-u-s-house-panel/#respond Tue, 06 Feb 2024 23:27:56 +0000 https://missouriindependent.com/?p=18802

Residences stand in front of a Venture Global LNG storage tank in Cameron, Louisiana (Getty Images).

Members of a U.S. House panel on climate and energy issues split along party lines Tuesday about the Biden administration’s recent move to pause new approvals of liquified natural gas exports.

Republicans called a hearing to challenge the Energy Department’s announcement last month that it would indefinitely bar new LNG permits to non-free-trade partners as it studies the impacts, including on climate change, of LNG use.

Republicans on the U.S. House Energy and Commerce Subcommittee on Energy, Climate and Grid Security blasted the move Tuesday, saying it undercut the economic and environmental benefits of natural gas and hurt the United States on the world stage.

Democrats countered that it was an appropriate time to review an industry that has tripled its export capacity in five years.

‘A handout to adversaries’

As global demand for LNG grows, the move from President Joe Biden’s administration would slow U.S. exports and allow the market to be filled with energy products from hostile nations like Russia and Iran, subcommittee Chair Jeff Duncan, a South Carolina Republican, said.

“The Biden administration’s energy policy has been a handout to our adversaries,” he said.

Full Committee Chair Cathy McMorris Rodgers, a Washington Republican, said the industry employed hundreds of thousands and was responsible for billions of dollars in economic activity.

“President Biden’s LNG export ban will end these benefits for local economies, kill American jobs and increase energy prices,” she said.

Toby Z. Rice, the president and CEO of natural gas producer EQT Corp., told the panel he viewed the move as a ban, not a short-term pause. The policy would slow the industry, he said.

“I think this is a signal that will chill investments,” he said.

Eric Cormier, a senior vice president at the business coalition Southwest Louisiana Chamber Economic Development Alliance, said a slowdown in the industry would harm other businesses, especially in the leading region for LNG exports.

“When the administration announced its decision, my cell phone rang quite a bit,” he said. “Small business owners were panicking.”

Cormier said his group “adamantly disagrees” with the pause.

LNG advocates also say the product is cleaner than coal and other fossil fuels it can replace.

And U.S. natural gas is 40% cleaner than what Russia produces, Rodgers said.

Time to ‘take a hard look’

Democrats argued it was prudent to study the climate impacts of LNG and described the pause as a relatively modest step that would provide a better analysis of the tradeoffs of natural gas production.

The Energy Department’s analysis for LNG authorizations was last updated in 2018, when the U.S. industry exported one-third of natural gas it has capacity for today, subcommittee ranking Democrat Diana DeGette of Colorado said.

The pause does not affect projects already constructed or projects that have gained Energy Department approval. It wouldn’t change a projection that LNG production would again double in the next 10 years, DeGette said.

“The fact that our nation’s production has ramped up so quickly must be considered, especially since the U.S. currently has enough approved capacity to fulfill the world’s energy needs in the short and medium terms,” she said. “Continuously increasing LNG exports without updating guidelines to account for new information is a fundamentally unserious proposal.”

The pause would allow the department to gain a wider view of all the potential benefits and drawbacks of new proposals and better assess what projects “are actually in the public interest,” DeGette said.

“Looking out to the future, as the estimates are that the exports could double, it is an appropriate time for the administration to take a hard look on what the impacts are going to be,” Florida Democrat Kathy Castor said.

Gillian Giannetti, a senior attorney with the environmental group Natural Resources Defense Council, called the pause “a moderate but important” step. She said it was consistent with the requirement in federal law that new natural gas export approvals are only permitted if they are found to be in the public interest.

Russia debate

Duncan and Rodgers said the pause would help Russian President Vladimir Putin, whose country is a leading producer of natural gas.

If the U.S. share of global supply declines, Russian natural gas could fill the gap, they said.

Even if Russia’s market share doesn’t grow, the global price impact of reduced U.S. supply could make Russian exports more valuable, allowing Putin to pump more money into a war effort against Ukraine, Kentucky Republican Brett Guthrie said.

Brigham McCown, the director of the Initiative on American Security at the Hudson Institute, a conservative think tank, agreed with that premise.

“The world is going to get its LNG from somewhere,” McCown said. “And if not from us, it’s going to be from other, less stable, less reliable partners like Russia.”

But Democrats questioned Republicans’ commitment to taking Ukraine’s side in its war with Russia.

Most of the Republicans on the panel opposed a Ukraine aid package when it came up for a vote, the full committee ranking Democrat, Frank Pallone of New Jersey, said.

DeGette noted Republicans were set to vote Tuesday afternoon on an aid package that did not include funding for Ukraine.

Energy state Democrats more skeptical

While leading Energy and Commerce Democrats praised the pause Tuesday, it has not won universal acclaim from all members of the party.

Pennsylvania’s U.S. Sens. Bob Casey and John Fetterman, both Democrats, declared in a statement last week that Pennsylvania was “an energy state” and said they were concerned about the effects of the pause.

“While the immediate impacts on Pennsylvania remain to be seen, we have concerns about the long-term impacts that this pause will have on the thousands of jobs in Pennsylvania’s natural gas industry,” they said. “If this decision puts Pennsylvania energy jobs at risk, we will push the Biden Administration to reverse this decision.”

West Virginia Democratic Sen. Joe Manchin III, a longtime supporter of fossil fuels who is reportedly considering a third-party presidential campaign on a centrist platform, strongly criticized the measure and scheduled a hearing later this week to examine the issue.

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Lawmakers hope to block Missouri water from being exported to other states https://missouriindependent.com/2024/02/01/lawmakers-hope-to-block-missouri-water-from-being-exported-to-other-states/ https://missouriindependent.com/2024/02/01/lawmakers-hope-to-block-missouri-water-from-being-exported-to-other-states/#respond Thu, 01 Feb 2024 14:00:06 +0000 https://missouriindependent.com/?p=18718

Sen. Jason Bean. R-Holcomb, on the first day of the 2024 legislative session (Annelise Hanshaw/Missouri Independent).

As climate change and groundwater pumping leave arid western states hurting for water, Missouri lawmakers are considering legislation to keep the state’s water from being shipped outside its borders. 

“You may hear about states like California and Kansas in the news having water shortages,” said state Sen. Jason Bean, a Republican from Holcomb. “We don’t want to lose our water because they’ve mismanaged theirs.”

With the Missouri River running through the middle of the state, the Mississippi along its eastern border and the Osage River that feeds the Lake of the Ozarks, Missouri is home to a host of reliable freshwater systems. But Bean and other Missouri lawmakers fear as other states grapple with a drier future, they might look to Missouri as a solution. 

“The way the federal government is throwing money around, don’t think it can’t happen,” said Rep. Jamie Burger, a Republican from Benton. “Even if it costs $10 billion to get our water from Missouri to Kansas, to California, to wherever it may be, it can happen.”

Bean and Burger introduced legislation this year that would prohibit exporting water from Missouri unless authorized by the Missouri Department of Natural Resources. It’s backed by Missouri agricultural and environmental groups and received support from Republican and Democratic legislators alike.

“I farm in Kansas with my brother and water has become an unbelievable, precious resource,” said Brent Hemphill, a lobbyist for the Missouri Soybean Association, “and I just don’t want Missouri to become Kansas.” 

Kansas sits atop the Ogallala Aquifer, a formation millions of years old that includes the largest underground store of freshwater in the nation. Since the mid-20th Century, farmers have pumped water from the Ogallala to irrigate crops, bringing parts of western Kansas within a generation of running dry.

Parts of western Kansas are parched to the point that tributaries sit dry (Allison Kite/Missouri Independent).

Burger said in an interview with The Independent that he wasn’t aware of any efforts to export water from the state aside from some longstanding agreements along the state’s borders with Arkansas and Oklahoma. 

“We just don’t want some of the western states that are struggling for water capacities to be able to pipe into our aquifers and pump our water in any direction,” Burger said. “We want to keep that for Missourians.”

Burger said the state couldn’t prohibit someone in a bordering state from pumping water that’s shared between the two — such as Illinois using the Mississippi River. 

Despite its abundant water sources, Missouri has been struggling through a prolonged drought — on and off — for more than a year and a half. As of last week, more than 80% of the state was in some level of drought, according to the U.S. Drought Monitor. Almost 14% was in a severe drought.

In July, more than one-quarter of the state was in extreme or exceptional drought.

Rep. Paula Brown, the ranking Democrat on the House’s natural resources committee, said she toured Missouri over the summer and saw bodies of water that were “frighteningly low.”

“I’ve seen the bottom of rivers and lakes that I canoed and swam in growing up as a kid,” said Brown, who is from St. Louis County, “and I am very nervous about the water in Missouri. I don’t want any of it leaving.”

Michael Berg, state political director for the Sierra Club, said the environmental nonprofit supports the purpose of the bill but wants to make sure it doesn’t harm agreements with communities along Missouri’s borders to meet water needs on both sides.

Chris Wieberg, deputy director of the Missouri Geological Survey, told a Missouri Senate committee last month that the state is seeing an increasing number of water transfer proposals. 

He cited the longshot Kansas aqueduct, a proposal pushed by groundwater managers in southwest Kansas to offset the decline of the area’s primary water resource, the Ogallala Aquifer, which has been over pumped for decades to support agriculture in the arid region.

The project, as it’s proposed, would pump water from the Missouri River in northeast Kansas hundreds of miles to the southwest. 

Groundwater Management District 3 in southwest Kansas spent thousands to truck 6,000 gallons of water from the Missouri River to farms in Wichita County and Colorado in an attempt to prove a pipeline could work, but the idea is largely dismissed by state officials.

GET THE MORNING HEADLINES.

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Agriculture built these High Plains towns. Now, it might run them dry https://missouriindependent.com/2024/01/29/agriculture-built-these-high-plains-towns-now-it-might-run-them-dry/ https://missouriindependent.com/2024/01/29/agriculture-built-these-high-plains-towns-now-it-might-run-them-dry/#respond Mon, 29 Jan 2024 15:09:42 +0000 https://missouriindependent.com/?p=18670

Brownie Wilson kneels next to a decommissioned irrigation well outside Moscow, Kan., as part of the Kansas Geological Survey’s efforts to measure the decline of the Ogallala Aquifer. Groundwater has been declining for decades because of irrigation in the eight states that rely on the aquifer (Kevin Hardy/Stateline).

MOSCOW, Kansas — Brownie Wilson pulls off a remote dirt road right through a steep ditch and onto a farmer’s field.

He hops out of his white Silverado pickup, mud covering nearly all of it except the Kansas Geological Survey logo stuck on the side with electrical tape. Dry cornstalks crunch under his work boots as he makes his way to a decommissioned irrigation well.

He unspools a steel highway tape measure a few feet at a time and feeds it into the well until gravity takes over. He keeps a thumb on it to control the speed.

How much of the tape comes out wet lets him calculate how much water has been lost here.

Wilson crisscrosses western Kansas every January to measure wells and track the rapid decline of the Ogallala Aquifer, which contains the nation’s largest underground store of fresh water.

This story, the first in an occasional series about water challenges facing the American heartland, is a partnership between Stateline and the Kansas Reflector.

Last year, some wells had dropped 10 feet or more because of the severe 2022 drought. But this year, they stayed about the same or dropped a couple feet. Some of these wells have dropped more than 100 feet since Wilson started working for the agency in 2001, he said.

“Some of our issues looking forward look gargantuan,” Wilson said. “But I do think we can peck away at it and make some headway.”

The Ogallala Aquifer, the underground rock and sediment formation that spans eight states from South Dakota to the Texas panhandle, is the only reliable water source for some parts of the region. But for decades, states have allowed farmers to overpump groundwater to irrigate corn and other crops that would otherwise struggle on the arid High Plains.

Now, the disappearing water is threatening more than just agriculture. Rural communities are facing dire futures where water is no longer a certainty. Across the Ogallala, small towns and cities built around agriculture are facing a twisted threat: The very industry that made their communities might just eradicate them.

Kansas Democratic Gov. Laura Kelly acknowledges some communities are just a generation away from running out of water. But she said there’s still time to act.

“If they do nothing, I think they’re going to suffer the consequences,” Kelly said in an interview.

Today, the aquifer supports 20% of the nation’s wheat, corn, cotton and cattle production and represents 30% of all water used for irrigation in the United States.

Depletion is forcing aquifer-dependent communities across the region to dig deeper wells, purchase expensive water rights from farmers, build pipelines and recycle their water supplies in new ways to save every drop possible.

Since the mid-20th century, when large-scale irrigation began, water levels in the stretches of the Ogallala underlying Kansas have dropped an average 28.2 feet farther below the surface, far worse than the eight-state average of 16.8 feet.

Water levels in Texas, where the Ogallala runs under the state’s panhandle, have dropped 44 feet. New Mexico has seen a 19.1-foot decline.

In Colorado, Nebraska, Oklahoma and Wyoming, the water level has declined less than the eight-state average, while in South Dakota it has risen.

While the Ogallala Aquifer presents distinct circumstances, tensions over groundwater are growing across the country, said climate scientist and author Peter Gleick, who founded the Pacific Institute, a global water think tank.

“You’re not alone,” Gleick told Kansas irrigators and policymakers at the Governor’s Conference on Water, held in November in Manhattan, Kansas. “A lot of the issues that you’re dealing with in Kansas, they’re dealing with in Arizona, and the Colorado [River] basin.”

Without drastic measures, some communities may not survive.

“I think, without a doubt, we will see some communities dry up,” Gleick said in an interview. “We’ve seen that historically, where communities outgrow a natural resource or lose a natural resource and people have to move to abandon their homes.”

‘We’re running out of water’

When Micheal Shannon got his start in local government over 40 years ago, water supplies were not top of mind.

Those days are gone.

“We’re running out of water,” said Shannon, the interim city manager in Guymon, Oklahoma. “We’re pumping our maximum. And the water levels keep coming down.”

The largest city in the Oklahoma Panhandle, Guymon relies on 18 wells to draw water from the Ogallala. But dropping water levels have forced the city of about 13,000 to explore new wells outside of town.

The city has already committed some $4.5 million to study and drill new wells, but there’s no guarantee the wells will produce a reliable water supply.

“There’s always that what if,” he said. “There could not be any water.”

The city’s largest water user and employer is a massive pork plant that slaughters and processes more than 20,000 hogs per day. The plant has voluntarily reduced water usage by nearly half during times of shortened supply.

Shannon said the city, industry and agricultural producers must work together.

“We all still want to be here the next 35, 40 years,” he said. “We know farmers are going to have to produce ag products. And the citizens of Guymon are going to have to have water.”

More than 200 miles away, several New Mexico communities are banking on more drastic measures.

A new pipeline, expected to cost more than $800 million, will bring water from the Canadian River’s Ute Reservoir to four municipalities and Cannon Air Force Base.

“This is our future, no doubt about it,” said Orlando Ortega, administrator of the Eastern New Mexico Water Utility Authority. “Without this project, none of these communities could exist for very long.”

The pipeline is being funded largely by the federal government, though four participating communities have been paying dues to the water authority for years. Officials aim to have the pipeline operational by the end of the decade.

Even so, communities will still need to get more aggressive about conserving water, said Michael Morris, who leads the water authority board and is mayor of Clovis, one of its member communities.

Morris is active in agricultural efforts to decrease pumping — such as conservation programs in the region that pay producers to stop pumping. And the city is working to expand water recycling efforts.

But he said the situation is even more dire than locals realize. Few know how close Clovis has come to seeing its water demand outpace the underground supply.

“So is there another option?” he said. “No.”

Decades of state inaction

Gina and Marc Gigot stand in front of a center pivot irrigation system on their farm outside of Garden City, Kansas. The farm has historically been among the largest water users in Kansas, but it has cut usage in recent years as part of voluntary conservation measures aimed at slowing the decline of the Ogallala Aquifer (Kevin Hardy/Stateline).

In Kansas, the Ogallala Aquifer supplies 70% to 80% of the water residents use each day. But for decades, the state’s regulation of water benefited its largest user and its largest industry: agriculture.

The once-abundant water allowed farmers to grow cheap cattle feed, attracting the feedlots, and increasingly, dairy farms, that dot southwest Kansas.

But that feed is cheap, partly because — aside from the fuel costs associated with running a well — the water is free.

A report commissioned by the Kansas legislature in 1955 warned of a future without it.

“Ground-water mining is a serious problem,” the report says.

After the grave 1955 warning, however, the state legislature only made it easier to pump the water, according to Burke Griggs, a water law professor at Washburn University in Topeka.

Griggs, formerly a water lawyer for the state, criticized Kansas lawmakers’ decadeslong posture that depletion would best be solved locally. He said it is a stance held by every governor since the 1980s.

“They want it to be voluntary. And they want it to be cooperative. They want to have local-based solutions,” Griggs said. “These are the catchwords you hear. None of them have achieved much.”

Kelly follows the same line. The second-term governor recently signed a law mandating more reporting and planning from groundwater management districts and created a new subcabinet to coordinate water issues across agencies. But she hasn’t wavered from her position that water conservation efforts are most effective when they are voluntary.

“Things are more likely to work out in the long run and succeed if there is local buy-in, and local commitment and the idea is generated locally — rather than the state wielding that heavy hammer,” Kelly said.

But even some farmers want the state to step in, water policy watchers say.

“Many families who are trying to make a living from farming, and who would like to keep farming on their own land, are just waiting for the state to step in and help them fix this. Most people agree that we need fair, enforceable and transparent rules to get this turned around,” said Lucas Bessire, a professor of anthropology at the University of Oklahoma who grew up in southwest Kansas.

Voluntary efforts in action

For the first time since their father dug an irrigation well in the dusty sandhills of southwest Kansas more than 50 years ago, Gina and Marc Gigot’s farm isn’t growing corn.

The sibling farmers are trying to preserve the precious water below their land outside Garden City.

For decades, the Gigot family has benefited from drawing groundwater to the surface to grow bright green circles of crops where the sandy soil is otherwise so dusty it might blow away.

As Marc’s pickup bumps along the farm’s private roads, he and Gina point to the electric systems and water pipes laid by their father. Some of the massive center pivot systems use the same parts he installed 50 years ago.

To extend the life of the aquifer, the siblings are opting for fewer water-intensive crops and grazing cattle. The farm has historically been among Kansas’ largest water users, irrigating 9,000 acres, but they’ve cut their usage in recent years and committed to another 10 years of voluntary water conservation.

In exchange, they get more flexibility in how they use the water. As long as they hit their five-year goal, they can pump more water in drought years.

Beyond that, they’re partnering with Garden City, the largest city in southwest Kansas and a major agricultural hub. Garden City’s municipal water wells sit right next door to the Gigot farm, which can directly impact the city’s ability to supply drinking water.

To keep more water underground, Garden City will soon divert treated wastewater to the Gigot farm — rather than continuing to dump it into the bone-dry bed of the Arkansas River. That will allow the farm to turn off some wells.

“It’s not really a situation where either the city gets what they need or the irrigators get what they need. It is way more symbiotic,” said Fred Jones, who oversees Garden City’s water.

In northwest Kansas, a group of farmers voluntarily cut their water usage by 20% through a five-year conservation program with the state. They switched from corn to wheat or grain sorghum and used irrigation more strategically. Farmers in the area exceeded their goal and cut use, on average, 23.1% over the initial five-year period and slowed the decline of the aquifer from 2 feet per year to less than half a foot.

Still, the Gigots said the state must force other producers to cut back.

Even Kansas Farm Bureau President Joe Newland said he’s fearful that voluntary efforts aren’t enough.

Newland, a former Kansas Republican legislator, offered an amendment in 2022 that effectively sank a massive bill designed to make the aquifer a higher priority in state government, impose more requirements on local groundwater officials, and give communities a greater voice in decisions over water.

In Kansas, the agricultural industry, led in part by Newland, has largely pushed back against aggressive water restrictions, instead calling for voluntary conservation measures. But Newland worries that those voluntary measures haven’t saved enough water, which could eventually push the state to hand down strict mandates.

“I’m always hopeful and prayerful that people realize just how important it is that we’re doing this on a voluntary basis and not ever have to go through a mandatory situation,” he said. “But that’s going to be determined in the near future how this works, because, as I said, we don’t have decades to fix this problem.”

Kansas towns take the lead

Few places evoke the Old West like Dodge City, where Wyatt Earp patrolled the lawless streets rife with gambling, saloons and shootouts.

Today, the city proudly displays remnants of those days at the Boot Hill Museum, which contains a reproduction of the legendary Long Branch Saloon and an Old West photo booth for visitors.

But the former frontier outpost has embraced some of the state’s most progressive water strategies.

“We were recycling before recycling was cool,” said City Manager Nick Hernandez, who highlighted water reuse efforts that began in the 1980s.

Effluent from one of the city’s wastewater treatment plants keeps a golf course green. Another plant sends about 1.8 billion gallons of treated wastewater to irrigate 3,000 acres of crops at a nearby farm, reducing the need for aquifer pumping.

Another project aims to directly recharge the aquifer with treated wastewater. That will not only help protect the city’s quantity of water, but also prevent contamination from agricultural runoff like nitrates by keeping the hydraulic pressure up in city wells, he said.

That project is expected to cost $60 million. Dodge City, home to about 28,000 people, is seeking federal and state assistance for the effort. But even without grants, Hernandez said that would prove cheaper than buying water rights and digging new wells.

All those projects are building toward treating the city’s sewage directly into drinkable water — still an emerging idea in most parts of the country. That would allow the city to decrease demand on groundwater by continually reusing its water.

“We all have a concern about the stability of the aquifer because that’s our lifeline,” said Ray Slattery, the city’s director of engineering services. “But I feel very good about where the city is, and what we’ve done in the past to conserve. We knew it was important and so we took steps way before it became a problem.”

Communities such as Dodge City offer a glimpse into the future of municipal water supplies in the region, said state Rep. Jim Minnix, a Republican who represents part of western Kansas and leads the House Water Committee.

Minnix, who raises cattle and farms both dryland and irrigated crops, said cities and farms alike must adapt. Cities need to continue embracing water recycling efforts, reduce lawn watering and encourage more efficient appliances. Farmers, he said, should embrace new technologies such as more efficient irrigation systems and drought-resistant crops.

