Lost Valley Farm Sold to Washington Buyer

Well, it's happened. Lost Valley Farm, the infamous factory farm dairy that in its first two years racked up more than 200 violations related to overflowing manure pits, leaking tanks of dead animals, over-application of manure that threatened area groundwater and drinking wells, and even failure to provide restroom facilities for employees, has been sold.

Cow stands in liquid manure at Lost Valley.

Who would be crazy enough to buy a facility that will require millions of dollars to clean up and more millions to install a new irrigation system? Apparently Cody Easterman of Easterday Farms of Pasco, Washington, a large potato and onion grower, who paid $66.9 million through a company called Canyon Farm LLC. (Easterman was contacted by phone but did not respond by the time of posting.)

With some 47 million gallons of liquid manure still remaining onsite—which one source estimated would fill 71 Olympic swimming pools—what is the draw that would make it attractive to a buyer like Easterman?

For one thing, the water rights.

"The irrigation rights for growing crops on the several thousand acres of land are in place, and very valuable," said Ivan Maluski, policy director for Friends of Family Farmers, an organization that had been involved in fighting against Lost Valley Farm since it was first proposed due to a lack of regulation and oversight on the part of the state. Though he added, "The water is for sustaining livestock and dairying year-round is still contested and not secure."

The site was originally the Boardman Tree Farm.

In an e-mail responding to questions I posed to the Oregon Department of Agriculture (ODA) about the sale, spokesperson Andrea Cantu-Schomus said that the ODA and the Oregon Department of Environmental Quality (DEQ) have signed what's called an "Order and Mutual Agreement" (OMA) with the federally appointed trustee for Lost Valley Farms, Randy Sugarman, that "ensures the wind-down and cleanup process for the facility."

"The priority of ODA, and our partner agencies DEQ and the Oregon Department of Justice (DOJ), was that the OMA fulfill three principles: accountability, no gaps in responsibility and effort, and achieving the state’s desired outcomes," Cantu-Schomus wrote in an e-mail. "We believe the signed OMA achieves those principles."

Aside from the cleanup of the manure and dead animals remaining on the property, the OMA also requires that the remaining cows—still numbering as many as 8,000, according to some reports—be removed from the facility. (An auction of the cows is part of a separate agreement with the trustee.) The agreement requires that Easterman must apply for a new CAFO (Confined Animal Feeding Operation) permit if he wants to reopen the dairy or, if he does not, that the dairy must be decommissioned "to the satisfaction of the ODA."

Emissions into air and water are problems for communities near industrial dairies.

A complicating factor for Easterman, if he decides to reopen the dairy or lease the facility to another operator, are SB 103 and SB 104, two bills before the legislature that seek a moratorium on approval of new dairy operations in the state and require establishment of regulations governing factory farm dairies that are already located, or that may want to locate, in Oregon.

Both bills apply to mega-dairies, that is, facilities with more than 700 cows that are confined without seasonal access to pasture, or a total of 2,500 cows—Lost Valley was originally permitted for 30,000 cows. The legislation would regulate these dairies as the industrial factories they are rather than treating them as traditional agricultural farms, and would require limits on toxic emissions to air and water, including groundwater. These bills would also require studies on the impacts to Oregon's small and mid-size dairies and on animal welfare and would close existing loopholes that allow excessive use of scarce groundwater, as well as establishing a course of action if a facility fails to meet state standards, as happened with Lost Valley Farm. (Follow the progress of the legislation in Your Food, Your Legislature postings here.)

The sale of Lost Valley makes the passage of these bills even more critical, according to Amy van Saun, a staff attorney for the Center for Food Safety.

"I think ODA realizes that Lost Valley was a giant problem, but the fixes they have suggested to the legislature at this point aren’t enough, in our minds, to fix the problem," van Saun wrote in an e-mail. "But [the ODA] realizes they need more oversight and are seeking it from legislature. The moratorium is all the more important now that once Lost Valley gets cleaned up, these owners may well want to restart dairy operations, and that could be within the year."

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Read my series of posts outlining the long history of problems at Lost Valley Farm since it opened two years ago, including cows standing in manure from overflowing lagoons and a leak in a tank containing dead cows, plus massive groundwater pollution, lawsuits from the state of Oregon and the farm's creditors, and former owner Greg te Velde's own arrest for soliciting a prostitute and possession of methamphetamine in Benton County, Washington.

My article Big Milk, Big Issues for Local Communities reports on the issues mega-dairies pose to Oregon's air, water, environment and communities. You can also find out Why I'm Quitting Tillamook Cheese and read other coverage about factory farms in Oregon.

Your Food, Your Legislature: 2019 Session Kicks Off with Big Issues on the Docket

On the first day of the 2019 Oregon legislative session, more than 1,500 bills were introduced, and there are likely to be at least twice that many by the time the session ends in five months. Here at Good Stuff NW I'll be reporting on the issues facing our legislators, particularly those bills that could affect our food system here in Oregon. Plans are afoot for monthly installments titled Your Food, Your Legislature, bringing you updates with background on, and the dirt from, the major players.

A bill banning aerial application of pesticides considered.

Among the top issues for our food system so far are bills that could ban or heavily limit aerial spraying of pesticides (HB 2493); a bill that seeks to assign responsibility to the patent-holder of genetically modified seeds for losses to a farmer's income due to contamination from genetically modified crops (SB 434); restrictions on the home use of neonicotinoid pesticides (HB 2619); and the proposed moratorium on current and future mega-dairies—factory farms that typically house thousands of cows in indoor facilities—until legislators establish regulations for these industrial facilities (SB 103 and SB 104).