“You’d be amazed at the water quantity that’s actually being saved out there from what had been done 40, 50 years ago,” he said. “As a farmer myself, I know a lot of little things add up to something that’s really worthwhile. And to maintain our aquifer and our economy out here is absolutely worthwhile.”

But the way Connie Owen, director of the Kansas Water Office, sees it, change is coming to both agricultural and municipal water users one way or another.

“If we don’t adapt to different behaviors, it will run dry,” she said. “And that will cause the economic devastation that everyone fears with restrictions.”

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Major changes in federal flood insurance program urged by U.S. Senate panel https://missouriindependent.com/2024/01/25/major-changes-in-federal-flood-insurance-program-urged-by-u-s-senate-panel/ https://missouriindependent.com/2024/01/25/major-changes-in-federal-flood-insurance-program-urged-by-u-s-senate-panel/#respond Thu, 25 Jan 2024 20:59:18 +0000 https://missouriindependent.com/?p=18631

CAPTION: River water floods West Williams Street on Sept. 2, 2021 in Lincoln Park, New Jersey. N.J. Gov. Phil Murphy declared a state of emergency as Tropical Storm Ida caused flooding and power outages throughout New Jersey as the Northeast was hit by record rain and tornadoes (Michael M. Santiago/Getty Images).

 

WASHINGTON — Congress has spent more than six years avoiding its responsibility to reauthorize the National Flood Insurance Program, using a series of stopgap bills to extend the life of the program that has issued nearly 5 million policies.

The lackadaisical approach to brokering a five-year reauthorization of the program was one of several topics the U.S. Senate Banking, Housing and Urban Affairs Committee discussed Thursday during a hearing on challenges local communities have with flooding and the federally run insurance program.

“Flooding is the most common and costly natural disaster facing the country,” said Ohio Democratic Sen. Sherrod Brown, chairman of the committee. “It’s devastating to families and businesses and communities in every state.”

The National Flood Insurance Program, he said, is not only responsible for writing policies for homeowners and businesses but for trying to mitigate the impacts of future flooding.

Scott criticizes outdated maps, lack of data

South Carolina Republican Sen. Tim Scott, ranking member on the panel, said that Congress must implement “substantial reforms” when it reauthorizes the NFIP.

“The program is financially insolvent with over $20 billion in debt,” Scott said. “Instead of educating communities and homeowners on the risks they face, the program’s outdated flood maps and lack of transparent data often obscures the risks.”

The NFIP pays out about 30% of its “resources” to roughly 1% of “properties that consistently and repeatedly are flood victims again and again and again,” Scott said.

“That’s an opportunity for us to look to the local communities to create strategies to perhaps not rebuild there,” Scott said, adding that Congress cannot allow the program to lapse.

Scott also noted that at some point lawmakers need to talk about a “comprehensive” approach to catastrophic events, noting that different regions of the country experience different natural disasters like wildfires, tornadoes and hurricanes.

“If you live in America, the fact is simple — we, the taxpayers, have paid out hundreds of billions of dollars over the last 10 years because of catastrophic occurrences,” he said.

Lawmakers need to address how the size and scope of all natural disasters impacting homeowners and the economy, especially when the cost of repairing or rebuilding reaches a level that private insurance companies cannot handle, he said.

“Without that comprehensive approach, we really are missing the target by a mile,” Scott said.

Louisiana flooding

Louisiana GOP Sen. Bill Cassidy said affordability of NFIP policies is becoming increasingly difficult for homeowners or businesses in particularly flood prone areas, including his home state.

“NFIP’s new risk assessment policy called Risk Rating 2.0 has made flood insurance simply impossible to afford; in some cases policies rising over 1,000%,” he said.

“At this point, we know that we’re in an actuarial death spiral, where people will be dropping insurance because they can no longer afford (it); therefore a smaller number of people for whom to put on the risk. Therefore, more expensive premiums and therefore more people drop,” Cassidy added.

Michael Hecht, president & CEO of Greater New Orleans, Inc., testified that the new pricing system for flood insurance has caused some premiums to increase substantially, leading to significant problems for people and business owners who need to operate along the coast.

Hecht told the committee that 50% of U.S. grain exports leave through the port of South Louisiana and that the new pricing should take that into account.

“If our workers cannot live there, this is going to have impacts on our ability to supply America and the world with food,” Hecht said.

The Federal Emergency Management Agency, which manages the NFIP, projects that about 900,000 people will cancel their policies, representing a 20% drop in participants, he said.

Congress should take that into consideration when it reauthorizes the NFIP by requiring a “thorough and holistic analysis of economic impacts, mandating FEMA’s transparency through the release of a usable public facing risk calculator and also a rating appeals process,” Hecht said.

The cap on insurance premium increases should be lowered from 18% to 9%, he said.

Daniel Kaniewski, managing director at Marsh McLennan insurance company, told the committee that hazard mitigation is one of the more important things that Congress can do to address the costs of flooding and recovery.

“Not only does it protect existing homeowners against their existing risk, it helps protect homeowners in the future and …  anyone else who purchases that home in the future against future risks,” Kaniewski said. “It also gets at the affordability issue, because if you’ve reduced your risk, you should also be able to reduce your rates.”

Flood insurance out of reach for some families

Steve Patterson, the mayor of Athens, Ohio, told senators that rising prices for some flood insurance policies will price them out of many families’ budgets.

“In Athens and Athens County, the median household income is around $42,000, so it’s much lower than the national average,” Patterson said.

“It is a challenge to have that added burden, especially those who are living within the floodplains within the city and throughout the county,” Patterson added. “It’s going to be an exceptional burden on them to echo the already existing cost of living increases that we’re all experiencing.”

New Jersey Democratic Sen. Bob Menendez said that pricing people out of the National Flood Insurance Program creates issues for those homeowners if they eventually experience flooding as well as for the policyholders left in the NFIP.

“Insurance is about spreading risk, right?” he said. “The wider the pool, the less the costs. The smaller the pool, the higher the cost. And that drives people out at the end of the day.”

 

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One of nation’s only aluminum smelters set to close in Missouri Bootheel https://missouriindependent.com/2024/01/25/one-of-nations-only-aluminum-smelters-set-to-close-in-missouri-bootheel/ https://missouriindependent.com/2024/01/25/one-of-nations-only-aluminum-smelters-set-to-close-in-missouri-bootheel/#respond Thu, 25 Jan 2024 18:30:24 +0000 https://missouriindependent.com/?p=18622

Workers at the Magnitude 7 Metals plant in Marston, which announced it was closing Wednesday (photo submitted).

One of the nation’s last primary aluminum smelters, which employs more than 400 workers in the Missouri Bootheel, will reportedly close its doors.

The Magnitude 7 Metals plant, in the southeast Missouri town of Marston, announced Wednesday it would curtail operations, according to Industrious Labs, an industry analysis group. In a press release, Industrious Labs said the plant represents about one-fifth of the nation’s aluminum production.

Sen. Jason Bean, a Republican from Holcomb who represents New Madrid County, said his office received no advanced warning that the closure was coming.

“It’s absolutely devastating to our area,” Bean said Thursday afternoon. “Just awful.”

Clean energy groups, including Renew Missouri and the Sierra Club, blamed the closure on the smelter’s dependence on fossil fuels. James Owen, executive director of Renew Missouri, said the plant’s loss “cannot be overstated.” 

“This is devastating news for Missouri and the Marson community,” Owen said in the release. “The smelter provided a lifeline to the entire community, providing both good union jobs and taxes to the local economy.”

Missouri House Minority Leader Crystal Quade, a Springfield Democrat who is running for governor, quickly filed legislation Wednesday in an effort to save the smelter. 

“As we all saw during the COVID-19 pandemic, local and domestic supply lines are essential to keep our economy functioning normally,” Quade said. “Keeping this smelter open saves jobs and ensures Missouri serves an integral role in keeping America safe, secure and prosperous.” 

U.S. Sen. Josh Hawley wrote to President Joe Biden Thursday, urging him to use the Defense Production Act to keep Magnitude 7 Metals open because of aluminum’s use in planes, cars, solar panels and military equipment. Hawley said doing so would “preserve good-paying union jobs and safeguard national security.”

“Not only is this development a devastating blow to working families and good-paying union jobs in my state,” Hawley wrote to Biden, “but it directly threatens the national economic security of the United States.”

A local TV station in New Madrid County reported workers at the aluminum smelter had received a letter saying “most employees will no longer be required after January 28.” The letter says, however, the plant will continue looking for investors and “look for ways to restart the smelter in the future.” Circumstances that led to the closure “were not reasonably foreseeable,” the letter claims. It blames recent cold weather for severely impairing the plant’s operations.

However, Quade’s chief of staff, Marc Powers, said in an email that the plant’s owner Matt Lucke confirmed the coming closure in a meeting with Powers and members of Gov. Mike Parson’s staff more than a month ago. And Quade wrote to Parson in November about the possibility of a closure if the plant didn’t find a buyer.

But the Magnitude 7 closure was not listed among layoff notices listed on the Missouri Office of Workforce Development’s website under the Worker Adjustment and Retraining Notification, or WARN, Act. The law, requiring employers to provide notice 60 days before mass layoffs, exempts companies in cases where layoffs arise from “unforeseeable business circumstances.”

Lucke declined to comment. Parson’s office could not immediately be reached for comment.

Magnitude 7, which acquired the plant from Noranda Aluminum in 2018, was under a consent decree with the state — along with a nearby coal-fired power plant — for sulfur dioxide pollution.

Because of the two operations, part of New Madrid County had triple the limit of sulfur dioxide in the air, putting it out of compliance with Environmental Protection Agency standards. The compound, a component of acid rain, can exacerbate breathing and heart issues. 

Magnitude 7 had intended to build a $7 million, 213-foot stack to dissipate emissions concentrated in New Madrid County. 

Missouri lawmakers last year included an $8.5 million loan in the budget for Magnitude 7. The loan raised constitutional questions, and Gov. Mike Parson, a Republican, vetoed that line in the budget

Quade’s bill is an attempt to lower energy costs for the smelter. Electricity is the largest single cost to aluminum smelters, according to a 2022 Congressional Research Service report. 

The bill would encourage electric utilities to add more renewable and natural gas energy to its portfolio to lessen its dependence on coal. It would also allow a third-party renewable energy provider to generate electricity onsite and provide it directly to the smelter.

This story was updated at 4:15 p.m. to include comments from U.S. Sen. Josh Hawley.

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Federal audit: More information on foreign-owned agriculture land needed https://missouriindependent.com/2024/01/23/federal-audit-more-information-on-foreign-owned-agriculture-land-needed/ https://missouriindependent.com/2024/01/23/federal-audit-more-information-on-foreign-owned-agriculture-land-needed/#respond Tue, 23 Jan 2024 11:55:11 +0000 https://missouriindependent.com/?p=18572

(USDA Natural Resources Conservation Service photo by Brandon O’Connor).

Federal records on foreign-owned agricultural land include errors, lack details on subsidiaries and secondary owners, and are not provided to other government agencies in a timely manner, the U.S. Government Accountability Office reported in a recent audit.

Foreign companies are required to disclose land purchases or leases to the United States Department of Agriculture as part of the Agriculture Foreign Investments Disclosure Act (AFIDA) of 1978. Agencies like the Department of Defense and the Department of the Treasury use the information to evaluate potential safety concerns, such as a foreign entity purchasing land near a military base.

“However, according to DOD officials, they need to receive AFIDA information more than once a year, and they need information that is more up-to-date and more specific to help them identify relevant non-notified transactions and consider potential national security risks,” stated the GAO report, which was released on Jan. 18.

Foreign-owned land — which has increased by 40% since 2016 — has received increasing attention from government officials and politicians recently, including specific cases of Chinese companies buying land near Air Force bases in Texas and North Dakota.

Several states have imposed new laws banning foreign ownership of land and some members of Congress have proposed specific bans on companies with ties to China, North Korea, Russia and Iran.

The USDA has said it needs more funding to accurately inspect land ownership records and to meet a 2025 deadline of creating an online submission process. Foreign-owned companies currently submit records via mail or directly to local county offices.

As part of its 62-page report, the GAO audit agreed that more funding may be needed. It also offered six recommendations:

  • The Secretary of Agriculture should establish a process to provide detailed and timely AFIDA transaction data relevant to foreign investments in agricultural land to the Committee on Foreign Investment in the United States (CFIUS), an interagency committee that reviews certain foreign business transactions.
  • Clearer and specific instructions should be given to USDA staff and county employees for completing AFIDA responsibilities, including reviewing the accuracy of forms and identifying missing information.
  • The Secretary of Agriculture should oversee an analysis of whether the USDA can satisfy the requirements of developing an online submission system and public database within its expected budget. If the analysis shows that the agency would be unable to meet the requirements, USDA should report the results to Congress and recommend appropriate legislative changes.
  • USDA should improve its verification and monitoring of collected AFIDA data, such as reviewing and validating information throughout the data collection process.
  • USDA should continue data mining activities that compare AFIDA information with other records to identify suspected non-filers.
  • The Secretary of Agriculture should direct the chief operating officer of the Farm Production and Conservation Business Center to ensure its AFIDA reporting is complete, such as incorporating country information from additional foreign persons beyond the primary investor.

USDA officials said they agreed with most of the recommendations but had concerns about the sixth “without additional financial resources and personnel,” according to a letter from Gloria Montaño Greene, a deputy under secretary at USDA.

The USDA said it already planned to start providing data this year on companies with secondary ownership and other associations with China, Russia, Iran and North Korea. The GAO praised that step but said it was important to start reporting beyond the first tier of ownership, such as subsidiaries.

“This information is key to a comprehensive picture of foreign investments in agricultural land,” the GAO report stated.

Foreign-owned land growth has been most significant in Midwestern states like Oklahoma and Nebraska. Despite attention on Chinese-owned companies, most are European or Canadian companies buying or leasing land for wind and solar energy.

Several states have enacted laws in recent years to limit foreign ownership and the GAO report acknowledged better AFIDA records would help local enforcement.

“Some state laws incorporate AFIDA data into measures to monitor and enforce restrictions on foreign investment in U.S. agricultural land,” the GAO report stated. “However, during a March 2023 congressional hearing, the Secretary of Agriculture explained that USDA is reliant on foreign persons to self-report AFIDA information. The Secretary noted self-reporting is challenging to enforce because deeds are filed in over 3,000 county recorder offices. In September 2023, another USDA official noted that USDA cannot locate AFIDA filings beyond the county level, such as specific localities, and there is currently no system which tracks deeds or leases of agricultural land.”

In Oklahoma, a law approved last year seeks to stop Chinese-backed companies from buying agricultural land for marijuana production.

Arkansas officials recently told a subsidiary of Chinese-owned Syngenta Seeds, LLC, that it must sell 160 acres of land after that state passed its own law banning ownership by companies from China.

The company in Arkansas is not listed in AFIDA records, an example of how records often lack information beyond the primary investor, an Investigate Midwest analysis recently found.

In some cases, land holdings are counted multiple times in AFIDA records, the GAO report stated.

As part of its research for the report, the GAO interviewed two members of Investigate Midwest’s newsroom about their reporting on and analysis of foreign-held agricultural land.

This article first appeared on Investigate Midwest and is republished here under a Creative Commons license.

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Health risks from nuclear contamination in St. Louis denounced at congressional hearing https://missouriindependent.com/2024/01/18/health-risks-from-nuclear-contamination-in-st-louis-denounced-at-congressional-hearing/ https://missouriindependent.com/2024/01/18/health-risks-from-nuclear-contamination-in-st-louis-denounced-at-congressional-hearing/#respond Thu, 18 Jan 2024 23:15:29 +0000 https://missouriindependent.com/?p=18538

U.S. Rep. Cori Bush of Missouri said past mismanagement of nuclear plants and waste sites put communities at severe health risks — impacts the federal government hid for decades (Drew Angerer/Getty Images).

The United States should not expand nuclear energy use, at least until the federal government can make up for the harms caused by previous nuclear projects, U.S. Rep. Cori Bush of Missouri said at a congressional hearing in Washington, D.C., on Thursday.

Bush cited the health problems nuclear waste has caused to many in her predominantly Black St. Louis-area district.

This story is part of a national series looking at the legacy of nuclear weapons development and testing in the United States, and an expanding understanding of who was harmed.

Bush, a Democrat who is aligned with the party’s progressive wing and serves as the ranking member on the U.S. House Oversight & Accountability subcommittee that held the hearing, said past mismanagement of nuclear plants and waste sites put communities at severe health risks — impacts the federal government hid for decades.

Bush alluded to an investigation last year by The Missouri Independent, MuckRock and The Associated Press that found private companies and the federal government for decades downplayed potential health risks of contamination in the St. Louis region.

In internal memos dating to the 1940s, they minimized health risks from exposed nuclear waste leaching into groundwater and neighborhood creeks as “slight,” “minimal” or “low-risk.” Residents in the area were never warned of the dangers.

“Records released last July showed that the federal government both hid and downplayed the risks of this radioactive waste in St. Louis for nearly 75 years,” Bush said in an opening statement Thursday.

“Action needs to be taken to remediate the damage that … has already been done before we start talking about expanding nuclear energy in this country,” she said. “We have a responsibility to both fix — and learn from — our mistakes before we risk subjecting any other communities to the same exposure.”

Nuclear waste in general has been “especially” harmful for communities of color, Bush said.

A state analysis showed that effects from radioactive waste that contaminated St. Louis’ Coldwater Creek and the surrounding area led to harmful health outcomes, Bush said.

Brain cancer and other cancers related to the nervous system were 300% more common in children in eight ZIP codes near Coldwater Creek than the national average, she said, citing a state analysis. Breast, colon, prostate, kidney and bladder cancers were also significantly more common, she added.

Bush renewed a call for a field hearing in her district to examine the issue. Her comments came at a hearing of the U.S. House Oversight & Accountability Committee Subcommittee on Economic Growth, Energy Policy, and Regulatory Affairs focused on how to further nuclear energy use.

Subcommittee Chairman Pat Fallon, a Texas Republican, said committee staff was working on Bush’s request for a field hearing, but that her concerns weren’t relevant to Thursday’s hearing.

“I think we’re talking about properly stored nuclear waste,” he said after Bush’s statement.

Nuclear power potential

Fallon described himself as “a proponent of the all-of-the-above approach where we use oil, natural gas, clean coal, wind, solar, hydro and — of course — nuclear.”

Nuclear power is among the most powerful and cleanest forms of energy available, providing more than 70% of U.S. non-greenhouse gas-emitting power, Fallon said.

Kathryn Huff, the assistant secretary at the U.S. Energy Department’s Office of Nuclear Energy, told the committee that nuclear energy should be part of the national strategy to transition away from carbon-emitting energy sources.

At the United Nations climate summit late last year, President Joe Biden and other countries committed to tripling nuclear energy capacity by 2050. Biden has requested $2.16 billion in supplemental funding for long-term enrichment programs, she said.

Huff said the government has stored and transported nuclear fuel without incident for 55 years, but acknowledged that storage and disposal of nuclear fuel could be controversial. The department would seek a “consent-based” approach to siting nuclear processing and waste sites, she said. 

“But the promise of new and advanced reactors can only be responsibly realized in conjunction with progress on the long-term management of their U.S. nuclear fuel,” she said. “A consent-based approach is not only the most equitable and just way to approach siting but also represents our best chance of success.”

Nuclear waste and environmental justice

A sign warns of radioactive material at the West Lake Landfill in Bridgeton. Thousands of tons of nuclear waste from the Manhattan Project were dumped there in the 1970s (Theo Welling/Riverfront Times).

Bush told Huff that “consent is definitely a good start,” to improving the process for making siting decisions.

But she and other Democrats raised issues about the health impacts from nuclear power, especially in communities of color.

New Mexico Democrat Melanie Stansbury said the government never apologized for the effects people in her state suffered from the testing of the first atomic bomb.

“New Mexico has been a dumping ground for nuclear waste since the 1940s,” she said.

The problem of nuclear storage still troubles the state, she added.

And despite talk of consent-based siting decisions, the U.S. Nuclear Regulatory Commission licensed a nuclear facility over numerous requests not to approve the site from local, state and federal officials, she said.

“The NRC licensed a nuclear facility in New Mexico in May of last year against our dissent,” she said. “And we are not OK with that.”

The comment came after Stansbury’s five minutes for questioning had expired, and she struggled to speak over Fallon’s gavel and calls that she was out of order.

“You know what, it is out of order to dump nuclear waste in our communities,” she said.

“I agree,” Fallon responded. “But you didn’t remove one bit of nuclear waste by being out of order here.”

Ohio Democrat Shontel Brown also noted that nuclear waste sites have historically “been far more likely to be placed in close proximity to communities than their white counterparts.”

She noted the inherent health risks involved in those placements and asked Huff and Daniel Dorman, the executive director for operations for the U.S. Nuclear Regulatory Commission, how the Biden administration was handling issues of environmental justice, a movement that seeks to address the disproportionate impacts of pollution and other environmental problems on underserved communities.

Huff said the Energy Department added community benefit plans as part of the application process for grants, which provided a way “to incorporate the concerns and needs of historically underserved and Black and Brown communities.”

 Dorman added that the commission has updated its longstanding objectives on environmental justice strategy and had recently updated its strategy with a focus on outreach efforts. 

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‘The fight isn’t over’: Idaho downwinders persist after Congress cuts compensation for them https://missouriindependent.com/2024/01/17/the-fight-isnt-over-idaho-downwinders-persist-after-congress-cuts-compensation-for-them/ https://missouriindependent.com/2024/01/17/the-fight-isnt-over-idaho-downwinders-persist-after-congress-cuts-compensation-for-them/#respond Wed, 17 Jan 2024 14:00:05 +0000 https://missouriindependent.com/?p=18492

Tona Henderson is the director of the Idaho Downwinders, a nonprofit that advocates for Idahoans to receive government compensation if they were impacted by nuclear fallout in the mid-20th century. In the image above, Henderson looks through a dense album of pictures, newspaper clippings and other documents related to nuclear fallout in Idaho (Mia Maldonado/Idaho Capital Sun).

For nearly two decades, Tona Henderson collected newspaper articles, letters and photographs documenting who in the small town of Emmett, Idaho, was diagnosed with cancer, including her own family.

The result is a wall in her home covered in pictures and pages displaying the names of community members who may have been exposed to lethal radiation during the country’s Cold War-era nuclear weapons testing program.

This story is part of a national series looking at the legacy of nuclear weapons development and testing in the United States, and an expanding understanding of who was harmed.

Henderson is the director of the Idaho Downwinders, a nonprofit representing people who lived in Idaho between 1951 to 1962 when the United States tested nuclear weapons aboveground in Nevada. She has been a leading advocate for the federal government to provide financial compensation to Idahoans impacted by that nuclear testing, which sent radiated clouds beyond Nevada’s boundaries to other neighboring states, including Idaho.

This December was the closest Congress has gotten to passing legislation that would have provided compensation to Idahoans who developed cancer after radioactive contamination and exposure, she said. But Congress ultimately removed a provision that would have expanded and extended the Radiation Exposure Compensation Act to include Idahoans who were “downwind” from radioactive fallout. Currently, only two dozen downwinder counties in Arizona, Nevada and Utah are included in the program. 

Despite that setback, Henderson said she won’t abandon the cause, and remains committed because she hopes to fulfill a promise she made to a friend.

Among her collection of photos of Emmett residents diagnosed with cancer sits a photo of Sheri Garmon, who died in 2005 at the age of 53 while advocating for an expansion of the federal radiation compensation program to help Idahoans. 

“Sheri Garmon spent the last year of her life fighting this, and I told her I would not give up on it,” Henderson said. “This is the promise I made to her 20 years ago.”

Counties among the most impacted by nuclear testing

Born in 1960 and raised on a dairy farm in Emmett, Henderson told the Idaho Capital Sun that she believes the leading cause of cancer in her family is exposure to radioactive contamination from nuclear testing in Nevada. 

Gem County, along with Idaho’s Custer, Blaine and Lemhi counties, are among the top five in the U.S. that were most affected by fallout from Nevada nuclear tests in the mid-20th century, according to research by the National Cancer Institute.

The Nevada Test Site is located 65 miles north of Las Vegas, and it was one of the most significant nuclear weapons test sites in the country. After concluding the Trinity Test Site in Alamogordo, New Mexico, presented too great of a risk to nearby civilian populations, the U.S. military and the Atomic Energy Commission centered on the Nevada desert due to its perceived lack of radiological hazards and “the public relations problem related hereto.” President Harry Truman authorized the establishment of the site in December 1950. 

Between 1951 and 1992, the U.S. government conducted roughly 1,000 nuclear tests at the Nevada site, of which about 100 were atmospheric and more than 800 took place underground, according to the Atomic Heritage Foundation.

Even though just a few thousand people are said to have lived within a 125-mile radius downwind of the Nevada Test Site, government planners miscalculated the extent and wide geographic range of the radioactive fallout.

Henderson’s parents were married a couple of weeks after the federal government detonated what was called the “How” bomb on June 5, 1952.

“Less than 20 days later, they had a church wedding, and their reception was outside in the grass at my uncle’s house, and all of these people were in radiation,” Henderson said in an interview while gesturing to a photo of her relatives at the wedding. “All of these people that are in here had some weird medical complications, or they had cancer.”

Both of her parents developed cancer. And her two older brothers, born in 1953 and 1955, did too. Henderson said she believes they developed cancer because they grew up drinking contaminated milk from the cattle they raised.

According to the National Cancer Institute, American children at the time faced a high risk of developing thyroid cancer if they consumed milk from pastures where cows and goats grazed that were contaminated with iodine-131 — a radioactive element that is released into the environment during nuclear weapons testing.

Children, with smaller and still-developing thyroids, consumed more milk than adults, placing them at greater risk for cancer because of the concentration of iodine-131 in the thyroid gland.

Emmett is a tight-knit community, Henderson said. The population stands at about 8,000 people today, according to the latest census numbers. She used to run a doughnut shop in town, and customers, knowing her role in tracing diagnoses, would tell her about locals facing cancer. From 2004 to 2019, she said she recorded hundreds of instances of cancer diagnoses among Emmett residents who were present during the testing period.

“That’s a lot of people for such a small town,” she said. “The fight isn’t over.”

Idaho downwinders still uncompensated

The Radiation Exposure Compensation Act was approved by Congress in 1990, and it provides financial compensation to people who developed specific cancers and other serious illnesses from exposure to radiation during nuclear testing. 

RECA expanded in 2000, and aims to acknowledge the federal government’s role in causing disease in its citizens. If a person can prove that they contracted one of the compensable diseases after working or living in an area for a specific period of time, they qualify for one-time lump sum compensation to help pay their medical bills.

But Idaho downwinders aren’t yet covered.

RECA provides compensation to three populations: 

  • Uranium miners, millers and ore transporters, who may be eligible for up to $100,000
  • “Onsite participants” at atmospheric nuclear weapons tests, who may be eligible for up to $75,000
  • People in certain states who lived downwind of the Nevada Test Site and may be eligible for up to $50,000

Under the original RECA program, only individuals who lived in parts of Utah, Nevada and Arizona between 1951 and 1958 and during the month of July 1962 were eligible. 

The expansion would have broadened the geographic downwinder eligibility to include Idaho, Montana, Colorado, New Mexico and the territory of Guam, along with more regions in Utah, Nevada and Arizona.

Henderson said it was devastating to discover that Congress had stripped the RECA expansion from the national defense budget bill in December. By investigating cancer in her family and Idaho community, she said she has become an “encyclopedia” on nuclear issues something she said she never wanted to become. 

“It was pretty hard to realize that it’s been 20 years of doing this work,” Henderson said. “It doesn’t seem like we’ve gotten anywhere. I didn’t sign up for it, but I definitely can’t walk away and leave it.”

RECA program short on time

RECA legislation cleared the U.S. Senate in July on a 61-37 vote, and it would have extended the program for 19 years. As things stand, it’s set to expire in June. 

U.S. Sen. Mike Crapo, R-Idaho, has been a longtime Senate lead on RECA, and efforts have received broad bipartisan support. Last year, he worked alongside U.S. Sens. Josh Hawley, R-Missouri, and Ben Ray Luján, D-New Mexico.

Henderson said she invited Crapo to a rally at Emmett City Park in 2004 to hear the stories of people who had been diagnosed with cancer after living downwind from the Nevada Testing Site.

“Far too many innocent victims have been lost to cancer-related deaths from Cold War era above-ground weapons testing,” Crapo said in a statement.  “The Senate’s passage of this amendment is an important step toward future enactment of this legislation, which will mean Idahoans and Americans who have suffered the health consequences of exposure to fallout from nuclear weapons testing will finally start to receive the compensation they rightfully deserve.”

When RECA was cut from the defense bill, Crapo said in a speech before the U.S. Senate that the federal government’s tests of nuclear weapons poisoned thousands of Idahoans.

“When America developed the atom bomb through the Manhattan Project, and tested those weapons through the Trinity Test, our country unknowingly poisoned those who mined, transported and milled uranium, those who participated in nuclear testing, and those who lived downwind of the tests,” he said.

Crapo vowed to keep working to expand and extend the program before it expires this spring. 

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Radius: The legacy of America’s nuclear weapons testing program from States Newsroom and MuckRock https://missouriindependent.com/2024/01/17/radius-the-legacy-of-americas-nuclear-weapons-testing-program/ https://missouriindependent.com/2024/01/17/radius-the-legacy-of-americas-nuclear-weapons-testing-program/#respond Wed, 17 Jan 2024 13:00:00 +0000 https://missouriindependent.com/?p=18490

(Photo illustration by Tyler Gross)

The Trinity explosion, 16 milliseconds after detonation on July 16, 1945. The viewed hemisphere’s highest point in this image is about 660 ft. (Berlyn Brixner / Los Alamos National Laboratory / Public Domain)

Americans are typically told the story of the scientists who built the atomic bomb as an intellectual race for the world’s most powerful weapon during wartime. 

More than 100 atmospheric weapons tests were conducted in the U.S. and its territories between 1945 and 1962. It resulted in widespread radioactive fallout across much of the U.S., largely spread by prevailing winds and rain. In addition, contaminated waste was shipped and haphazardly stored across the country, creating new toxic Superfund sites stretching from Colorado to New York. 

The narrative skips radioactive fallout all over the United States — in towns near the first blast, neighborhoods downwind of testing sites, villages next to uranium mines or suburbs by nuclear waste dumps. U.S. residents have lived in these places and died young from cancers and other illnesses, or given birth to babies with uranium in their bodies

Unless the Radiation Exposure Compensation Act is extended, claims have to be postmarked by June 10, 2024, according to the Department of Justice.

The Radiation Exposure Compensation Act is set to expire this summer. Since the radiation program first was created in the 1990s, more than 54,000 claims have been processed for those affected. But not everyone has been eligible. 

Thousands more could have been recognized and compensated with legislation proposed in Congress last year. The measure cleared the Senate with bipartisan support but was struck from the final version of a massive defense spending bill as lawmakers haggled over details in the House. 

The latest, March 7: Expansion of the federal radiation compensation fund passes the U.S. Senate with White House support; now faces House vote

Source New Mexico: RECA expansion passes U.S. Senate

By Danielle Prokop

The U.S. Senate voted on Thursday to expand eligibility and extend the life of a fund for people exposed to radiation by the federal government, by a vote of 69 to 30. (C-SPAN)

The U.S. Senate voted to expand eligibility and extend the life of a fund for people exposed to radiation by the federal government — including New Mexicans harmed by the first-ever nuclear test at Trinity.

In a 69-30 vote, the Senate passed S. 3853, which funds the Radiation Exposure Compensation Act — called RECA — past its June sunset date for another six years. The bill also increases the payment amount and broadens who can receive payments from the fund around the country.

Many “downwind” communities are excluded from compensation. The expansion bill would fold in for the first time thousands of New Mexicans from the area surrounding the Trinity Test Site, along with people from Idaho, Montana, Colorado and Guam. And instead of just a handful of counties where fallout fell, the entire states of Utah, Nevada and Arizona would be included.

In addition, the bill would significantly expand how many uranium workers could be covered by extending the time period past 1971 through 1990.

And the bill acknowledges communities where nuclear waste was dumped in Missouri, as well as Kentucky, Tennessee, and Alaska.

What does S. 3853 do?

Downwinders: The bill would allow RECA to cover people in Idaho, Montana, Colorado, New Mexico and Guam, and includes all of Nevada, Arizona and Utah, instead of just certain counties. It specifically acknowledges Trinity Test and Guam downwinders for the first time.

Uranium miners: The measure would extend the time frame for eligible uranium workers through 1990 instead of cutting it off at 1971. It compensates those who mined, milled or transported ore in Colorado, New Mexico, Arizona, Wyoming, South Dakota, Washington, Utah, Idaho, North Dakota, Oregon and Texas.

More conditions: The bill would cover new cancers, and it would also allow chronic kidney illness as a qualifying disease for uranium workers.

Waste disposal: Communities harmed by Manhattan Project waste or waste from other tests deposited in certain areas of Missouri, Alaska, Tennessee and Kentucky could receive compensation up to $25,000 under the bill.

Better compensation: Accounting for inflation, the measure increases lump-sum compensation to $100,000 for downwinders and on-site participants — up from the $50,000 and $75,000. If signed, the bill would allow previous claimants to submit new claims to make up the difference.

The Missouri Independent: U.S. Senate approves compensation for St. Louis nuclear waste exposures

By Allison Kite

The legislation, sponsored by Republican Sen. Josh Hawley of Missouri, extends the Radiation Exposure Compensation Act, which is set to expire, and expands it to cover individuals who were exposed to the radioactive waste that remains scattered across the St. Louis region.

“The United States Senate has the opportunity to do its part — its small part — to continue to make this nation what it could be, what we promised it will be, and to put right things that have been wrong,” Hawley said just before senators voted 69-30 in favor of his bill.

The legislation, which is backed by President Joe Biden, would represent a federal recognition of — and apology for — St. Louis’ decades-long struggle with radioactive waste.

The St. Louis area was instrumental to the Manhattan Project, the name given to the World War II-era effort to build the world’s first atomic bomb. Mallinckrodt Chemical Works refined uranium in downtown St. Louis during the war that was used in the first sustained nuclear chain reaction in Chicago, a key breakthrough in the bomb’s development.

The Senate last summer voted 61-37 in favor of Hawley’s update to the Radiation Exposure Compensation Act. But the expansion was included as an amendment to the National Defense Authorization Act and stripped out by a conference committee of senators and representatives.

Hawley has criticized Senate Republican leaders, particularly Minority Leader Mitch McConnell of Kentucky, for allowing the expansion to be removed from the defense bill.

McConnell voted in favor of the bill senators passed Thursday, which was a standalone expansion of RECA. It still needs approval by the House of Representatives.

The White House announced its endorsement of the legislation Wednesday evening, saying in a statement that the administration looks forward to working with legislators to ensure funding for the program.

“The president believes we have a solemn obligation to address toxic exposure, especially among those who have been placed in harm’s way by the government’s actions,” the statement says.

Hawley said on a conference call Monday that the standalone RECA expansion bill was expected to cost only about one-third as much as the version senators approved last summer. (The Union of Concerned Scientists said the new cost estimate is less than half the original CBO estimate of $147 billion.) The legislation still covers the same geographic areas, he said.

The nonpartisan Congressional Budget Office has not released an independent analysis of the new legislation.

The standalone RECA legislation would offer coverage for individuals who were exposed to radioactive waste in Missouri, Tennessee, Alaska or Kentucky and were diagnosed with multiple myeloma, non-Hodgkin’s lymphoma and cancer of the thyroid, breast, esophagus, stomach, pharynx, small intestine, pancreas, bile ducts, gallbladder, salivary gland, urinary bladder, brain, colon, ovary, bone, kidney or lung. It covers liver cancer as long as the patient doesn’t have cirrhosis or hepatitis B.

Surviving spouses and children could also seek compensation if the individual exposed to the radioactive waste has died.

The legislation senators considered last summer would have also covered diabetes, systemic lupus erythematosus, multiple sclerosis or Hashimoto’s disease. Those conditions are not in the new version of the bill.

Under the bill, the fund for uranium workers and miners would be extended for six years. Last summer’s bill would have extended it by 19.

In urging his colleagues to vote for the bill, Hawley noted the federal government is now testing underneath homes in the St. Louis area to determine whether a subdivision built in the 1990s was constructed on top of radioactive contamination.

 

New Mexico

‘They scrapped us’: The Trinity downwinders and New Mexico mine workers who remain unrecognized

The world’s first downwinders keep up the fight, as more communities in the state punctured by uranium mines step forward.

By Danielle Prokop and Marisa Demarco, Source New Mexico

A candlelight vigil in Tularosa, New Mexico, for those who have contracted illnesses and cancers related to the Trinity test explosion in 1945. (Photo courtesy of Tina Cordova)

Those living nearest to the first nuclear blast in history have suffered for generations.

In New Mexico, Trinity Test site neighbors weren’t warned or evacuated before the U.S. government detonated the atomic bomb in 1945. The light was so bright it could be seen hundreds of miles away. Nearly half a million people resided within a 150-mile radius of the blast. Witnesses said ash rained down for days.

Cancers, diseases, early deaths, infant mortality and more have plagued people in New Mexico ever since the United States government set off the bomb in the Jornada del Muerto. But despite organizing and advocacy for well over a decade, they were neither recognized nor compensated.

Declassified documents show that in the days immediately following the blast, Manhattan Project planners realized the fallout radius was much larger and more dangerous than they’d expected. 

The impacts of the Atomic Age are broad in New Mexico, in Indigenous lands and throughout the region. Not only were many exposed to radiation during the Trinity Test in 1945, subsequent uranium mining for the purpose of developing nuclear weapons sickened and killed workers and their families.

Though the mines were mostly privately owned, the U.S. government was the customer paying for that uranium ore for decades after World War II. Hundreds of dormant and unaddressed mines remain like open wounds in the land, continuing harm to their neighbors.

Lawrence and Arlene Juanico never knew the land without uranium mines. Now, they are fighting for recognition of their impact on Laguna Pueblo. The Juanicos and other volunteers have worked to track diagnoses, and help people apply for benefits for family members. 

“No one was taking notes here,” Arlene Juanico said. “My partner and I are working to get an accurate amount of who was all affected by that.”

 

Arizona

‘We’re running out of time’: Program for Arizonans exposed to radiation set to expire in June

Survivors, politicians and Navajo Nation officials react after legislation to compensate more downwinders and miners fails in Congress.

By Shondiin Silversmith, Arizona Mirror

Marti Gerdes remembers living in Prescott as a kid and, every winter, she and her family would make snow ice cream, mixing milk and sugar with snow.

It was a treat she recalls having any time it snowed — except for one year when her mother told them they couldn’t have snow ice cream because “there’s something bad in the air.”

“I had no clue what she was talking about,” Gerdes said. 

Gerdes and her family lived in the northern Arizona city in the 1960s, at least 300 miles from the Nevada Test Site, where the U.S. government tested nuclear weapons north of Las Vegas. 

Those tests sent radioactive fallout into the atmosphere, dispersed by clouds and precipitation in several states, including Arizona, government modeling and data have since shown, putting people at risk of serious illnesses for decades.

Over the years, several Arizona political leaders have advocated for broadening RECA-covered areas in Arizona. 

In July, U.S. Rep. Greg Stanton, D-Ariz., introduced the Downwinders Parity Act, which proposed updates to the RECA to include all the affected areas of Mohave County in Arizona and Clark County in Nevada. The bill would have also instructed the attorney general to outline for Congress what efforts will be made to educate and conduct outreach to those made newly eligible. The bill was co-sponsored by Rep. Ruben Gallego, D-Ariz. 

When the amendments failed to be included in the defense spending bill, Stanton said he would keep working to expand and extend the RECA. 

 

Utah

‘How much money are our lives worth?’: Utah downwinders call RECA expansion’s failure a betrayal

More people across the state could have been included in the U.S. program for those who may have been exposed to radiation during Cold War-era weapons testing

By Kyle Dunphey, Utah News Dispatch

People like Mary Dickson aren’t legally considered downwinders, the term used to describe those exposed to radiation during Cold War-era nuclear weapons testing in Nevada and New Mexico.

“Every time I say I’m a downwinder, I get ‘Oh, you grew up in St. George?’” said Dickson, of Salt Lake City, who was diagnosed with thyroid cancer in 1985. “It’s been really frustrating because for 30 years, I’ve been trying to raise awareness that no, it wasn’t just southern Utah, it went everywhere.

In Utah, the government’s radiation compensation program covered residents who lived in one of 10 counties —– Beaver, Garfield, Iron, Kane, Millard, Piute, San Juan, Sevier, Washington and Wayne —– for two consecutive years from 1951 to 1958, or during the summer of 1962. People who worked in uranium mines, mills or transporting ore in Utah from 1942 to 1971 were also eligible. 

With the proposed expansion, anyone in Utah diagnosed with certain cancers caused by nuclear testing would have been eligible for compensation. The measure also would have extended RECA, which is set to expire this June. The limited eligibility under the current bill has been a source of major frustration for health care providers like Becky Barlow, director of the Radiation Exposure Screening and Education Program in St. George, which screens people exposed to radiation and helps them apply for compensation.

“Obviously radiation doesn’t stop at the county line,” said Barlow, whose program covers the lower half of Utah, and parts of Nevada and Arizona. Still, Barlow gets calls from all over the Mountain West from those who suspect they got sick from radiation, but who aren’t eligible under the federal program. 

 

Idaho

‘The fight isn’t over’: Idaho downwinders persist after Congress cuts compensation for them

Residents work to understand the ongoing impacts of nuclear test fallout and radiated clouds over Idaho decades ago.

By Mia Maldonado, Idaho Capital Sun

In her home, Tona Henderson has a wall dedicated to images and the names of people who were diagnosed with cancer and living in Idaho at the time of nuclear testing from 1951 to 1962. (Courtesy of Tona Henderson)

For nearly two decades, Tona Henderson collected newspaper articles, letters and photographs documenting who in the small town of Emmett was diagnosed with cancer, including her own family. The result is a wall in her home covered in pictures and pages displaying the names of community members who may have been exposed to lethal radiation during the country’s Cold War-era nuclear weapons testing program.

Henderson is the director of the Idaho Downwinders, a nonprofit representing people who lived in Idaho between 1951 to 1962 when the United States tested nuclear weapons aboveground in Nevada. She has been a leading advocate for the federal government to provide financial compensation to Idahoans impacted by that nuclear testing, which sent radiated clouds beyond Nevada’s boundaries to other neighboring states, including Idaho.

Gem County, along with Idaho’s Custer, Blaine and Lemhi counties, are among the top five in the U.S. that were most affected by fallout from Nevada nuclear tests in the mid-20th century, according to research by the National Cancer Institute.

American children at the time faced a high risk of developing thyroid cancer if they consumed milk from pastures where cows and goats grazed that were contaminated with iodine-131 — a radioactive element that is released into the environment during nuclear weapons testing.

Children, with smaller and still-developing thyroids, consumed more milk than adults, placing them at greater risk for cancer because of the concentration of iodine-131 in the thyroid gland.

Emmett is a tight-knit community, Henderson said. The population stands at about 8,000 people today, according to the latest census numbers. She used to run a doughnut shop in town, and customers, knowing her role in tracing diagnoses, would tell her about locals facing cancer. From 2004 to 2019, she said she recorded hundreds of instances of cancer diagnoses among Emmett residents who were present during the testing period. 

“That’s a lot of people for such a small town,” she said. “The fight isn’t over.”

 

Montana

‘What do we have to do?’: Fresh awareness of historic nuclear radiation in Montana neighborhoods

Fallout from weapons tests elsewhere could have had devastating health consequences in the state. Political support for recognition and compensation grows.