Another big issue that's being pushed this session is the so-called "Clean Energy Jobs" bill (HB 2020), a cap-and-trade effort that seeks to, in the words of advocates, "put a limit and price on climate pollution from the largest polluters in the state" as well as "secure greenhouse gas reductions and reinvestment into communities across Oregon to create clean energy jobs and a thriving economy, especially in communities that need it most."

Wind turbines in the Columbia River Gorge.

An article in the Oregonian said that Oregon Governor Kate Brown, Senate President Peter Courtney and House Speaker Tina Kotek "are all in on putting a price on greenhouse gas emissions, and Oregon could become the second state after California with an economy-wide cap on such emissions. What remains to be negotiated is how many big emitters qualify for free emissions allowances under the law, and whether the program has any environmental integrity." Another big question is whether the new bill will broadly exempt agricultural sources like factory farms from the cap, as did a similar cap-and-trade bill that failed to pass two years ago.

Ivan Maluski, Policy Director for Friends of Family Farmers (FoFF), which conducted a series of "listening sessions" with farmers across the state, said that farmers expressed the need for legislators to do more to support Oregon's small and mid-size family farmers. "Small and mid-sized family farmers face significant challenges," Maluski said. He outlined the farmers' primary concerns as getting assistance in accessing land and capital, enabling access to small farm meat processing infrastructure, expanding opportunities for agritourism, and aiding farmers in improving water conservation efforts. Follow HB 2020.

On the issue of aerial spraying of pesticides, concerns around this practice—widely used on agricultural and public lands in Oregon—center on the damage cause by "off-target drift," that is, the tendency for these sprays to drift beyond the targeted areas, causing damage to nearby crops, waterways, wildlife and beneficial insects. Several environmental, agricultural and consumer groups can be expected to be involved in this legislation as it develops. Follow HB 2493.

Oregon taxpayers are on the hook for cleaning up escaped GE bentgrass.

The subject of what happens to a farmer who suffers losses when a crop is contaminated by genetically modified crops is an issue that the legislature has wrestled with in past sessions.

"I’ve had a front row seat to the damage caused by Roundup Ready GE bentgrass, which spreads easily on the wind and through water, infesting irrigation ditches and cross-pollinating with wild relatives," wrote Vale farmer Jerry Erstrom in an op-ed when a similar bill was before the 2017 legislature. "I am not opposed to genetically engineered crops, but as a farmer of some non-GE varieties, and after my experience with GE contamination in my alfalfa seed production, and with the GE creeping bentgrass escape, I am a supporter of making the right people accountable if crops are damaged."

 "The legislature tends to be crisis-oriented," said Maluski, indicating that FoFF will be actively involved with the Center for Food Safety and Our Family Farms Coalition as the bill moves through the legislative process.

"We shouldn't have to wait for a contamination incident before we put rules in place," he said, citing the appearance of an experimental variety of Monsanto's genetically modified wheat that appeared in an Oregon field in 2013. Follow SB 434.

Toxic emissions are just one problem with factory farm dairies.

Two bills, SB103 and SB104, are an effort to establish regulations governing factory farm dairies that are already located, or that may want to locate, in Oregon. Both bills apply to mega-dairies, that is, facilities with more than 700 cows that are confined without seasonal access to pasture, or 2,500 cows. The legislation would regulate these dairies as the industrial factories they are rather than treating them as traditional agricultural farms, and would require limits on toxic emissions to air and water, including groundwater. These bills would require studies on the impacts to Oregon's small and mid-size dairies and on animal welfare. They would also close existing loopholes that allow excessive use of scarce groundwater, and establish a course of action if a facility fails to meet state standards, as happened with Lost Valley Farm, a mega-dairy that piled up more than 200 violations in less than two years of operation and yet was still allowed to keep operating.

“Lost Valley showed us how horribly wrong things can go given our current laws,” said Amy van Saun, staff attorney at the Center for Food Safety in Portland, in an article in the Salem Statesman-Journal. If these bills pass, according to the article, factory farms "wouldn’t qualify for regulatory exemptions available to farmers under the state’s right-to-farm and other laws. That would allow local communities to have input into siting decisions and enact health and safety ordinances restricting or prohibiting air and water emissions," a problem that's occurred with other industrial agricultural operations looking to locate in Oregon.

Since it's still early days in this session, there will be more to come, and you can count on reading about the legislative sausage-making in future updates. Stay tuned!

Read more about the ongoing problems at Lost Valley Farm.

In Discussion: Lost Valley Farm and Mega-Dairies in Oregon

When Chris Seigel, host of the Food Show on KBOO Community Radio, contacted me wanting to do a segment on my reporting on Lost Valley Farm and mega-dairies in Oregon, I saw it as a chance to get the word out about how these large factory farm dairies are affecting Oregon's communities and our air and water, as well as the health of Oregonians.

I immediately called in Amy Van Saun, staff attorney for the Center for Food Safety, and Ivan Maluski, policy director for Friends of Family Farmers, who have been working on the issues these out-of-state-owned, corporate factories present to the state. (Give our discussion a listen by clicking on the audio bar below the photo, above.)

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Read the series of posts outlining the long history of problems at Lost Valley Farm since it opened just a year ago, including cows standing in manure from overflowing lagoons and a leak in a tank containing dead cows, as well as groundwater pollution, lawsuits from the state of Oregon and creditors, and te Velde's own arrest for soliciting a prostitute and possession of methamphetamine in Benton County, Washington.

My article Big Milk, Big Issues for Local Communities reports on the issues mega-dairies pose to Oregon's air, water, environment and communities. You can also find out Why I'm Quitting Tillamook Cheese and read other coverage about factory farms in Oregon.