By Blair Miller, Daily Montanan

Growing up in Cut Bank, Montana, Patti Jo Ruegamer would spend most summer days going to the farm with her mother and father in Meriwether, about 25 miles west.

While her parents worked, she would go to the neighbor’s place, where she and other children drank fresh milk from the cows there, and would spend the day riding horses, swimming in the river or roaming the area.

The clouds drifting above them, though, may have contained radioactive fallout from nuclear weapons experiments performed by the U.S. government hundreds of miles away in the 1950s and ’60s.

A landmark study by the National Cancer Institute in 1997 showed that out of the top 25 counties in the United States that received the most radioactive byproduct from weapons tests in Nevada, 15 were in Montana. The report identified Montana’s Meagher County, home to White Sulphur Springs, as having received more radiation than any other county in the U.S.

Researchers found people in 15 Montana counties — Meagher, Broadwater, Beaverhead, Chouteau, Jefferson, Powell, Judith Basin, Madison, Fergus, Gallatin, Petroleum, Lewis and Clark, Blaine, Silver Bow and Deer Lodge — received estimated doses of iodine-131 to their thyroids between 9 and 16 rads.

But much of the rest of the state, including the Blackfeet Indian Reservation where Ruegamer lived, saw an estimated 6 to 9 rads, also among the highest in the United States.

 

Colorado

‘It lives in geologic time’: Nuclear contamination and health risks remain throughout Colorado

How the proposed expansion of a compensation program could impact the state, and the ongoing fight to make it happen.

By Chase Woodruff, Colorado Newsline

Buildings at the site of the former Cotter uranium mill, which were later demolished, are pictured in this 2007 photo, with Cañon City seen in the background (Courtesy of Jeri Fry).

When Jane Thompson moved away from Uravan in western Colorado decades ago, it was still a quiet company town of about 1,000 residents, all of whom had some connection to the uranium mill owned by Union Carbide.

“It was a great place to grow up,” said Thompson, who helps keep the town’s legacy alive as president of the Rimrocker Historical Society. Her grandfather was a miner until retirement. Her father was, too, after her parents married.  “They were the second-to-last to leave Uravan when they sent everybody out.”

Uravan and the surviving mining towns nearby, including Nucla and Naturita, are just a few of the many places in Colorado where residents were caught up in — and in many cases bore the risks of — the Manhattan Project’s sprint for the bomb and the nuclear arms race of the Cold War.

 

Missouri

‘We got mad’: Years of pain after a childhood near radioactive Coldwater Creek in Missouri

RECA expansion could have helped with care for people suffering after living near contaminated waterways and sites in the state. A U.S. senator vows to keep fighting for it.

By Allison Kite, Missouri Independent

An undated photo from the 1980s, of a child swinging from a rope into Coldwater Creek. The photo is from a scrapbook kept by Sandy Delcoure, who lived on Willow Creek in Florissant and donated the scrapbook to the Kay Drey Mallinckrodt Collection. Only one of the photographs from the scrapbook includes any information, which read: “Willow Creek children on Cold Water [sic] Creek. We can’t keep the children away from the creek. The only alternative is to get it cleaned up.” (State Historical Society of Missouri, Kay Drey Mallinckrodt Collection, 1943-2006.)

Billy Winters’ childhood in Florissant in the 1960s sounds enviable. 

His parents bought a new house as thousands of other families flocked to the growing St. Louis suburbs. Winters’ neighborhood was full of other kids to play with. He spent almost every day splashing in a creek that ran near his home.

But Winters didn’t know at the time that the creek waters could be dangerous. The creek he was playing in was a small tributary to Coldwater Creek, which unbeknownst to him had been contaminated with radioactive waste left over from World War II. When Coldwater Creek flooded, its waters would back up in the creek near Winters’ family home.

The St. Louis region was pivotal to the development of the first nuclear bomb in the 1940s. Uranium for the Manhattan Project — the name given to the effort to develop the bomb — was refined in downtown St. Louis. The leftover radioactive waste has plagued the metro area ever since.

Private companies and government agencies with oversight of the radioactive material documented the possible dangers of the radioactive waste repeatedly but made little effort to keep it from spreading as suburbs sprung up around the airport and Coldwater Creek throughout the 1950s and 1960s. An investigation last summer by The Missouri Independent, MuckRock and The Associated Press laid bare the way they dismissed the spreading contamination as “slight,” “minimal” or “low-level.”

The reaction from federal and Missouri state lawmakers to "Atomic Fallout" was swift. Within days, Sen. Josh Hawley, R-Missouri, and Rep. Cori Bush, D-Missouri, pledged action, calling the investigation “devastating” and decrying the federal government’s “negligence." "This report confirms what we in the community have known for decades: that for the past 75 years, the federal government actively and knowingly treated St. Louis as a dumping ground for harmful and toxic radioactive waste," Bush said. 

In response, Missouri Attorney General Andrew Bailey announced his office would “do everything in our power to hold the federal government accountable.” His office assigned several attorneys to the case and are still investigating. A state representative for the affected area convened a townhall, telling residents:

“Because of the journalists dropping these documents and finding out for us that our federal government knew this and never told the public for 50 years, it was huge. We were desensitized to the insanity."

The U.S. Senate, with bipartisan support, narrowly voted in late July to expand a program that compensates Americans who become ill because of exposure to radiation from the country’s development and testing of nuclear weapons and the buildup to the Cold War. President Joe Biden has signaled his support for the proposal and Energy Secretary Jennifer Granholm visited one of the contaminated sites during a visit to St. Louis. Senators attached the legislation to the annual defense bill; despite our reporting being described as a “bombshell,” it was ultimately stripped out of the final version of the legislation after the Congressional Budget Office estimated it would cost $147 billion over a decade. 

Still, legislators and affected families in seven Western states are vowing to reintroduce legislation to extend and expand the federal radiation compensation program in 2024 and a flurry of pre-filed bills in Missouri would increase state funding for a victims’ compensation fund, citing our reporting.

And, in perhaps the clearest sign that the federal government is taking ownership of the contamination at Coldwater Creek, the U.S. Army Corps of Engineers announced in January that it would install signs along the waterway warning people of the risks — more than 70 years after workers first realized barrels of radioactive waste were left nearby.

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Kansas City-area residents plead with Missouri lawmakers to stop landfill https://missouriindependent.com/2024/01/16/kansas-city-area-residents-plead-with-missouri-lawmakers-to-stop-landfill/ https://missouriindependent.com/2024/01/16/kansas-city-area-residents-plead-with-missouri-lawmakers-to-stop-landfill/#respond Tue, 16 Jan 2024 21:58:05 +0000 https://missouriindependent.com/?p=18503

Sen. Rick Brattin, R-Cassville, was joined by, from left, Sens. John Rizzo, D-Independence, Greg Razer, D-Kansas City, and Mike Cierpiot, R-Lee's Summit, at a news conference to discuss a moratorium on landfill development in Kansas City last spring (Rudi Keller/Missouri Independent).

Nine-year-old Macie Thomas loves living in Raymore. She said she spends the summers playing outside, golfing and swimming. Her best friend and her grandmother both live nearby. 

But Thomas told Missouri senators Tuesday that she fears a landfill proposed just over the city limits in Kansas City will change everything.

Thomas said her father suffers lung issues from exposure to toxic burn pits during his time in the U.S. Marine Corps. Her grandmother has cancer, and her brother has severe asthma. She worries living near a landfill will make them all sick, and said her grandmother’s doctor suggested she’d have to move away. 

“I don’t want her to move,” Thomas said. “We get to see each other almost every day. She makes the best hot chocolate and biscuits in the morning. We craft and garden and snuggle.” 

The landfill — proposed by KC Recycle & Waste Solutions — would be built just south of Missouri Highway 150 in Kansas City. It’s less than a mile from the Creekmoor golf course community, located in Raymore, with homes priced between $500,000 and $1 million.

Mayors of Raymore, Lee’s Summit and other suburban Kansas City municipalities have decried the project, saying it will harm their constituents and communities. 

But the Kansas City-Raymore border is just far enough from the site that developers wouldn’t need the approval of any of those cities to build on the Kansas City site. Nearby residents are hoping the Missouri General Assembly will change that. 

Thomas and fellow residents spoke in support of legislation that would block the landfill. Two bills, sponsored by Republican Sens. Mike Cierpiot of Lee’s Summit and Rick Brattin of Harrisonville, would require that municipalities within one mile of a landfill built in an adjacent city be allowed to sign off before the state can issue an environmental permit. Right now, the buffer zone is half a mile. 

Fight over proposed Kansas City landfill will return to Missouri legislature

Rick Meyers, a Kansas City resident who said he lives near the site, quoted a former U.S. Supreme Court justice to say one person can’t infringe on another’s rights.

“My right to swing my fist ends where your nose begins,” Meyers said. 

He added: “Their right to put in a harmful landfill next door to a school in the middle of a growing neighborhood does not serve my and my neighbors’ rights to our property, to breathe clean, toxin-and odor-free air.”

The same bill was debated last year, but it stalled in the Senate when another Republican lawmaker — who received a campaign contribution from a political action committee associated with one of the lobbying firms working for KC Recycling & Waste Solutions — launched a filibuster.

Brattin responded the next day with a filibuster of his own, bringing the Senate to a halt for nine hours as its time to pass the state’s annual budget grew short. He relented after striking a deal with fellow senators to amend the budget to fund a study by Missouri environmental regulators into the possible effects a landfill would have on the surrounding communities. 

But Gov. Mike Parson later vetoed that funding, saying the budget passed by legislators was $1.7 billion larger than he had recommended and decreased revenues while increasing expenditures. He added that the landfill was a “local responsibility with minimal statewide impact” and that other funding mechanisms besides earmarked state funding should be used. 

KC Recycle & Waste Solutions is owned by a married couple: Jenny and Aden Monheiser. 

Jenny Monheiser spoke at Tuesday’s hearing in the Missouri Senate’s Local Government and Elections Committee, saying the region is quickly running out of landfill space and needs a new facility.

“I’m not so naïve to think that people wake up in the morning and hope that somebody will knock on their door and say that there’s going to be a landfill developed in their area,” Monheiser said. “The fact of the matter is, though, landfills are a part of infrastructure that cities need.”

Monheiser said her company wants to be “responsible neighbors and engage stakeholders.” 

During debate over similar legislation last year, Monheiser asked legislators not to change the rules in the middle of the game. While her company hasn’t sought rezoning or an environmental permit, they have started acquiring the site. 

But it’s unclear how much land they have already assembled. 

After the last legislative session, the Monheisers and opponents of the landfill started donating and organizing to influence the legislature.

The Monheisers have donated more than $42,000 to state and local races and political action committees, including $25,000 to Southern Drawl PAC, which is supporting Sen. Holly Thompson Rehder’s run for lieutenant governor. 

Kill the Fill PAC, which opposes the landfill, has raised more than $157,000 since its launch last May.

The committee took no action on either bill Tuesday.

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‘It lives in geologic time’: Nuclear contamination and health risks remain throughout Colorado https://missouriindependent.com/2024/01/16/it-lives-in-geologic-time-nuclear-contamination-and-health-risks-remain-throughout-colorado/ https://missouriindependent.com/2024/01/16/it-lives-in-geologic-time-nuclear-contamination-and-health-risks-remain-throughout-colorado/#respond Tue, 16 Jan 2024 15:00:40 +0000 https://missouriindependent.com/?p=18481

Buildings at the site of the former Cotter uranium mill, which were later demolished, are pictured in this 2007 photo, with Cañon City seen in the background (Courtesy of Jeri Fry).

When Jane Thompson moved away from Uravan in western Colorado decades ago, it was still a quiet company town of about 1,000 residents, all of whom had some connection to the uranium mill owned by Union Carbide.

“It was a great place to grow up,” said Thompson, who helps keep the town’s legacy alive as president of the Rimrocker Historical Society. Her grandfather was a miner until retirement. Her father was, too, after her parents married.  “They were the second-to-last to leave Uravan when they sent everybody out.”

Today, there is almost nothing left of Uravan, which was closed and leveled beginning in 1985. Former residents raised funds to preserve a boarding house and recreation center on the old town site, but Dow Chemical, which acquired Union Carbide in 1999, burned them down in 2007 due to ongoing contamination fears. 

The company didn’t reimburse former residents, who today hold their annual August reunions on an old baseball field turned campground.

“You won’t find too many people that don’t think it was a shame, what they did,” said Thompson, who returned to the area in the 1990s and now lives in nearby Nucla. “I understand that everybody’s afraid of uranium, and everybody’s afraid of radioactivity, and nobody wants that liability. But it did seem like $229,000 up in flames was kind of a waste of money.”

To officials at the Environmental Protection Agency, which oversees the former town as a federal Superfund site, the razing of Uravan’s last remaining buildings was one of the final phases in a “massive and challenging cleanup” that lasted 20 years and cost more than $120 million. 

The mining and milling of radium, uranium and vanadium at Uravan — the town got its name from the latter two minerals — lasted for more than 70 years. But the most famous of them were the several years beginning in 1942, when the U.S. Army Corps of Engineers built facilities there to secretly process uranium as part of the Manhattan Project’s efforts to develop the world’s first atomic bomb.

Uravan and the surviving mining towns nearby, including Nucla and Naturita, are just a few of the many places in Colorado where residents were caught up in — and in many cases bore the risks of — the Manhattan Project’s sprint for the bomb and the nuclear arms race of the Cold War.

An estimated 14% of the uranium oxide, commonly known as “yellowcake,” produced for the U.S. Atomic Energy Commission in those years came from mines on the Colorado Plateau in the Four Corners region. Uranium sludge produced in Uravan and other “yellowcake towns” was further processed at a refinery in Grand Junction. The Rocky Flats facility northwest of Denver manufactured plutonium triggers for nuclear weapons for nearly 40 years before long-running environmental concerns and an FBI investigation of its operator led to its shutdown in 1992.

More recently, research has shown that parts of southern and western Colorado were significantly impacted by radioactive fallout from nuclear detonations at the Trinity Test Site in July 1945 and the Nevada Test Site in the 1950s.

It’s an atomic legacy that stretches across much of the American West, and one that’s received fresh attention in the wake of “Oppenheimer,” the 2023 blockbuster film about the bomb’s development.

“That’s put us a little bit in the limelight,” said Thompson. 

New scrutiny of the hazards of nuclear materials and radioactive waste, and the failure of federal government and private contractors to mitigate those risks, has followed in the wake of “Atomic Fallout,” an investigation published last year by The Missouri Independent, MuckRock and The Associated Press.

Reviewing thousands of pages of federal documents obtained through open-records requests, reporters found that private companies and the government repeatedly downplayed the potential health risks of contamination in the St. Louis region, writing off health risks from exposed nuclear waste leaching into groundwater and neighborhood creeks as “slight,” “minimal” or “low-risk.”

The investigation put new, bipartisan urgency behind a push to expand the Radiation Exposure Compensation Act, a 1990 law that established a federal payout program for people who were impacted by atmospheric nuclear tests or employment in the uranium industry.

An expansion of the RECA program was passed by the U.S. Senate in July but was removed at the last minute from a congressional defense spending bill last month. Lawmakers, including U.S. Sen. John Hickenlooper of Colorado, have vowed to continue to champion it. The program is set to run out of funding in July.

“Coloradans developed serious health conditions from uranium mining and U.S. testing of nuclear weapons,” Hickenlooper wrote in an X post on Dec. 12. “There’s no excuse to deny these victims the compensation they rightfully deserve.”

RECA and its limitations

Since the federal government began issuing compensation payments under RECA in April 1992, more than 54,000 claims have been filed. Of those, more than 40,000 claims, or about 75%, have been approved, and roughly $2.6 billion had been paid out as of the end of 2022. Payouts for uranium workers is typically $100,000, and for “downwinders” — residents in close proximity to nuclear weapons test sites — $50,000.

Definitively proving that exposure to nuclear waste and radiation caused cancers and other diseases is difficult, but the RECA program doesn’t require that claimants prove causation. They only have to show that they or a relative had a qualifying disease after working or living in certain locations during specific time frames.

As passed by the Senate last year, the expansion of RECA would add eligibility for downwinders from five additional states, including Colorado, and the territory of Guam, and significantly expand eligible regions of three other states, potentially resulting in thousands of additional claimants and hundreds of millions in federal compensation.

With support from Missouri lawmakers, including Republican Sen. Josh Hawley and Democratic Rep. Cori Bush of St. Louis, the proposal would also expand compensation for the first time to workers and residents who were exposed to radioactive waste from the Manhattan Project in the St. Louis region.

Some of that waste made its way to Colorado, where it was dumped at the Cotter Corp.’s uranium mill in Cañon City. Nearly 6 million tons of nuclear waste in total are estimated to be buried underground near the old Cotter mill, which was declared a Superfund site shortly after ceasing operations in 1979.

“We call the moms in St. Louis, our sister city, because Cotter contaminated us both,” said Jeri Fry, a Cañon City resident and co-founder of Colorado Citizens Against Toxic Waste.

Fry’s father, Lynn Boughton, was chief chemist at Cotter’s Cañon City mill for more than 20 years, and turned whistleblower over concerns about the company’s dangerous practices, including contamination of groundwater on the south side of town. Following a Colorado Bureau of Investigation report alleging a pattern of misleading workers and record-keeping violations, Cotter reached a settlement agreement with Colorado in 1983.

Boughton died of radiation-induced lymphoma in 2001. Though tests found more than 600 times the normal level of radiation in his body, a workers’ compensation claim he filed took more than a decade to resolve. An attempted class-action lawsuit against Cotter was dismissed by a judge, and other lawsuits against the company were largely settled out of court.

A 2014 federal health assessment by the Agency for Toxic Substances and Disease Registry concluded that elevated levels of uranium and molybdenum in drinking water wells near the Cotter site “is a past, current and potential future public health hazard.”

“We had anecdotal evidence through the years,” Fry said. “The survey went out to try and put some legs under that, and some of the things that we found were lots of autoimmune diseases, lots of thyroid diseases, lots of birth defects, cancers, various things like that.”

In the 2000s, activists with Colorado Citizens Against Toxic Waste successfully fought a proposal to haul more radioactive waste to the Cotter mill site from New Jersey. But to the group’s dismay, cleanup of the site has proceeded slowly. A company that took over the property in 2018 told the EPA last year that it was insolvent and unable to meet its cleanup obligations, raising further concerns for nearby residents.

“​​These sites require active maintenance,” Fry said. “And if they don’t have enough to cover the maintenance of the sites, then we’re putting these communities at risk.”

Colorado downwinders?

RECA expansion could also allow, for the first time, people who lived in Colorado to file compensation claims as downwinders impacted by the atmospheric nuclear weapons tests conducted at the Nevada Test Site northwest of Las Vegas.

Fallout from the roughly 100 aboveground nuclear detonations carried out at the Nevada Test Site between 1951 and 1962 heavily impacted nearby communities like St. George, Utah, where elevated cancer rates were recorded for decades — even after the atmospheric tests ceased.

RECA’s downwinder compensation program covers only claimants who lived in some two dozen counties in eastern Nevada, southern Utah and northern Arizona during the period in question. But evidence has mounted that significant deposition of radioactive material occurred well beyond the downwinder area established by the original legislation — including in Colorado.

A landmark 1997 study by the National Cancer Institute found that exposure to high levels of iodine-131, a dangerous radioactive isotope and byproduct of nuclear fission that has been linked to increased rates of thyroid and other cancers, including at the Chernobyl nuclear reactor disaster site in what is now Ukraine. 

Using historical measurements collected at monitoring stations combined with meteorological modeling, the study found especially high levels of radiation exposure across much of the Mountain West and the Great Plains. Additional research estimated that radioactive fallout from the Nevada Test Site could be linked to 49,000 additional cases of thyroid cancer, not to mention other cancers and illnesses. 

Colorado’s Gunnison County ranked in the top 1% of U.S. counties in estimated exposure, with an average dose of between 9 and 12 rads — or “radiation absorbed dose,” a measure of the amount of radiation absorbed by a material such as bodily tissue —  according to the study. Several other counties in southwestern Colorado experienced an average fallout dose of between 6 and 9 rads, ranking in the top 10%.

Another comprehensive analysis published last year, using even more precise weather modeling, largely corroborated those findings, indicating that Colorado experienced significant fallout from both the Nevada tests and the Manhattan Project’s Trinity test in New Mexico in July 1945.

“Our total deposition density estimates show that there are locations in New Mexico, and in other parts of the United States, including Utah, Nevada, Wyoming, Colorado, Arizona, and Idaho, where radionuclide deposition reached levels larger than those we estimate in some counties covered by RECA,” the study’s authors wrote.

Unlike some other Western states, including Idaho and Montana, Colorado doesn’t have an organized downwinder community that has lobbied for RECA expansion. A spokesperson for Hickenlooper said his office has asked the Congressional Research Service to better quantify the impacts of a possible expansion on Coloradans, but wasn’t immediately able to identify specific communities or groups in the state who could be newly eligible for RECA under the proposal.

Along with former workers at the Rocky Flats plant, some ex-Cotter employees in Cañon City are covered by a separate federal compensation program, the Energy Employees Occupational Illness Compensation Program, which was enacted in 2000.

After her father’s death, Fry’s mother successfully filed a claim through that program, and helped a handful of neighbors do the same. But it was a “tortured path,” Fry said, and awareness of contamination risks and compensation programs in the community remains low.

“A lot of people think that this is all old news,” she added. “A lot of people in our community if you ask them, they think, ‘Oh, I thought that was all cleaned up out there.’ Well, there’s 7 million tons of radioactive waste upwind and over the fence from Cañon City.

“And it lives in geologic time,” she added. “It’s going to outlive all of us.”

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‘We’re running out of time’: Program for Arizonans exposed to radiation set to expire in June https://missouriindependent.com/2024/01/15/were-running-out-of-time-program-for-arizonans-exposed-to-radiation-set-to-expire-in-june/ https://missouriindependent.com/2024/01/15/were-running-out-of-time-program-for-arizonans-exposed-to-radiation-set-to-expire-in-june/#respond Mon, 15 Jan 2024 15:00:38 +0000 https://missouriindependent.com/?p=18478

A fireball rises into the sky over Nevada after the U.S. government detonated a 61-kiloton device on June 4, 1953. Nuclear weapons experiments at the Nevada Test Site spread fallout to other states, including Arizona, research and records show (Getty Images).

Marti Gerdes remembers living in Prescott as a kid and, every winter, she and her family would make snow ice cream, mixing milk and sugar with snow.

It was a treat she recalls having any time it snowed — except for one year when her mother told them they couldn’t have snow ice cream because “there’s something bad in the air.”

“I had no clue what she was talking about,” Gerdes said. 

This story is part of a national series looking at the legacy of nuclear weapons development and testing in the United States, and an expanding understanding of who was harmed.

Gerdes and her family lived in the northern Arizona city in the 1960s, at least 300 miles from the Nevada Test Site, where the U.S. government tested nuclear weapons north of Las Vegas. 

Those tests sent radioactive fallout into the atmosphere, dispersed by clouds and precipitation in several states, including Arizona, government modeling and data have since shown, putting people at risk of serious illnesses for decades.

Jeanne Gerdes, Marti’s mother, was diagnosed in the mid-1990s with bladder cancer. She had to have her bladder removed, she said, and a permanent ostomy bag put in place. 

“It was horrible for her,” Gerdes said. 

When Gerdes’ mother underwent cancer treatment, it left her body fragile. In 2002, she collapsed in her home in Sierra Vista, she said. She ended up in the hospital needing surgery, but due to the state the radiation treatment left her body in, Gerdes said the doctors could not help her. She died shortly after.

The Gerdes family is one among thousands potentially impacted by radiation from nuclear weapon testing, according to National Cancer Institute research. In Yavapai County — home to Prescott, where the Gerdes family lived — almost 27,000 people could have been affected, estimates show.

From 1945 to 1992, the U.S. conducted a total of 1,030 nuclear tests, according to the Arms Control Association.

Many of these nuclear tests were conducted at the Nevada Test Site, with 928 nuclear tests conducted at the site between 1951 and 1992, according to the Nevada National Security Site, about 100 of which were atmospheric and 828 underground.

According to the United Nations Scientific Committee on the Effects of Atomic Radiation, atmospheric tests involved unrestrained releases of radioactive materials directly into the environment, causing the largest collective dose of radiation thus far from man-made radiation sources.

A family tree, withered too soon

Ken Davis and his wife, Rita, grew up in Camp Verde, also in Yavapai County. He recalls how it was common knowledge among people living in the Verde Valley that there was the potential of getting sick because they lived downwind from the Nevada Test Site.

“We were both exposed back in the ’50s and the ’60s,” Davis said. Rita developed breast cancer and died at the age of 66 in 2020. He blames radiation exposure, though proving that is oftentimes near impossible, experts say.

Davis said his wife was initially diagnosed in 2006 in her 50s and went through all the treatments needed for breast cancer, including radiation, chemotherapy, and, ultimately, a mastectomy.

The treatment was successful at first, and she went into remission for about 10 years, but Rita’s cancer returned in 2016 “with a vengeance” and metastasized throughout her body.

“It was horrible,” Davis said, explaining that it was not only the physical toll cancer took on her body but the mental toll, too. “She was full of life until she wasn’t.”

Davis said he has seen many of his family members go through cancer. His mother was diagnosed with colon cancer, he said, and she’d lived downwind of the Nevada Test Site when the weapons were being tested. He’s had aunts, uncles and his mother-in-law all get diagnosed with some form of cancer. 

Davis said it was “terrible” watching all the people he loved go through “all that misery and pain” due to something caused by man.

“My kids watched a lot of their family tree fall off because of this,” Davis said.

Recognition and compensation

The Radiation Exposure Compensation Act provides a program that compensates individuals who become ill because of exposure to radiation from the United States’ development and testing of nuclear weapons. 

Since RECA was passed in 1990, more than 55,000 claims have been filed. Of those, more than 41,000 claims, or about 75%, have been approved, and roughly $2.6 billion had been paid out as of the end of 2022. Claims for “downwinders” yield $50,000. For uranium mines and mill workers providing ore to nuclear weapons, claimants typically receive $100,000. Without an extension, the RECA program will expire in July.

Proving that exposure to nuclear waste and radiation causes cancers and other diseases is difficult. However, the federal program doesn’t require claimants to prove causation. They only have to show that they or a relative had a qualifying disease after working or living in certain locations during specific time frames.

Arizona attorney Laura Taylor has been working with people in Arizona to file claims with the RECA program since 2002, and in that time she said she has processed more than 2,000 claims.

Taylor said some of the biggest challenges individuals face when working on their claims is getting access to medical records, especially if they were diagnosed between the 1960s to the 1980s because most places do not keep medical records going back that far.

“It can be pretty cumbersome to get records for people,” Taylor said. She’s been able to develop a database that helps her locate records people need to file a claim.

For people filing downwind claims, they would need to have lived in a designated downwind area from the Nevada Test site during the period of Jan. 21, 1951, to Oct. 31, 1958, or July 1962.

Claimants living in the downwind area during that time must have become ill with either leukemia, multiple myeloma, lymphoma or a primary form of cancer such as lung, thyroid, breast, esophagus, liver, urinary bladder, colon, stomach, pharynx, small intestine, pancreas, bile ducts, gallbladder, salivary gland, brain or ovary.

RECA was initially set to expire in July 2022, but President Joe Biden signed a measure extending the program for two more years.

Last year, with bipartisan support, the U.S. Senate voted in July to expand and extend the program by attaching it as an amendment to the National Defense Authorization Act, which funds the Department of Defense.

It could have extended health care coverage and compensation to more uranium industry workers and “downwinders” exposed to radiation in several new regions — Colorado, Missouri, New Mexico, Idaho, Montana and Guam — and expanded coverage to new parts of Arizona, Nevada and Utah.

The defense spending bill for 2024 was signed into law on Dec. 22 by Biden, but the RECA expansion was cut from the final bill before it landed on his desk. 

Taylor said plans for boosting the program were “amazing” because it would have included more regions of Arizona, allowing more people to qualify for compensation. 

“You can’t say the radiation just stopped at a county line,” she said, and the program does not include all of Mohave County, which was closest to the Nevada Test Site.

At this point, Taylor said the hope is that the program gets at least extended another two years because “we’re running out of time,” and even a short extension would be a win.

Over the years, several Arizona political leaders have advocated for broadening RECA-covered areas in Arizona. 

In July, U.S. Rep. Greg Stanton, D-Ariz., introduced the Downwinders Parity Act, which proposed updates to the RECA to include all the affected areas of Mohave County in Arizona and Clark County in Nevada.

The bill would have also instructed the attorney general to outline for Congress what efforts will be made to educate and conduct outreach to those made newly eligible. The bill was co-sponsored by Rep. Ruben Gallego, D-Ariz. 

When the amendments failed to be included in the defense spending bill, Stanton said he would keep working to expand and extend the RECA. 

“I’m profoundly disappointed that a bipartisan effort to extend RECA and expand it to Arizonans left out of the original program was stripped from the final bill behind closed doors,” Stanton said in a statement. “Congress has a responsibility to do right by these families, who’ve been fighting for justice and recognition from the federal government for decades.”

Gallego said that not including the RECA amendments in the defense bill is a failure for thousands of people in the state. 

“Generations of Arizonans were exposed to deadly radiation from nuclear testing and uranium mining — yet they were never compensated,” Gallego said in a statement. “It is unconscionable that the NDAA — the year’s most significant national security policy legislation — does not fix this injustice.”

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‘Relentless’ uranium mining on Navajo Nation

An essential task of the nation’s nuclear weapons development was uranium mining and processing, which was carried out by tens of thousands of workers across the country.

Between the 1940s and 1990s, thousands of uranium mines operated in the United States, according to the United States Environmental Protection Agency. Most uranium mines operated in Colorado, Utah, Wyoming, New Mexico and Arizona, typically on federal and Tribal lands.

The number of mining locations associated with uranium is around 15,000, according to the EPA, and of these mining locations, more than 4,000 mines have documented uranium production.

The legacy of uranium mining has impacted the Navajo Nation for decades, from abandoned mines to contaminated waste disposal. 

From 1944 to 1986, nearly 30 million tons of uranium ore were extracted from Navajo lands, according to the EPA, and hundreds of Navajo people worked in the mines, often living and raising families in close proximity to the mines and mills. 

Although the mines are no longer operational across the Navajo Nation, contamination continues, including 523 abandoned uranium mines in addition to homes and water sources with heightened levels of radiation. 

The health risks associated with this contamination include the possibility of lung cancer from inhaling radioactive particles, as well as bone cancer and impaired kidney function resulting from exposure to radionuclides in drinking water.

Navajo Nation leaders advocated and worked with officials in Washington, D.C., throughout 2023 to get the amendments added to the RECA that would benefit more Navajo people who have been impacted by uranium mining, as well as radiation exposure.

During a weeklong advocacy push last year, Navajo Nation leaders worked with former Navajo uranium miners and Navajo community leaders to voice their support for the RECA amendments. 

Navajo Nation President Buu Nygren and Navajo Nation Council Speaker Crystalyne Curley expressed their “profound disappointment” in the removal of the RECA amendments.

“This decision is disheartening to the Navajo Nation,” they said in a joint statement. “The Navajo people endured inordinate suffering due to radiation exposure resulting from relentless uranium mining during the mid-20th century.”

The grave consequences of this exposure have echoed through generations, causing serious health issues including various forms of cancer, kidney disease, and birth defects in our people.

– Navajo Nation President Buu Nygren and Council Speaker Crystalyne Curley

The amendments made to the RECA were meant to provide some relief to the horrific consequences the Navajo people have experienced.

“By stripping these amendments from the National Defense Authorization Act, the government sends a deplorable message: that the sacrifices of the Navajo Nation do not matter,” they said. “This is unacceptable.”

A ‘small price for life’

When Davis heard that the amendments for the RECA program were not included in the recent defense bill, he called it a betrayal to the families and individuals impacted.

“They caused it, and now they’re yanking it back out,” he said. 

After his wife was initially diagnosed with breast cancer, Davis said their family applied for the RECA program and did receive the $50,000 compensation.

Other family members, including his mother and mother-in-law, have applied for the program and received compensation, too, he added. 

Davis is now 71, and he and his siblings have fortunately been OK, he said, but they were all exposed during the 1950s and ’60s. He said he doesn’t think that the RECA program should expire when there are still people alive who could be affected but don’t know it yet. 

The RECA program is vital because even though it is a “very small price for a life,” he said, having cancer is expensive, and the one-time payment of $50,000 to downwinders helps people offset those costs.

“It’s not going to make anybody wealthy,” he added.

The illnesses and hardship will continue, Davis said, even after the RECA program expires. This is a “forever” thing for the people impacted, and he said he believes that anybody alive in the affected areas should be covered for the rest of their lives.

The experience of seeing her mother go through cancer is why Gerdes said it’s essential for the RECA program to continue. 

“There’s going to be a lot more people who have to go through what my mother went through from this radiation exposure,” she said.

Gerdes said her mother did qualify for the RECA program, and she received compensation. Her sister helped her mother apply for the program, and one of their biggest hurdles was providing that their mother was a resident in Prescott during that time. 

Her sister used old phone books and post office boxes in town. They even found old business ads in the local newspaper that their dad published for vehicle and mobile home sale lots in Prescott. 

Gerdes’ mother received the payout from the RECA program, but she said, “$50,000 does not compensate for 10 years of misery.” 

She is not saying that the financial compensation isn’t helpful for the affected family, she added. Still, she believes that money for the death of a loved one before their time will never equate to the loss of that person or the years that you miss with them.

“The government is responsible for the loss of these people’s years of living,” she said.

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‘How much money are our lives worth?’: Utah downwinders call RECA expansion failure a betrayal https://missouriindependent.com/2024/01/12/how-much-money-are-our-lives-worth-utah-downwinders-call-reca-expansion-failure-a-betrayal/ https://missouriindependent.com/2024/01/12/how-much-money-are-our-lives-worth-utah-downwinders-call-reca-expansion-failure-a-betrayal/#respond Fri, 12 Jan 2024 14:00:13 +0000 https://missouriindependent.com/?p=18452

Craters across the Frenchman Flats in Nevada where the U.S. government tested hundreds of nuclear weapons. Under a proposed expansion of the Radiation Compensation Exposure Act, anyone in Utah diagnosed with certain cancers caused by nuclear testing would have been eligible for compensation. The expansion was cut from Congress’ defense spending bill (Karen Kasmauski via Getty Images).

People like Mary Dickson aren’t legally considered downwinders, the term used to describe those exposed to radiation during Cold War-era nuclear weapons testing in Nevada and New Mexico. 

“Every time I say I’m a downwinder, I get ‘Oh, you grew up in St. George?’” said Dickson, of Salt Lake City, who was diagnosed with thyroid cancer in 1985. “It’s been really frustrating because for 30 years, I’ve been trying to raise awareness that no, it wasn’t just southern Utah, it went everywhere.” 

This story is part of a national series looking at the legacy of nuclear weapons development and testing in the United States, and an expanding understanding of who was harmed.

That definition seemed likely to expand in December when a bipartisan group of lawmakers led by Sens. Josh Hawley, R-Mo., Ben Ray Lujan, D-N.M. and Mike Crapo, R-Idaho, sponsored an amendment to the defense spending bill that would have broadened the Radiation Compensation Exposure Act, or RECA.

With the proposed expansion, anyone in Utah diagnosed with certain cancers caused by nuclear testing would have been eligible for compensation. The measure also would have extended RECA, which is set to expire this June. 

But despite the expansion clearing the Senate on a bipartisan vote, it was cut from the House version of the bill after negotiations among congressional leaders. Hawley, in an interview with The Hill, credits his fraught relationship with Senate Republican Leader Mitch McConnell of Kentucky as the reason the amendment was stripped. Hawley said McConnell was “dead set” on striking the provision. 

“You’re playing with people’s lives! Get rid of the political infighting. That was so discouraging,” Dickson said. 

Now, the clock is ticking for all downwinders. 

‘It never went far enough’

In Utah, the government’s radiation compensation program covered residents who lived in one of 10 counties —– Beaver, Garfield, Iron, Kane, Millard, Piute, San Juan, Sevier, Washington and Wayne —– for two consecutive years from 1951 to 1958, or during the summer of 1962. 

People who worked in uranium mines, mills or transporting ore in Utah from 1942 to 1971 were also eligible. The University of Utah also maintains an archive and oral history project, complete with maps of estimated radiation dosage levels, dedicated to the state’s downwinders.

The limited eligibility under the current bill has been a source of major frustration for health care providers like Becky Barlow, director of the Radiation Exposure Screening and Education Program in St. George, which screens people exposed to radiation and helps them apply for compensation.

“Obviously radiation doesn’t stop at the county line,” said Barlow, whose program covers the lower half of Utah, and parts of Nevada and Arizona. Still, Barlow gets calls from all over the Mountain West from those who suspect they got sick from radiation, but who aren’t eligible under the federal program.

That includes people who worked in but didn’t live in counties covered by RECA, or who lived just two blocks away from the county line, or had kidney cancer, certain kinds of leukemia, autoimmune disorders or other diseases that are linked to radiation but not included in the act.

“I take calls from a lot of different people in a lot of different areas,” Barlow said. “It has changed their family experience. Their family experience is now a family experience of cancer and a history of cancer; what grandpa had cancer, which sister had cancer.”

But new research proves what activists like Dickson have been saying for years — that all of Utah was exposed to dangerous levels of radiation, mostly from the tests in Nevada. A detailed map published this summer as part of an academic model of radioactive fallout from the Trinity Test explosion in New Mexico in July 1945 and around 100 subsequent tests in the Nevada desert  shows a dark purple streak — indicating some of the highest concentrations of contamination — originating from the Nevada Test Site and leading right through Salt Lake City. 

“The vast majority of people who were made sick will never know that’s what made them sick,” Dickson said. “We didn’t even get an apology, we’re not recognized as downwinders and all these people in all these states are literally dying off.”

Dickson and other activists said they recorded abnormally high rates of cancer and autoimmune disorders in Salt Lake City. Cancer plagued Dickson’s Canyon Rim neighborhood, she said, and many children she grew up with developed tumors.. People exposed to radiation can develop cancer at any stage in their life — children are most at risk, with girls being particularly susceptible. Dickson’s own inner circle was heavily impacted, she said.

She was diagnosed with thyroid cancer in 1985 at 29 years old; her older sister died from complications from lupus, which studies show can be caused by radiation exposure; her younger sister has stomach cancer and another has autoimmune diseases. She has a niece who developed breast cancer, another niece with thyroid issues and other health complications including lupus.

“It’s everywhere. It never ends,” Dickson said. “I thank God I got better and I’m OK. There’s a woman I worked with and she died, and she always said ‘You have to keep doing this, the rest of us are too sick.’ So I feel this intense obligation.”

Dickson’s activism continued, with lobbying trips to Washington, D.C., and rallying impacted communities to contact their elected representatives. When she learned the amendment was stripped from the defense bill, Dickson described it as a “betrayal.”

“How much money are our lives worth? They give the excuse of money, but it’s an excuse, it’s not a reason. It’s a matter of priorities because there’s so much money that keeps getting invested in these weapons,” Dickson said.

Former Utah Republican Sen. Orrin Hatch helped pass the original RECA bill in 1990. The law took effect in 1992, and in the decades since, more than 54,000 claims have been filed with the U.S. Department of Justice, about 75% of them approved. As of the end of 2022, about $2.6 billion had been paid out, with downwinders receiving $50,000 and uranium workers getting $100,000.

But many who lived through years of nuclear testing say the program was too narrow. Studies show that radiation went far beyond the roughly two dozen counties originally included in RECA. The Princeton-led fallout research team found that contamination spread to 46 states, Canada and Mexico, starting with the detonation of the first atomic bomb in New Mexico — the Trinity Test Site in 1945 — and 93 additional atmospheric tests conducted in Nevada through 1962.

The expansion would have increased the amount of money available to people exposed to radiation from $75,000 to $150,000 for onsite participants, and from $50,000 to $150,000 for downwinders.

It would have also expanded the eligible regions to include new parts of Arizona, Colorado, Idaho, Montana, Nevada, Utah, New Mexico and the territory of Guam.

What’s next for Utah’s downwinders? 

Utah’s newest member of Congress, Republican Rep. Celeste Maloy, grew up in Lincoln County, Nevada, one of the first populated areas to sit in the shadow of a mushroom cloud. Ranchers noted cattle that consumed contaminated vegetation would turn dark brown or black

“Everybody in my hometown had stories about going and sitting in the back of trucks to watch the clouds, and cows that changed color. It’s just part of the fabric of life out there,” Maloy said. 

Her dad, who grew up in New Mexico and was diagnosed with thyroid cancer at 30 years old, “might be a downwinder,” she said. Many of her friends had parents and grandparents who developed cancer at young ages. 

Her district encompasses most of the counties in Utah that are already eligible under RECA. 

Just weeks into her first term, Maloy says her first priority is the next year’s spending bills. But expanding RECA, she told Utah News Dispatch, is high on her list. 

“I think we can get it done. It’s going to take Utah’s members being really focused on this, and it’s going to take me being really focused on this, because the second (congressional) district is the most impacted,” she said. “I do think there are people fighting for it in Congress.”

Maloy said all of Utah should be eligible for compensation; that the compensation rates should be increased from its 1990s-era levels; and that certain cancers and diseases that weren’t originally included in RECA should be added. 

“But it can’t just become a boondoggle so big that it collapses under its own weight, and then the people who are clearly impacted and need the compensation can’t get it,” she said.

The big question, according to Maloy, is: What should compensation look like 60 years after the last aboveground test? And how can Congress stop it from becoming another case of runaway federal spending?

“What we need,” she said, “is a good clean RECA bill that helps people in Utah, that isn’t so broad that we can’t get it funded.” 

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‘They scrapped us’: The Trinity downwinders and New Mexico mine workers who remain unrecognized https://missouriindependent.com/2024/01/11/they-scrapped-us-the-trinity-downwinders-and-new-mexico-mine-workers-who-remain-unrecognized/ https://missouriindependent.com/2024/01/11/they-scrapped-us-the-trinity-downwinders-and-new-mexico-mine-workers-who-remain-unrecognized/#respond Thu, 11 Jan 2024 14:00:20 +0000 https://missouriindependent.com/?p=18423

A monument to the world’s first atomic bomb detonation site at White Sands Missile Range in New Mexico (Erik Von Weber/Getty Images).

Those living nearest to the first nuclear blast in history have suffered for generations. 

In New Mexico, Trinity Test site neighbors weren’t warned or evacuated before the U.S. government detonated the atomic bomb in 1945. The light was so bright it could be seen hundreds of miles away. Nearly half a million people resided within a 150-mile radius of the blast. Witnesses said ash rained down for days. 

This story is part of a national series looking at the legacy of nuclear weapons development and testing in the United States, and an expanding understanding of who was harmed.

Cancers, diseases, early deaths, infant mortality and more have plagued people in New Mexico ever since the United States government set off the bomb in the Jornada del Muerto. But despite organizing and advocacy for well over a decade, they were neither recognized nor compensated. 

All of that could have finally changed last year, as Congress considered an expansion of the Radiation Exposure and Compensation Act with bipartisan support. New Mexico advocates said a victory after so many years of work never felt more possible. But during last-minute negotiations over defense spending, relief for people in New Mexico and potentially tens of thousands of others nationwide was unceremoniously nixed from the legislation. 

“I think it’s shockingly immoral that Congress believes the U.S. government can harm citizens and basically walk away from any responsibility,” said Tina Cordova, the founder of the Tularosa Basin Downwinders Consortium.

No warnings, no evacuations, no information

RECA was approved by Congress in 1990 as a form of apology, according to the Department of Justice, and as a means of paying families exposed to radiation when uranium for nuclear weapons was mined and milled, or when those weapons were tested. 

But it wasn’t created without prompting, the DOJ acknowledges. It was Navajo uranium miners and people living downwind of the Nevada Test Site who spurred the creation of the RECA fund. They’d been fighting for their families and communities in courts after being exposed to so much radiation and suffering its effects — cancers, lung diseases and early deaths.

Trinity downwinders were not covered by RECA.

A 2010 Centers for Disease Control and Prevention report confirms: “New Mexico residents were neither warned before the 1945 Trinity blast, informed of health hazards afterward, nor evacuated before, during, or after the test. Exposure rates in public areas from the world’s first nuclear explosion were measured at levels 10,000-times higher than currently allowed.”

Declassified documents show that in the days immediately following the blast, Manhattan Project planners realized the fallout radius was much larger and more dangerous than they’d expected. 

Though some New Mexico downwinders developed cancers years or decades later, other impacts may have been more immediate. A Roswell health care provider wrote a letter to a safety official with the Manhattan Project about a surprisingly high number of infant deaths one month after the bomb went off. Her concerns were dismissed.

But the New Mexico Health Department of Health found an unusually high rate of infant mortality in counties downwind from the explosion.

‘No one was taking notes here’

The impacts of the Atomic Age are broad in New Mexico, in Indigenous lands and throughout the region. Not only were many exposed to radiation during the Trinity Test in 1945, subsequent uranium mining for the purpose of developing nuclear weapons sickened and killed workers and their families.

Though the mines were mostly privately owned, the U.S. government was the customer paying for that uranium ore for decades after World War II. Hundreds of dormant and unaddressed mines remain like open wounds in the land, continuing harm to their neighbors.

Lawrence and Arlene Juanico never knew the land without uranium mines. Now, they are fighting for recognition of their impact on Laguna Pueblo. The Juanicos and other volunteers have worked to track diagnoses, and help people apply for benefits for family members. 

“No one was taking notes here,” Arlene Juanico said. “My partner and I are working to get an accurate amount of who was all affected by that.”

As more and more people impacted by radiation come forward — whether it’s from parts of  Missouri that were contaminated by Manhattan Project waste or families living in the Southwest when that first atomic bomb went off — the Juanicos want to make sure Laguna is remembered too. 

“I keep telling our people we need to expose ourselves to the world, let them know what we’ve gone through,” she said. “Because they’ll talk a little about Navajo Nation miners, yes, they talk about Trinity. They talk about Jana [Elementary School], in St. Louis. But what about this little place called Paguate Village, where the open-pit uranium mine was once the largest in the nation?”

They are both from Laguna, which is situated between two intermittent rivers — Rio Paguate and Rio San Jose — about 40 miles west of Albuquerque.

A winding belt of uranium snakes down the western edge of the state and neighboring Navajo Nation. The mining and development of that belt, inhabited by Indigenous people, drove the nuclear age in the United States.

After the Trinity detonation in southern New Mexico, the U.S. government demanded more nuclear weapons tests and stockpiles. The rapid expansion of civil nuclear power, while short-lived, also pushed uranium extraction higher.   

Montana-based Anaconda Minerals Co. operated the Jackpile-Paguate mine on Laguna Pueblo from 1952 until 1982. Anaconda also operated a mill in Bluewater about 40 miles northwest of Laguna, which refined the ore into enriched uranium to eventually use for weapons and power reactors.

Arlene grew up on the edge of Paguate village, which sits near what  was once the largest uranium mine in the world. Born just three years after the mine opened, she said her life was measured in blasts from the mine. 

Every day, twice a day, she recalled, plumes would rise from the explosives detonated at noon and 4 p.m.

“Depending on which way the wind blew, that uranium dust would cover our village,” she said, recalling how her family members, mainly women, would try to cover the dried fruits and meats that hung outside.

Her father and brother worked in the mines. She eventually joined them in 1975 as a truck driver. She stayed on until 1981, just as the mine was closing.

The jobs made good money, Arlene said, and helped her during a period as a single mother.

But it also exacted its toll.

Her brother died of cancer in 1996. A nephew died of kidney cancer at age 39, her grandmother on her father’s side passed, also from cancer. Her father died in a car accident in 1968, but an autopsy revealed pulmonary fibrosis, a scarring of the lungs that makes breathing difficult and can be a sign of radiation injury.

The Juanicos said that many on Laguna paid the price with their health and their lives. As younger mine and mill workers age, they’re facing high medical bills and continued harm from radon exposure that is still present at the closed mine. It’s listed among the country’s Superfund sites, and though it’s being studied, a remedy has not been selected or started, according to the Environmental Protection Agency.

Some New Mexico uranium miners are eligible for a one-time $100,000 payment under the Radiation Exposure and Compensation Act. It’s limited to workers who were employed between 1942 and 1971. But plenty of miners and mill workers on Laguna labored there during later years. And as it stands, RECA is set to expire this summer.

Congress considered broadening the act last year so more people across the country would be eligible for compensation, including those who’d worked the mines through 1990. 

Juanico said expanding the radiation compensation program would be “life-changing” for people impacted by radiation exposure. On Laguna, federal funds could at least help families travel to seek medical care, since the nearest hospital to offer care for these issues is in Albuquerque. 

Though RECA expansion had bipartisan support and cleared the Senate in July, it was stripped from a sprawling defense spending bill in December.

“These people, how can they sleep at night, with the injustice of that vote, with the human lives that they’re playing with,” she said. “They betrayed us.”

It’s another “slap across the face,” Lawrence said.

Some lawmakers — including New Mexico’s delegation — vowed to keep fighting on behalf of the estimated tens of thousands more people nationwide who could seek recompense after being unwittingly exposed to radiation and suffering severe illnesses. 

The Juanicos and their cohort of miners are young enough that they could live to see the funding if a more comprehensive version of the act is passed soon, Arlene said. Many of the older community members may not. 

But in the wake of the mine’s shutdown, the people who are sickened and dying are left behind.

“When they shut everything down, they scrapped us,” Lawrence said.

Though RECA covers miners, mill workers and ore transporters, abandoned mines themselves remain a health hazard. Laguna Pueblo is downstream from several former mine and mill sites. Overall, there are an estimated 1,100 uranium mine and mill sites in New Mexico, with about half on the Navajo Nation.

It’s a problem of potentially “infinite” scope and cost, according to a lengthy research report from the Bureau of Business and Economic Research at the University of New Mexico. Legislation passed and signed in 2022 directed the state’s Environment Department to coordinate other departments and agencies working on cleanup in the state, and created a revolving fund for the work, made up of grants and donations, federal funding, and money from settlements. 

Early stages of the work moved slowly, and state officials reported it would be years before cleanup could actually begin. Hiring people to oversee the efforts, deciding what methods to use, finding workers, identifying and chasing down responsible parties — all of that work, they said, will take time.

The Radius series is a collaboration between MuckRock and States Newsroom outlets, including Source New Mexico, Colorado Newsline, Utah News Dispatch, Arizona Mirror, The Missouri Independent, Idaho Capital Sun and The Daily Montanan.
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‘What do we have to do?’: Fresh awareness of historic nuclear radiation in Montana neighborhoods https://missouriindependent.com/2024/01/10/what-do-we-have-to-do-fresh-awareness-of-historic-nuclear-radiation-in-montana-neighborhoods/ https://missouriindependent.com/2024/01/10/what-do-we-have-to-do-fresh-awareness-of-historic-nuclear-radiation-in-montana-neighborhoods/#respond Wed, 10 Jan 2024 15:00:12 +0000 https://missouriindependent.com/?p=18414

A fireball ascends from the first atomic artillery shell in history, tested at the Nevada Test Site in 1953. Radiation from the test site fell across the West, including in Montana (Photo: Library of Congress).

Growing up in Cut Bank, Montana, Patti Jo Ruegamer would spend most summer days going to the farm with her mother and father in Meriwether, about 25 miles west.

This story is part of a national series looking at the legacy of nuclear weapons development and testing in the United States, and an expanding understanding of who was harmed.

While her parents worked, she would go to the neighbor’s place, where she and other children drank fresh milk from the cows there, and would spend the day riding horses, swimming in the river or roaming the area.

The clouds drifting above them, though, may have contained radioactive fallout from nuclear weapons experiments performed by the U.S. government hundreds of miles away in the 1950s and ’60s.

A landmark study by the National Cancer Institute in 1997 showed that out of the top 25 counties in the United States that received the most radioactive byproduct from weapons tests in Nevada, 15 were in Montana. 

In the hours and days after the testing, cows and goats that ate grass blanketed by radiation saw more of the iodine-131 collected in their milk, which was then passed on to humans that drank it. Iodine-131 is collected in humans’ thyroid glands.

Now 70 years old, Ruegamer wonders if it was the daily glasses of fresh milk, and perhaps eating farm-grown vegetables, that might have led both her and her daughter to develop thyroid cancer and for her to develop an ovarian cyst as a teenager that had to be removed.

“I don’t know how many women, and it could be reservation women in particular, or people that may be related to this radiation, have been walking around forever with their thyroids out of whack,” she said.

Modeling fallout and precipitation data, and collecting archived radiation exposure readings from old “gummed film” and milk consumption rates from the 1950s and 60s, the NCI study estimated the number of “rads” — doses of radiation absorbed by a person — that were absorbed in each county in the United States. 

The report identified Montana’s Meagher County, home to White Sulphur Springs, as having received more radiation than any other county in the U.S.

Researchers found people in 15 Montana counties — Meagher, Broadwater, Beaverhead, Chouteau, Jefferson, Powell, Judith Basin, Madison, Fergus, Gallatin, Petroleum, Lewis and Clark, Blaine, Silver Bow and Deer Lodge — received estimated doses of iodine-131 to their thyroids between 9 and 16 rads.

But much of the rest of the state, including the Blackfeet Indian Reservation where Ruegamer lived, saw an estimated 6 to 9 rads, also among the highest in the United States. 

Ruegamer said she had spoken with elders on the reservation who also shared anecdotes of family members developing thyroid or other cancers who were around the same age as she was.

But there had been little discussion over the years on the Blackfeet Nation about the fallout from nuclear testing in Nevada, and fuel production in Washington, that made its way to Montana in the 1950s and ‘60s, and any possible ramifications.

She still has to this day the clipping of an article published in February 2005 by the Great Falls Tribune detailing the 1997 cancer researchers’ report and thyroid cancer in Montanans in counties that saw the most fallout, which she said opened her eyes.

Back in 1997, scientists said there was not an obvious link between the risk of thyroid cancer and areas of high iodine-131 exposure, though researchers told Congress they were still studying potential correlations.

By 2002, the NCI and National Institutes of Health had developed a pamphlet for Native communities discussing the connection between iodine-131 and thyroid cancer, saying definitively that people born between 1936 and 1963 who drank milk — especially unprocessed milk from cows and goats — were at the highest risk of seeing thyroid cancer from the radioactive byproduct.

Today, the government maintains that people who were under age 15 during the 1950s and early ‘60s living primarily in the Mountain West, but also through the Midwest and Northeast, who drank milk — especially fresh milk — are at the highest risk of developing cancer from radiation.

They’re sometimes called “downwinders” — those exposed to nuclear radiation blown to their homes from nuclear test sites in the United States. Twenty-six years after that NCI study came out, a decade-plus effort to include Montana downwinders in a program that provides money to people who developed certain illnesses again sits in limbo, as does the program itself.

Compensating unwitting victims

The Radiation Exposure and Compensation Act was created, in part, to compensate people living downwind of the Nevada test site who were sickened from the fallout. But Montana wasn’t covered.

In order to be eligible for the RECA program, people must have been present in a downwinder region for at least two years between January 1951 and November 1958, or from June 30, to July 31, 1962. They also must have a diagnosed primary cancer of certain organs, including the thyroid and ovary, or of certain other diseases.

Thyroid cancer affects women more than twice as often as men. The median age diagnosis is age 51, but about 34% of cases are diagnosed between the ages of 20 and 44, according to cancer institute data. The death rate is 0.5 per 100,000 people.

Cancer prevalence and mortality is higher on the Blackfeet Reservation than among white Montanans statewide, but other health factors contribute, too, according to a Department of Public Health and Human Services report.

An expansion of RECA was proposed in Congress last year that would have included people in Montana, as well as others in Idaho, Colorado, Missouri, New Mexico and Guam, and the parts of Arizona, Utah and Nevada that were not previously covered.

The expansion was included in a version of an $866 billion national defense budget bill that passed the U.S. Senate in July, with bipartisan support, including from Sen. Jon Tester, D-Montana. It would have also extended the RECA fund for 19 more years.

The program’s extension and expansion were cut, however, in early December by Republican leadership who have been unhappy with the estimated cost as they deride government spending and deficits.

The nonpartisan Congressional Budget Office in October estimated enhancing the RECA program and benefits for downwinders, people who were on-site participants of nuclear weapons testing, and people involved in uranium mining and transportation, would cost $147.1 billion over the next 10 years.

Last month, the House passed a version of the Defense spending bill that did not contain the RECA expansion, and the Senate followed suit. As it stands, the radiation compensation program, and the window for new claims, expires in June.

The uncertainty has some in Montana and other states wondering if they will ever be able to seek compensation for maladies they believe the government caused through nuclear testing, the effects of which it kept quiet for years, leaving their families and communities suffering.

Ruegamer said she believes Congress should keep working to pass the extension and expansion so that more can be learned about whether the contamination is increasing cancer and disease prevalence in now-older Montanans, and so they can receive much-needed compensation if that is the case.

She said going through her own thyroid disease around age 40, and now seeing her daughter  endure the same over the past year around the same age, has reminded her how much $50,000 could do to support families affected by the radiation.

“You’re just all — are we gonna make it through this? What do we have to do? What happens if we don’t?” she said. “…There’s the people — and there’s quite a few of them, probably a majority — that are just taking care of their basic needs. Some of them are not being met. So, you don’t have time to do advanced planning or wonder why this happens or that happens. You just have to make it through that day, make sure you get food on the table.”

Fallout in the statehouse

Supporting a national expansion of the radiation exposure program became a bipartisan effort at the Montana Legislature this year. 

During the committee hearing and on the Senate floor, senators from both parties shared anecdotes about growing up in the 1950s and ‘60s, and seeing friends and family members develop illnesses earlier in life than expected.

Sen. Andrea Olsen, a Missoula Democrat who sponsored Senate Resolution 69, told fellow lawmakers that sending a message to Congress to include Montana in the RECA program was “an opportunity to really fix a wrong that’s been going on way too long for the people of Montana.”

She explained the history of the testing and how the government sought to perform tests in Nevada when the jet stream was pushing more of the radiation into Idaho, Wyoming and Montana — less populated areas — and how the RECA program came about in 1990. She also detailed the 1997 report.

Sen. Mike Cuffe, R-Eureka, said his mother had a “goiter” — an enlarged thyroid gland — removed from her neck in the mid-1950s and remembered a woman down the street who also had an infected thyroid. Sen. Wendy McKamey, R-Great Falls, said she had experienced similar issues with cancers in her family.

Several members of the public urged lawmakers to adopt the measure, also saying their family members were stricken with cancer they believe was caused by fallout radiation.

“We can actually make a difference for all these people in Montana, although many of them are gone now; may they rest in peace,” Olsen said. “And all this letter, this request from our Senate, is to say to them, ‘We’re aware of this problem and we ask you to help our people, help Montanans, fix this problem — as you determined was the right thing to do over 30 years ago.” 

By the time 42 of 50 Montana state senators voted to pass a resolution near the end of the 2023 session urging Congress to include Montanans in RECA protections, efforts to better understand the effects of the nuclear testing in Montana, and to include coverage for Montanans under RECA, had been ongoing at the Legislature and Congress for more than 20 years.

State Rep. Hal Harper, D-Helena, sponsored a bill during the 1999 session, based on the 1997 National Cancer Institute report, which sought to have the Department of Public Health and Human Services determine the extent Montanans were exposed to the iodine-131 fallout from testing in Nevada. The bill was tabled after its first committee hearing.

When the cattle turned white

The first person lawmakers heard from in April after Olsen finished her opening remarks was Gayla Bradberry, who drove to Helena from Yellowstone County to urge the Senate State Administration Committee to move the bill along to the full chamber.

She was born in 1947 and grew up in New Mexico, as her father, uncle and grandfather partnered in a cattle operation in Nogal Canyon about 45 miles east of the Trinity Test Site, where the U.S. detonated the first nuclear bomb on July 16, 1945.

Though she hadn’t been born when the test happened, she told lawmakers that her uncle had told her that he’d seen the explosion and later that day, the cattle’s hair had turned white. Her brother recalled their father selling the cattle for less than expected that year because of the “atomic hair.” That was one sign of what the secret bomb had done to the people, plants and animals living in the area, she said.

But as she grew up, her family members started getting sick and dying, she said in an interview in December.

Her mother, Virginia Zumwalt, died in 1963 at age 51 of a metastasized tumor after spending the prior three years driving to El Paso, Texas, for treatments. Five years later, Bradberry’s father, Ray Zumwalt, died of lymphoma after six months in the hospital.

She said that she and her brothers were forced to sell the family ranch to pay for those expenses, and she married in 1968 without a parent to walk her down the aisle.

She and her husband followed one of her brothers to Montana in 1972, settling 10 months later in Yellowstone County. But moving away did not leave the illness and death behind, she said.

By her count, more than a dozen aunts, uncles and cousins have been treated or died from cancers. She said she didn’t understand the link between radiation exposure and cancers until reading an article in the Billings Gazette in 2017.

“That alerted me to the connection between my family’s deep losses to cancer by so many of my family,” she said. “I had a hunch, but I didn’t have any data or any kind of scientific connection until then.”

She was born with a genetic marker from the radiation her parents received, she said, which she has now passed on to one of her sons. 

Bradberry, like many New Mexico downwinders and their children, believed last summer’s release of “Oppenheimer, ” which chronicles the Trinity program and weapons testing in New Mexico, would push an expansion and extension of RECA across the finish line to finally provide support for the thousands that suffered.

“I understand that secrecy was important. I mean, we won the war because of it. We couldn’t let Germany and Japan know at the time,” she said. “But when do you finally stand up and say, ‘Oops, now let’s protect the health and safety of our loyal citizens.’ Right?”

The fight in Congress

In 2005, former U.S. Sen. Conrad Burns, R-Montana, first introduced a bill to expand RECA to include Montana, then teamed up with Sen. Mike Crapo, R-Idaho, to introduce a bill to have RECA apply in both states.

When Tester took office in his newly won Senate seat in 2007, he jumped in to support the Montana-Idaho expansion along with then-Sen. Max Baucus, another Montana Democrat, and both Crapo and Sen. Jim Risch, R-Idaho.

“This bill is about doing right by Montanans and folks in other states who were left out of the original law that was based on geography rather than medical science,” Tester said at the time.

The New Mexico delegation also continued to press through the 2010s to have RECA expanded to include downwinders of the Trinity test. In June 2022, President Biden passed a two-year extension of the program but didn’t broaden the program to include more affected counties.

Sen. Josh Hawley, R-Missouri, joined the fight last year to seek compensation from nuclear waste contamination in the St. Louis area. The expansion and extension amendment passed the Senate 61-37 and drew support from Biden.

“I’m prepared to help in terms of making sure that those folks are taken care of,” Biden said in August.

But the version of the NDAA the House passed in December stripped the amendment out, and the Senate agreed to pass that version with an end-of-year deadline looming.

Tester’s office said he would continue to explore other legislative vehicles to be sure the expansion passes before the program expires this summer. Sen. Ben Ray Luján, D-New Mexico, one of the sponsors of the extension and expansion effort, blamed Republican leadership for removing the amendment.

“I have been pushing for well over a decade to strengthen the RECA program for New Mexico uranium mine workers and Downwinders,” he said in a statement. “This is a bipartisan issue that has a bipartisan solution, and I remain committed to working with this bipartisan coalition to keep RECA moving forward. I will never stop fighting for justice.”

In a speech to the Senate, Crapo said he remained committed to the effort he started more than a decade ago.

“It is frustrating and discouraging that bipartisan support from both chambers of Congress still cannot get this legislation enacted into law,” he said. “… This fight is not over, and I look forward to the day where we can celebrate the necessary updates and commemorate those who did not live to see it.”

Bradberry said she is disappointed by Congress’ recent decision to remove the expansion from the defense spending bill, but she hopes the fight for both Montana and New Mexico continues, because she believes everyone who suffered from radiation exposure in any state should be compensated for the government’s actions.

Part of her personal therapy in experiencing so much grief and loss comes through writing poetry about the Trinity test and subsequent fallout — both literal and proverbial. One she wrote in 2017, “The Canyon of the Shadow of Death,” details the idyllic New Mexico valley and way of life before the bomb and the grim reality that followed for so many downwinders:

Tumors, chemo, strangers, funerals, foreclosures. The fallen and the falling. The family’s legacy of death continues.

The malignant anger and helplessness disturbs, aware of the betrayal by a government established “to preserve and protect.”

For what destroying the enemy, also destroyed peaceful native patriots.

Poisoned without warning, without apology, without honor.

The Radius series is a collaboration between MuckRock and States Newsroom outlets, including The Daily Montanan, Colorado Newsline, Source New Mexico, Arizona Mirror, The Missouri Independent, Idaho Capital Sun and Utah News Dispatch.

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‘We got mad’: Years of pain after a childhood near radioactive Coldwater Creek in Missouri https://missouriindependent.com/2024/01/09/we-got-mad-years-of-pain-after-a-childhood-near-radioactive-coldwater-creek-in-missouri/ https://missouriindependent.com/2024/01/09/we-got-mad-years-of-pain-after-a-childhood-near-radioactive-coldwater-creek-in-missouri/#respond Tue, 09 Jan 2024 15:00:31 +0000 https://missouriindependent.com/?p=18375

A photo taken in 1960 of deteriorating steel drums containing radioactive residues near Coldwater Creek, by the Mallinckrodt-St. Louis Sites Task Force Working Group (State Historical Society of Missouri, Kay Drey Mallinckrodt Collection, 1943-2006).

Billy Winters’ childhood in Florissant in the 1960s sounds enviable. 

His parents bought a new house as thousands of other families flocked to the growing St. Louis suburbs. Winters’ neighborhood was full of other kids to play with. He spent almost every day splashing in a creek that ran near his home.

This story is part of a national series looking at the legacy of nuclear weapons development and testing in the United States, and an expanding understanding of who was harmed (Photo illustration by Tyler Gross).

But Winters didn’t know at the time that the creek waters could be dangerous. The creek he was playing in was a small tributary to Coldwater Creek, which unbeknownst to him had been contaminated with radioactive waste left over from World War II. When Coldwater Creek flooded, its waters would back up in the creek near Winters’ family home. 

His father worked for McDonnell Douglas, an aerospace manufacturer near the St. Louis airport. A 21-acre parcel on the airport property had become a dumping ground for radioactive waste produced downtown.

Winters, who has lived in Florida since 1983, only found out about the poisonous waste that had been dumped at sites all over St. Louis County a few months ago. But it could explain the myriad chronic illnesses he has developed over the years. His wife, Kathy Winters, said that the first 24 hours after they learned about the contamination felt “almost like a sense of relief.”

“This is it, maybe,” she said. “This is why Billy has all this stuff going on. And then, after the first 24 hours, we got mad.”

The St. Louis region was pivotal to the development of the first nuclear bomb in the 1940s. Uranium for the Manhattan Project — the name given to the effort to develop the bomb — was refined in downtown St. Louis. The leftover radioactive waste has plagued the metro area ever since.

‘I can’t describe how much pain I would be in’

Winters’ health struggles began in the early 2000s with an inexplicable high fever and headache. Despite a dayslong stay in the intensive care unit, doctors weren’t sure what was wrong. His lab reports seemed to point toward congestive heart failure. 

He never found out what caused the fever, but he got better.

Next, his joints started locking up, and a biopsy revealed sarcoidosis, a rare inflammatory disease that can cause fatigue, swollen lymph nodes and joint pain and swelling. At times, he said, he couldn’t walk to the end of his driveway. 

“I can’t describe how much pain I would be in,” Winters said.

Billy Winters and his wife, Kathy, pose in front of a Christmas tree. Billy grew up in the St. Louis area not far from Coldwater Creek and has multiple myeloma, a form of cancer that could have made him eligible for a proposed expansion of the Radiation Exposure Compensation Act (photo submitted).

A couple of years after that, Winters was diagnosed with multiple myeloma, a rare cancer that has been found at higher-than-expected rates in parts of St. Louis County. He also suffers from scleromyxedema and diabetes. 

The pain those diseases left Winters in forced him to retire in 2016. 

He can’t walk half a mile because his joints will start to hurt so badly.

“I had expected in my earlier years that I’d be a whole lot healthier when I retired,” Winters said. 

Radiation exposure is a possible risk factor for developing multiple myeloma, but the connection isn’t clear. Even so, programs for workers and residents exposed to Manhattan Project tests include multiple myeloma and diabetes as compensable diseases.

Billy’s illness has limited the Winters in what they can do in retirement. In the spring, they’ll visit Billy’s sister in Virginia and will get a powered wheelchair for the trip. Sometimes Billy feels guilty the two can’t be more active, but Kathy says they will manage, “for better, for worse, for richer, for poorer.”

Proving and environmental exposure was the primary cause of someone’s illness — rather than family history, diet or other risk factors — is difficult. But for years, St. Louis-area residents have pointed to the remnant nuclear waste that contaminated huge swaths of north St. Louis County to explain rare cancers, autoimmune disorders and other diseases.

History of contamination

Even before Winters’ family moved into their Florissant house, the radioactive waste from uranium refining operations in downtown St. Louis posed a health risk.

After the war, waste from Mallinckrodt Chemical Works in St. Louis was trucked to the city’s airport, at times falling out of trucks only to be picked up by a worker with a shovel and broom. For years, the waste was left in the open on the north side of the airport property, adjacent to Coldwater Creek, where wind and rainwater dispersed it. 

Winters’ father worked nearby and died in the 1990s from liver cancer.

In 1949, Mallinckrodt Chemical Works, which refined uranium for the Manhattan Project, discovered radioactive waste in deteriorating steel drums at the airport risked leaking into Coldwater Creek, according to an internal memo.

Private companies and government agencies with oversight of the radioactive material documented the possible dangers of the radioactive waste repeatedly but made little effort to keep it from spreading as suburbs sprung up around the airport and Coldwater Creek throughout the 1950s and 1960s. An investigation last summer by The Missouri Independent, MuckRock and The Associated Press laid bare the way they dismissed the spreading contamination as “slight,” “minimal” or “low-level.”

While at the airport, the waste — a 29-foot-tall mound including almost 200 tons of uranium — produced “some minor contamination to Coldwater Creek,” according to a report by the Atomic Energy Commission that claimed it was “well within permissible and acceptable limits.”

After a few years, the waste was sold to a private company to be further processed to extract valuable metals — such as copper, nickel or cobalt — and moved up the road to Latty Avenue in Hazelwood. It once again sat exposed to the elements and adjacent to Coldwater Creek.

Despite the move, soil and drainage ditches at the airport remained contaminated for decades until crews excavated more than 600,000 cubic yards of contaminated soil and scrap material. Remediation at the site wrapped up in 2007.

The Atomic Energy Commission initially planned to allow whatever was left after processing at Latty Avenue to be dumped in a quarry in Weldon Spring but reversed course after the U.S. Geological Survey warned it would likely contaminate the Missouri River just above the intakes for St. Louis County and St. Louis City’s drinking water. 

The Cotter Corp., which owned the waste at Latty Avenue, eventually dumped it in 1973 at the West Lake Landfill, where it remains to this day.

The Environmental Protection Agency is in the midst of planning an excavation and cleanup at the landfill but didn’t discover the true extent of the waste until earlier this year. 

For almost 50 years, federal agencies relied on a reading taken from a helicopter to determine where in the landfill the radioactive material had been dumped. 

But in May, the EPA announced the waste was spread throughout the landfill, not confined to two specific portions, as officials had long maintained. In some areas of the property, the waste was at the surface. In other locations, it was found deep underground. 

The agency said the health risk “remains unchanged” and that the site doesn’t pose a threat to nearby residents at this time.

Still no compensation 

After the investigation was published this summer, lawmakers quickly pledged to take action to support people who have been exposed to nuclear waste.

U.S. Sen. Josh Hawley, R-Missouri, joined senators from the Southwest and sponsored an expansion of the Radiation Exposure Compensation Act, which currently covers only some residents who were exposed to atomic bomb testing from 1945 to 1962 and developed any of a list of serious illnesses.

Expanding the program would open up coverage to more “downwinders,” a term for people exposed to airborne radiation from atomic bombs detonated as tests, in Colorado, New Mexico, Idaho, Montana and Guam and expand coverage to more regions in Arizona, Nevada and Utah. Missouri residents exposed to waste from the Manhattan Project would also be eligible.

Of particular significance, it would extend coverage to the Navajo Nation, one of the tribal areas most affected from the first atomic bomb testing in 1945. 

Since the radiation program first was created in the 1990s, more than 54,000 claims totaling about $2.6 billion have been approved. The program does not require claimants to prove their illnesses were caused by radiation, which is difficult to do, but rather presumes a connection if a sickened individual lived in a covered area at a time they could have been exposed. 

In Missouri, the expansion would have covered individuals who lived in one of 20 ZIP codes for at least two years after 1949. 

The Congressional Budget Office estimated the RECA expansion would cost $147.1 billion over 10 years. Missouri’s portion would be $3.7 billion of that.

The proposal was attached in the Senate to the National Defense Authorization Act with bipartisan support, and President Joe Biden signaled his support for it.

But the legislation was stripped from the NDAA in a conference committee where members of the U.S. House of Representatives and Senate met to work out differences in their versions of the bill.

Hawley decried that decision, calling it an “injustice,” but he said “the fight is not over.”

“I will come to this floor as long as it takes,” Hawley said on the Senate floor last month. “I will introduce this bill as long as it takes. I will force amendment votes as long as it takes until we compensate the people of this nation who have sacrificed for this nation.” 

Winters’ illnesses would have entitled him to compensation under the expansion. 

Multiple myeloma is one of the diseases covered by the bill, and he grew up in one of the affected ZIP codes. 

For uranium miners, millers and transporters, RECA currently provides a one-time lump sum of $100,000. People who were onsite at weapons tests can get $75,000, and those who lived downwind of a test site in Nevada can get $50,000. Under the proposed expansion, onsite participants and downwinders would have received $150,000. 

Billy and Kathy Winters are still hopeful the compensation program might come to fruition. Kathy said they would use the money if her husband’s illness progressed to the point he needed to go to an assisted living home. 

With his medical conditions, Billy doesn’t qualify for long-term care insurance policies, Kathy said, so they’d be fully responsible for the cost. 

“That money won’t go far,” Kathy said, “but every little bit would help.”

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Meatpacker withdraws request to dump wastewater into Pomme de Terre River https://missouriindependent.com/briefs/meatpacker-withdraws-request-to-dump-wastewater-into-pomme-de-terre-river/ Tue, 09 Jan 2024 12:00:17 +0000 https://missouriindependent.com/?post_type=briefs&p=18395

An undated photo of the Pomme de Terre River, which runs through Webster, Greene, Dallas, Polk and Hickory counties. A meat packing company near Pleasant Hope wants a permit to discharge its wastewater into the river, which is already proposed for the impaired waters list. (Shannon Henry photo via the U.S. Army Corps of Engineers)

A southwest Missouri meatpacker has withdrawn its request to discharge treated wastewater into an impaired river after state regulators announced their intent to deny the company a permit. 

Missouri Prime Beef Packers, which processes 3,500 cattle per week near Pleasant Hope, sought permission from the state last year to use a proprietary microbe technology to treat wastewater from its operations and discharge it into the Pomme de Terre River.

It had previously applied the wastewater to surrounding land as fertilizer. 

But the company informed the Missouri Department of Natural Resources last week that it was withdrawing its application for a permit to discharge water from its operations into the Pomme de Terre River. Representatives for the company did not immediately return a request for comment. 

The Pomme de Terre River winds through the Ozark region of southwest Missouri and provides clear, spring-fed water for canoeing, swimming and fishing. But it’s impaired by E. coli contamination, landing it on a federal list of impaired waterways.

In 2019, the river was found to have an average of more than 200 E. coli colonies per 100 milliliters of water, well above the limit of 126. E. coli data from 2020 are incomplete because of the COVID-19 pandemic’s effect on sample collection, and newer data are not yet available.

Missouri may deny meatpacker’s request to dump wastewater in river

Pomme de Terre Lake, which is fed by the river, is also considered impaired because of high levels of chlorophyll-a, indicating the water is receiving too much phosphorus and nitrogen, which can lead to harmful algae blooms that reduce oxygen in the water and kill fish. Some blooms can lead to toxins and bacteria that can make people sick. 

Runoff from farms is a major source of nitrogen and phosphorus, which are found in animal waste. Untreated, the water from the meatpacking facility’s processing could also contain those chemicals. 

Because of the river’s existing struggle with contamination, environmental advocates feared allowing Missouri Prime Beef Packers to release wastewater into the river would make things worse. While the company would treat the water before releasing it, critics raised concerns about the effectiveness of the company’s microbe technology, called iLeaf. 

The Missouri Department of Natural Resources had previously reviewed the Missouri Prime Beef Packers’ request and determined it wouldn’t harm the river. But after hearing concerns from members of the public, the agency announced a draft denial, saying the company didn’t meet all of the regulatory requirements to use an innovative technology

John Hoke, director of the agency’s water protection programs, said at the time that the department hadn’t seen the technology used at the scale the meatpacking facility proposed to use it.

Heather Peters, the Missouri Department of Natural Resources’ water pollution control branch chief, said in an emailed statement that until the meatpacking facility has a permit for land application it either has to store its wastewater, haul it to a treatment facility or take it out of state.

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White House unveils $1 billion for electric and low-emission school buses https://missouriindependent.com/briefs/white-house-unveils-1-billion-for-electric-and-low-emission-school-buses/ Mon, 08 Jan 2024 21:54:13 +0000 https://missouriindependent.com/?post_type=briefs&p=18387

The Biden administration on Monday announced funding for more than 2,700 electric and low-emission school buses. Shown are parked school buses in a lot during the COVID-19 pandemic on April 21, 2020 in Charlotte, North Carolina (Streeter Lecka/Getty Images).

WASHINGTON — The Biden administration announced Monday $1 billion in funding for more than 2,700 electric and low-emission school buses across 37 states.

This is a second part of funding of a $5 billion, five-year initiative from the bipartisan infrastructure law. In total, the U.S. Environmental Protection Agency’s Clean School Bus Program has awarded nearly $2 billion and funded approximately 5,000 electric and low-emission school buses nationwide.

On a call with reporters, EPA Administrator Michael S. Regan said that many school buses “rely on internal combustion engines that emit toxic pollution in to the air.”

“Not only are these pollutants harmful to the environment, but they can also be harmful to the health and well-being of every student, every bus driver and every resident in surrounding communities,” he continued.

Out of the 2,737 school buses, 95% will be electric, the White House said. There are roughly half a million school buses across the U.S. used by public schools. A recent Office of Inspector General’s report found that EPA’s Clean Bus Program could be delayed by local utility companies trying to meet demand for electric school buses.

The report found that because “EPA’s 2022 rebate application did not require applicants to coordinate with their utility companies before applying for rebates … the Agency may be unable to effectively manage and achieve the program mission unless utility companies can meet increasing power supply demands for electric school buses.”

In response to that report, Regan said that he is in contact with electric utilities across the country and “they’re excited about (electric vehicles) period, whether it be school buses, whether it be transit or whether it be cars and trucks.”

“I have no doubt that our electricity system can handle this transition,” he said.

Regan said that low-income public school districts and tribal communities make up about 86% of the projects selected to receive funding. Some of those funding mechanisms include grants, rebates and contracts.

States that were given multiple awards for clean energy school buses include Arkansas, Arizona, Florida, Georgia, Louisiana, Michigan, Missouri, North Carolina, Oklahoma, Oregon and Washington state, among others.

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Coldwater Creek to finally have warning signs after decades of nuclear contamination https://missouriindependent.com/2024/01/08/coldwater-creek-to-finally-have-warning-signs-after-decades-of-nuclear-contamination/ https://missouriindependent.com/2024/01/08/coldwater-creek-to-finally-have-warning-signs-after-decades-of-nuclear-contamination/#respond Mon, 08 Jan 2024 21:29:13 +0000 https://missouriindependent.com/?p=18383

Coldwater Creek runs by the St. Louis airport and through Florissant and Hazelwood before flowing into the Missouri River. The creek is contaminated by nuclear waste left over from the effort to build the first atomic bomb during World War II (Theo Welling/Riverfront Times).

A joint investigation by The Independent and MuckRock.

More than 70 years after workers first realized barrels of radioactive waste risked contaminating Coldwater Creek, the federal government has started work to put up signs warning residents.

The U.S. Army Corps of Engineers said in a statement Monday that it was working with the Environmental Protection Agency to add signs along the creek to help it monitor areas “that may pose a risk if disturbed.”

Coldwater Creek has been contaminated for decades with radioactive waste left over from the World War II-era effort to build an atomic bomb. But though the creek winds through some of St. Louis’ busiest suburbs and past public parks and schools, the federal government had resisted calls to post signs warning visitors of the contamination.

“This is decades of potential exposure that could have been prevented that they drug their feet on,” said Dawn Chapman, co-founder of Just Moms STL, an organization formed to advocate for communities affected by St. Louis-area radioactive waste.

Despite the delays, Chapman said she’s thankful that the signs are finally going to be installed. 

The St. Louis area has long struggled with a radioactive waste problem. Uranium for the Manhattan Project, the name given to the effort to develop the first atomic bomb, was refined in downtown St. Louis.

After World War II, radioactive waste left over from those efforts was trucked to the St. Louis airport and dumped — some on the open ground and some in barrels — next to Coldwater Creek. As early as 1949, Mallinckrodt Chemical Works, the company that refined uranium for the federal government, was aware the waste could escape deteriorating barrels and enter the creek.

The waste was later sold and moved to a property in Hazelwood where it once again sat in the open next to Coldwater Creek. In the 1970s, the remaining waste that couldn’t be processed to extract valuable metals was transported to the West Lake Landfill in Bridgeton and dumped there illegally. It’s still there today. 

Coldwater Creek is expected to be cleaned up by 2038 — 89 years after Mallinckrodt realized the waste could pose a risk to the creek.

An undated photo from the 1980s, of a child swinging from a rope into Coldwater Creek. The photo is from a scrapbook kept by Sandy Delcoure, who lived on Willow Creek in Florissant and donated the scrapbook to the Kay Drey Mallinckrodt Collection (State Historical Society of Missouri, Kay Drey Mallinckrodt Collection, 1943-2006).

U.S. Rep. Cori Bush, whose district includes all of St. Louis City and much of northern St. Louis County, introduced legislation in 2022 that would have required the Army Corps to install signs around Coldwater Creek. In a statement Monday, Bush said she was proud her office was working with the Army Corps and EPA to get the signs posted.

“North County residents have been unknowingly living and raising their families amongst radioactive contamination dumped by the federal government for years,” Bush said.

Bush said the community deserves to be “made whole,” which starts by “ensuring residents are aware of the existence of any environmental harms in our own backyard.” 

While the Army Corps, which has overseen the sites since the late 1990s, said the remaining contaminated sites surrounding Coldwater Creek only pose a risk if they’re disturbed, in previous decades exposure to the creek’s waters may have raised the risk of cancer for St. Louis residents

The Agency for Toxic Substances and Disease Registry concluded in 2019 that children and adults who played in or near Coldwater Creek or lived in its floodplain between the 1960s and 1990s may have been exposed to radioactive materials that raise the risk of certain cancers. The agency — part of the Centers for Disease Control and Prevention — recommended signs be placed along the creek to warn residents of the potential exposure risk.

According to the St. Louis Post-Dispatch, the Army Corps said at the time doing so wasn’t its role.

The Army Corps said there was nothing specific that caused the agency to change its mind on installing signs. The decision was “driven by our commitment to continuous improvement,” George Stringham, a spokesman for the Army Corps, said in an email. 

Stringham said the Army Corps would “continue to prioritize the health and safety of the community.”

A draft sign proposed by the U.S. Army Corps of Engineers would inform residents of the potential risk of exposure to radioactive contamination along Coldwater Creek in St. Louis County. The creek has been contaminated for decades but did not previously have signs warning visitors. (Courtesy of the U.S. Army Corps of Engineers)

“We are adding signage to help inform the community and let them know where to go to for accurate information as well as provide a resource for anyone that needs to dig in areas near Coldwater Creek that may need support from our office,” Stringham said. 

The Army Corps doesn’t yet have details to share regarding the number of signs and locations along the creek where they would be posted.

The EPA said the decision to add the signs “does not reflect a new or increased level of concern about the human health risk.”

The announcement comes at a time of renewed focus on St. Louis’ radioactive waste problem. Bush and U.S. Sen. Josh Hawley have sought compensation for residents sickened because of exposure to radioactive waste, and an investigation by The Missouri Independent, MuckRock and The Associated Press found that private companies and government agencies downplayed the risks associated with the contamination for decades .

Andy Quinones, senior communications manager for the city of Florissant, said the Army Corps had requested to put signs in several of the city’s parks that sit along the creek.

“I’m glad,” Quinones said, “that they are taking the initiative to start doing a better job of informing the public.”

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Environmental groups want stronger rules for use of coal ash fill after EPA reveals new risks https://missouriindependent.com/briefs/environmental-groups-want-stronger-rules-for-use-of-coal-ash-fill-after-epa-reveals-new-risks/ Tue, 02 Jan 2024 18:36:26 +0000 https://missouriindependent.com/?post_type=briefs&p=18294

Coal ash has long been used as filler material in residential areas, schools, highways, bridges and various infrastructure projects. The Environmental Protection Agency now says coal ash fill may create an elevated cancer risk (Spencer Platt/Getty Images).

Coal ash, what’s left over after coal is burned to generate electricity, is one of the largest waste streams in the U.S., with hundreds of millions of tons of it lying in hundreds of sites across the country.

However, a lot of that ash, which can contain a host of toxic metals, isn’t just sitting around in a landfills or disposal pits, it’s also been a cheap source of fill material, with 2 million tons of it being used for that purpose in 2021 alone, according to the American Coal Ash Association, a trade group. Earthjustice, an environmental group, citing the association’s numbers, says 180 million tons of coal ash has been used for fill since 1980. Ash has been used on everything from a golf course in Virginia to playgrounds in Tennessee and much of an entire Indiana town.

“Coal ash structural fill has been used to construct stable base layers for roads, bridges, airfields and large buildings across the state. … The availability and often low cost of coal ash made the product attractive to developers and landowners, especially during the 1980s and 1990s,” North Carolina’s Department of Environmental Quality says on its website. The state is one of few that has actually attempted to track where ash was used as structural fill.

And, in a draft risk assessment published in November by the U.S. Environmental Protection Agency as part of a proposed broader revision of its coal ash management rules, the agency now says using coal ash as fill may create elevated cancer risk from radiation.

“This is the first time EPA has identified the threat from radioactivity from ash use as fill,” said Lisa Evans, a senior attorney at Earthjustice. “Which is really important because ash has been used as fill for 100 years. … We didn’t really worry about the radioactivity until EPA pointed it out in this draft risk assessment.”

Coal ash, according to the EPA assessment, is recognized as “a type of technologically enhanced naturally occurring radioactive material,” meaning that naturally occurring radium “has been concentrated or altered, such as through combustion, in a way that increases the potential for exposure.”

In addition to groundwater contamination, risk depends on a host of factors, such as how much coal ash was mixed with soil and how much soil was used to cover the ash, called “coal combustion residuals” (CCR) in agency jargon.

“EPA also found greater potential for risk from gamma radiation as CCR comes to be located closer to the ground surface due to a reduction in shielding,” the EPA wrote in the assessment. “An additional sensitivity analysis identified potential for further risk if CCR becomes mixed with surface soil. Accumulation of CCR can result in elevated cancer risk from incidental ingestion of arsenic and radium, in addition to direct exposure to gamma radiation from radium.”

More than 150 groups sent a letter to the EPA Dec. 11 urging the agency to take several steps to protect the public from risks associated with using ash as fill.

They want the EPA to quantify the full range of health risks, from radiation in particular; investigate where ash was placed near residential areas and require clean up; craft a rule that prohibits the use of ash as structural fill; and issue a public advisory recommending an immediate halt to use of ash as fill in residential areas. The letter notes that the EPA found cancer risks even when small amounts of ash (1 to 2% of the soil mix) are used.

“EPA action to remedy these hazardous sites and prevent further dangerous use of toxic coal ash is needed because EPA’s current regulation of coal ash fill is grossly inadequate,” the groups wrote, noting that there are no restrictions on ash placement for volumes less than 12,400 tons. “For larger volumes, the lack of enforceable safeguards and oversight is equally disastrous. In most states, coal ash fill can be placed directly next to or under dwellings, drinking water wells, aquifers and playgrounds. Further, there is often no requirement to even cover the toxic waste.”

A spokesperson for the agency said it would “review the letter and respond through the appropriate channels.”

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Boom or bubble? High Missouri farmland prices encourage investors, concern farmers https://missouriindependent.com/2024/01/01/boom-or-bubble-high-missouri-farmland-prices-encourage-investors-concern-farmers/ https://missouriindependent.com/2024/01/01/boom-or-bubble-high-missouri-farmland-prices-encourage-investors-concern-farmers/#respond Mon, 01 Jan 2024 12:00:28 +0000 https://missouriindependent.com/?p=18216

Darvin Bentlage is a fourth-generation farmer in Missouri. He sold his roughly 700-acre farm in the fall, moving to a smaller property in the area (Jason Crow/InvestigateTT).

A lot can change in just under three years — a flip in control of the House of Representatives, four new iPhone models, a once-groundbreaking vaccine now offered alongside annual flu shots.

For one fourth-generation farmer, almost everything has changed.

“It was time,” Darvin Bentlage said, referring to his decision to significantly downsize his farming operation.

“It was a little bit difficult, but I’ve always treated the farm as a business,” he said. “The enjoyment of the outdoors was the emotional part, but I’ve still got outdoors here.”

The longtime Missouri farmer said it made sense for him physically to cut back his footprint.

“My father, I watched him deteriorate on the farm and the ‘want to’ was still there, but the ability to do the job was not, and so I didn’t want to put my kids in that situation,” he said.

Not wanting to burden his children, however, goes further for Bentlage — he has discouraged his children from pursuing his trade, even if it means the generational legacy stops with him.

“I said, ‘Go get you a steady job that pays you,’” he said.

Bentlage originally spoke with InvestigateTV in 2021, and at the time noted smaller family farms such as his or farmers new to the trade are at a major disadvantage compared to large, corporate-consolidated operations, especially when it comes to the price of land.

“The small guys can’t compete,” he said in that 2021 interview, and just shy of three years later, Bentlage said he’s more convinced than ever after selling his own acres.

“My purpose was not to gouge anybody, just to get a fair price for myself and give everybody a fair price,” he said.

That price, $4,500 per acre, was actually below Missouri’s 2023 state average for agricultural land, but in the end none of the family farmers interested could afford it — and an out-of-state, corporate-backed buyer paid the asking price.

“They gave us what we wanted,” Bentlage said.

Agricultural land has almost always been seen as a “good” investment, with some economists in the past labeling the asset as “inflation proof” because of its generally reliable profits and the industry’s steady support from lawmakers.

In recent years, land prices have continued to see steep increases across the country despite market conditions that should have slowed their ascent. While some experts attribute this growth to how attractive farmland has always been, others are concerned about the level of investment by not only consolidated corporate farming operations, but by investment firms, hedge funds and other non-traditional players.

“When you’re an outside investor that’s interested in agriculture, you’re interested because you want a return. Now everybody wants a return on their work, but the difference with these outside investors are they don’t have the same community ties, the same community attachments a farmer does,” said Loka Ashwood, an associate professor of sociology at the University of Kentucky. “It’s not good for rural communities.”

Concerns such as Ashwood’s and the many experiences similar to Bentlage have garnered the attention of lawmakers, who have proposed tightening ownership rules to try to even the playing field.

There are those who say the concern over rising prices and the influence of investment ownership is overblown — that the farm real estate market is simply functioning as designed. That the reality of farming no longer being primarily a family-owned-and-operated enterprise is here to stay.

Rising prices

Every year, the USDA surveys farmers across the country to estimate the average amount per acre that U.S. farmland is worth — meaning how much that land would reasonably sell for under current market conditions.

Almost every year over the last decade that amount has increased. For 2023, the average is $4,080 per acre of farmland, an increase of $280, or 7.4%, over 2022, and almost double the average value in 2009.

For cropland specifically, the rise has been steeper — now $5,460 per acre compared to $5,050 in 2022, or an 8.1% increase, and more than double the average per-acre value in 2009.

At $4,500 per acre, the price Bentlage’s buyer paid, it matches Missouri’s 2023 state average for all farm real estate, and is slightly below the state average of $4,610 per acre for cropland.

Bentlage said, at the time, other properties in his area were going for $5,000 per acre.

Growing around 8% each year, Missouri’s prices have been increasing at close to the same rate as the national average since 2019.

In other parts of the country, though, the increases have been more extreme. The Federal Reserve Bank of Minneapolis reported that according to its third quarter survey, values for farmland in its region were up to 12.8% higher for irrigated cropland compared to the same time in 2022.

Survey respondents — bankers in charge of agriculture lending — noted forces they see driving up prices beyond profitable crops.

“Several respondents noted pressures behind rising farmland prices, such as out-of-state hunters looking for recreational land as well as domestic and international investors purchasing property. These pressures have ‘driven up the price of ag land making [it] next to impossible for the next generation to purchase or even lease land to farm or raise livestock,’ said a Montana banker. ‘More & more is taken out of production as well.’”

A study out of Auburn University found that foreign investors — individuals or entities outside the U.S. — paid on average 13.7% more for farmland than U.S. buyers did for similar farms. Researchers looked at purchases made by overseas investors across 11 states from 2015 to 2020, and they compared those sales with comparable transactions involving domestic buyers.

According to researchers, those investors appeared to be more often interested in the non-traditional or non-farming potential of these properties, with the business names indicating involvement in solar or wind farming.

The Auburn study noted researchers determined no direct evidence that foreign investment specifically is driving the land market, as only around 3% of U.S. agricultural land is held by overseas owners.

However, InvestigateTV has found previously that federal data on land sales involving overseas ownership is often incomplete.

Who owns the land?

Even when investors are domestic entities, it can be difficult to identify who or what owns a given plot of farmland.

Ashwood, the University of Kentucky professor, has done research on the limited information available when it comes to land records.

“We don’t have the aggregated data through, for example, the U.S. Department of Agriculture, that shows how much corporate land ownership there is, one, and then ultimately, who are the investors behind those LLCs, and those corporate structures or those partnerships,” she said.

University of Kentucky professor Loka Ashwood has done research on the limited information available when it comes to land records (Lance Washington/Investigate TV).

In most cases, property records are public information, but in the absence of an aggregated land registry at the federal level, the only real option is to go county by county — and even then, some states limit the disclosure of information about real estate sales to the public.

InvestigateTV and Investigate Midwest reviewed county land records for Midwestern counties that have seen large increases in cash rents in recent years and attempted to identify transactions involving non-traditional investors.

That review of tax assessors’ records, along with previous, similar analyses, provided numerous examples of high-dollar, high-acreage sales:

●        Since 2020, Lawrence Land Holdings, LLC, a company owned by Tennessee billionaire Gaylon Lawrence, Jr., spent more than $22 million on at least nine properties in Piatt County, Illinois. In nearly all of those sales, the amount the company paid was nearly three times the amount of the most recent sale price.

●        Of the more than $22 million spent by Lawrence Land Holdings, $9.08 million was for land purchased from Global Ag Properties USA, also known as Westchester Group Investment Management, a company owned by TIAA, the major retirement asset manager. TIAA, through subsidiary Nuveen, has a large portfolio of farmland in both the U.S. and abroad, according to a company publication.

●        Land in multiple counties had been purchased by Farmland Reserve, Inc., an entity related to The Church of Jesus Christ of Latter-day Saints. The Mormon church has been seen buying up farmland across the country, with established agriculture businesses involving crops, cattle and citrus.

●        Numerous properties in Illinois and Kansas were found to have been bought or sold in recent years by Baloo Enterprises, LLC, a company connected to Jacksonville Jaguars owner Shahid Khan. Baloo is headquartered in Urbana, Illinois, near his alma mater, the University of Illinois at Urbana-Champaign, which has a center for farmland research sponsored by TIAA.

●        Dozens of properties were shown as being sold to Farmland Partners, Inc., reportedly the largest agriculture investment firm in the U.S. The company, which is traded on the New York Stock Exchange, has been open about its investment — even publishing a map on its website showing the farms in its portfolio.

Ashwood said one study she participated in looking at Illinois suggested that around 12% of agricultural land was corporate-owned — about half of which was owned by outside investors.

Nationwide, it’s been estimated that institutional owners — entities that have farmland as just one of many types of assets — account for just 1% to 2% of U.S. farmland ownership.

However, given the advantage in capital resources these companies have over other buyers, she said it’s likely the proportion of corporate ownership will keep getting bigger.

“It’s not just the amount that we think is in the structure right now. It’s how it’s positioned to grow because of all the advantages afforded to it,” she said.

In a press release about one of its purchases, Farmland Partners said, “We continue to hunt for prime farmland that can be purchased at a good price, and we prioritize properties that are close to other FPI farms because it creates efficiencies and drives strong rental rates.”

Rental rates — what operators pay to work farmland they don’t own and one of the metrics often used to estimate land values — have been going up. The Minnesota Fed survey found a 10.9% increase for ranchland rents in that region, and USDA data shows that is not an isolated phenomenon.

Ashwood and others say as ownership moves away from the individuals working the land, higher prices become riskier for everyone, including those whose retirement accounts or other investment portfolios are linked to growing numbers of acres.

“Some of my colleagues and fellow scholars in geography and sociology would say, ‘Yes,’ that there is a bubble right now in farmland, and it’s driven because of speculative investment,” Ashwood said. “It’s the treatment just of land as a good to diversify your portfolio or to make a return on, and you’re not necessarily concerned with the productive capacity of that land, or the long-term viability of the nutritional value of what you’re producing.”

Purdue University has been tracking one metric that agriculture economists use to look for signs of a bubble: capitalized rents.

Cash rental rates are believed to capture the profitability of an acre of farmland. If the price per acre for that same spot is higher than the cash rent can support based on long-term bond rates, Purdue economists suggest that could mean the market has over-shot the true value of the soil.

Using USDA average per-acre rent data and per-acre value data from 2023 and the current 10-year yield rate for U.S. Treasury bonds, the formula would suggest that many states have average per-acre values that are too high.

Purdue’s research notes that capitalized cash rents cannot be looked at in a vacuum, as there are a number of factors that influence farmland prices.

However, the university also did a survey in 2022 where 65% of respondents said they thought prices were too high, and one in four expected prices to increase through the end of 2023, with no change in how much profit land would bring in.

“Thus, over a quarter of all respondents have expectations consistent with farmland price bubbles,” the survey summary reads.

Serious skepticism

There are other academics, however, who remain skeptical of the influence of outside investment on land prices and the concerns of a bubble or outright refute the idea — as do many of those active in the farm investment industry.

Brian Luftman, cofounder of American Farm Investors, a firm that allows individuals to invest in a farm without having to front the cost of an entire operation, argued the increases are coming from a variety of causal factors.

“The average price that I’m paying for farmland now is 50%, higher than it was in 2011, when I started this business,” he said, “but it has accelerated over the last three years due to a host of factors. Oil prices have gone up, grain prices have gone up. A lot of it’s attributed to COVID spending and so much influx of cash into the market.”

He also said the war in Ukraine, one of the world’s largest producers of wheat, has pushed up commodity prices significantly, causing many farms to see appreciation over the last two years.

Brian Luftman in his Kentucky office of American Farm Investors. “The average price that I’m paying for farmland now is 50%, higher than it was in 2011, when I started this business,” he said (Lance Washington/ Investigate TV).

These sentiments were echoed in responses to requests for comment sent by InvestigateTV and Investigate Midwest to the large or institutional investors identified in the review of property records.

Paul Pittman, founder and executive chairman for Farmland Partners, said claims institutional investors are pushing up prices don’t hold water.

“It’s like an urban myth,” Pittman said.

An industry primer commissioned by the firm notes the demand for food is increasing both in the U.S. and globally, and while agriculture has seen innovation over the decades, land is still essential for producing that food. As global populations rise and demand for food grows, farmland is likely to keep appreciating.

“I know there’s this frustration because farmland continues to appreciate,” Pittman said, “but what’s driving it is global food demand, increasing fundamental land scarcity — they don’t make any more of it.”

He said what he sees driving up land prices more than anything is overall commercial development.

“Because every time that happens, you take another little piece of supply away, and that supply is fixed,” he said.

A TIAA spokesperson noted many of the same points, adding that the growing demand arguably requires at least some institutional investment to provide economies of scale.

“TIAA is one of the world’s largest agricultural investors, and it believes that investments in farmland — done in a sustainable and ethical way — are beneficial to the local economy and farmers, and can help to meet global demand for food,” a spokesperson said in an email. “Through its investments, TIAA helps local agricultural operators and farmers grow their operations, make improvements to land, promote environmental sustainability, conserve resources and acquire new technologies that make them better stewards of the land.”

Pittman and the spokesperson also said it should be considered that several states have restrictions and parameters for institutional investment in agricultural properties.

If anything, Pittman said he believes companies such as his provide the market a safety net for tougher times, ensuring there are still buyers willing to invest in land in the event of things such as interest rate hikes, falling commodity prices or trade disputes.

“What institutions do, to the extent they affect the market at all, is we put a floor in the market in occasional bad times,” he said. “We’ve got capital, we’re ready to invest if the return is good. We’re kind of always ready.”

American Farm Investors owns around 30 properties exclusively in Kentucky (Lance Washington, Investigate TV).

Though Luftman said his firm is more of a “concierge” enterprise with fewer than 1,000 clients and a portfolio of around 30 Kentucky farms, he too said that if done the right way, outside investment in farmland can benefit both those seeking returns and those with their fingers in the soil.

“I really believe that as long as people who are buying the farms are actually trying to help lease it to good farmers, help produce some scale, I think every single one of my farmers would say what we’re doing is a good thing for them, not competing with them.”

Luftman also said he does not see the specter of a farmland bubble, because he thinks there’s more value in U.S. farmland to be realized, even if the growth in value begins to slow.

“I think what you’re getting for the value, even though some would say it’s inflated compared to 10 years ago, I think it’s very undervalued still,” he said.

Memories and moving forward

Suggesting there is a price bubble for farmland is not an empty threat.

The last time a farm real estate bubble burst the result was the farm crisis of the 1980s. Farmland prices had exploded in the early-to-mid 1970s as the agriculture economy boomed. Many farm operations expanded, but the high prices meant taking out large loans to do so. The 1970s also saw some of the highest rates of inflation in modern U.S. history, so the Federal Reserve responded aggressively at the end of the decade, raising interest rates to nearly 20%. This, combined with a contraction of some commodity markets thanks to the Cold War and other international conflicts, caused farm profits to drop — and land prices with them.

Farm bankruptcies at rates unseen since the Great Depression followed and continued into the 1990s, to the point U.S. bankruptcy law was changed to create a type, Chapter 12, that was specifically for farmers.

The memory of that time, and what’s been happening in the agriculture and overall economy in recent years, was another reason Missouri farmer Darvin Bentlage said he knew it was the right time to sell — and why he wants his children to pursue other things.

Darvin Bentlage works on his new, smaller farm in late November 2023 (Jason Crow, InvestigateTV).

“I lived through the farm crisis of the 1980s, and I saw what it did to my uncle. He was one of them that got foreclosed on. I saw what it did to him and the entire family in the entire area,” he said. “And we were set up pretty well to go through the same type of farm crisis. I don’t think we’re really out of it yet.”

Bentlage said while he’s generally pessimistic about the state of the industry he’s spent nearly six decades in, he does think there are solutions.

Whether it’s bills like Farmland for Farmers Act — a bill introduced by Sen. Cory Booker, D-NY, that would limit corporate and institutional investment in farms — or changes to farm subsidy programs that would prioritize family farmers and small operations over large corporate interests, he said lawmakers have the ball in their court.

“I’d like to see our new farm bill get back into supply management,” Bentlage said. “We’re always going from feast or famine deals, and we need to stabilize prices, which would make it a little more attractive for these younger guys to get back in there.”

Otherwise, he said he expects the trends of larger, more corporate farms to continue, because “the small guys can’t compete,” especially if what they can produce can’t cover the loans needed to buy land at current prices.

Luftman, the Kentucky farm investment manager, shared a similar perspective, adding that he thinks setups like his — where the paperwork distance between the investing owners and the farmers is shorter — may actually be the only way to keep family farmers in their profession given the realities of the market.

“I think rather than paint it with a broad brush, ‘Anyone that’s a corporation is bad, anything else is good,’ I think you just got to look at how much acreage or money certain entities control and then what the effect of that is,” he said. “If you completely cut out groups like myself from buying farms, I think the prices of farmland will probably go down a bit, but I’m not sure there’s going to be a whole lot of buyers that are willing to go back.”

InvestigateTV is Gray Television’s national investigative team and provides innovative, original journalism from a dedicated investigative team and partners. Gray is the nation’s second-largest television broadcaster, with television stations serving 113 markets.

This article first appeared on Investigate Midwest and is republished here under a Creative Commons license.

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Fight over proposed Kansas City landfill will return to Missouri legislature https://missouriindependent.com/2023/12/29/fight-over-proposed-kansas-city-landfill-will-return-to-missouri-legislature/ https://missouriindependent.com/2023/12/29/fight-over-proposed-kansas-city-landfill-will-return-to-missouri-legislature/#respond Fri, 29 Dec 2023 12:00:29 +0000 https://missouriindependent.com/?p=18201

Rep. Mike Haffner, R-Pleasant Hill, speaks during the 2022 legislative session. Haffner is sponsoring legislation that would block a proposed landfill on the boundary between Kansas City and Raymore (Tim Bommel/Missouri House Communications).

Communities bordering the southern stretch of Kansas City and their state legislators are gearing up once again to fight developers’ plan to build a landfill near a high-end golf course subdivision

State Rep. Mike Haffner, R-Pleasant Hill, pre-filed a bill ahead of the Missouri legislative session, set to begin in January, aimed at stopping the facility from moving in.

It’s Haffner’s second attempt at blocking the landfill. He first introduced a version of the bill this spring after news of the proposed landfill began circulating. The legislation would make it harder for a developer to build a waste disposal facility on the Kansas City border.

Versions of the bill were also pre-filed in the Senate by Sen. Rick Brattin, R-Harrisonville, and Sen. Mike Cierpiot, R-Lee’s Summit.

Legislators representing the area have raised concerns that the proposed facility would pollute the surrounding watershed, cause a nuisance to neighbors and harm homeowners’ property values.

“There’s going to be ongoing problems with birds, with litter, with the amount of trucks going up and down the highways and increasing the litter, the noise, the impact on our kids and on our residents,” Haffner said in an interview with The Independent. 

KC Recycle & Waste Solutions, owned by a married couple from the area, has been exploring building a landfill at the southern tip of Kansas City near where it borders Raymore since at least last year. The site, just south of Missouri Highway 150, is close to the Creekmoor golf course community with homes priced between $500,000 and $1 million.

The Kansas City-Raymore border is just far enough from the site that developers wouldn’t need Raymore city officials’ approval to build on the Kansas City site. 

Haffner’s legislation would change that, requiring that municipalities within one mile of a landfill built in an adjacent city be allowed to sign off before the state can issue an environmental permit. 

“This location is inappropriate. We need landfills, we need economic development, but let’s do it the right way,” he said. 

Haffner and Sen. Rick Brattin, R-Harrisonville, sponsored similar legislation during the last legislative session. At the time, Jennifer Monheiser, one of the owners of KC Recycle & Waste Solutions, likened the legislation to changing the rules in the middle of a game. 

Monheiser’s company hired 18 lobbyists last spring to fight the legislation.The city of Raymore has three lobbyists. 

A spokeswoman for Monheiser declined to comment on Haffner’s pre-filed bill and the upcoming session.

Haffner and Brattin’s legislation didn’t make it across the finish line last spring. It stalled in the Senate when another Republican lawmaker — who received a campaign contribution from a political action committee associated with one of the lobbying firms working for KC Recycling & Waste Solutions — launched a filibuster.

The next day, Brattin retaliated with a filibuster of his own, bringing the Senate to a halt for nine hours with just a day left for the Missouri General Assembly to pass its annual budget.

Brattin relented after striking a deal with fellow senators to place an item in the state budget to fund a study by the Missouri Department of Natural Resources into the possible effects a landfill would have on area schools, residents, the environment and property values. Gov. Mike Parson later vetoed that provision of the budget. 

Haffner said conversations about stopping the landfill had continued after the spring session and into the summer and fall.

In July, opponents of the landfill launched a political action committee, Kill the Fill PAC, that has raised more than $100,000 since then. 

An evaluation commissioned by the Kansas City City Council, which adopted a resolution opposing the landfill, found the metropolitan area landfills are currently filled to 67% of their total capacity and will be full within 15 years.

In a statement after the city’s findings were released in October, Kill the Fill PAC, said it was “pleased the report has confirmed there is no immediate need for a new landfill in the Kansas City region, and that a solid waste facility in close proximity to homes and schools has detrimental impacts on the community’s health and environment.”

Earlier this month, the PAC said it appreciated the lawmakers’ efforts to expand the buffer zone between residents and landfills.

“We are hopeful that lawmakers will put the health and safety of thousands of Missourians ahead of the financial gain of one business.”

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