Public Interest Group Calls for Boycott of Tillamook Products

The Center for Food Safety (CFS), a public interest and environmental advocacy organization, called on Wednesday (9/25) for a consumer boycott of Tillamook dairy products "until the dairy giant commits to sourcing the milk in its products from farms which use the sustainable, humane practices that the company's advertising suggests."

Cows in a typical industrial dairy.

This follows on the heels of a class action lawsuit filed on behalf of four Oregon consumers alleging that Tillamook's advertising misleads the public into believing its milk comes from cows munching on coastal pastures, when in truth the vast majority of the milk used in its famous cheese, yogurt, ice cream and butter comes from cows fed on grain and living on concrete and dirt feedlots in industrial conditions in Eastern Oregon.

Referring to Tillamook's advertising as "greenwashing," the CFS press release quotes senior attorney Amy van Saun as saying that "Big Food companies like Tillamook are exploiting consumer preference for small, local, and sustainable [food] by pretending that their practices support health, the environment, and a local living economy, when the reality is that the milk they're buying is dirty. Community food system advocates have fought too hard to protect the livelihoods of small family farmers, animals and our planet to see companies greenwashing their unsustainable products, especially a brand so beloved by Oregonians."

One of the ads in Tillamook's campaign.

The lawsuit accuses Tillamook, which projects $1 billion in sales in 2020, of violating multiple Oregon consumer protection laws. These laws state that, essentially, "consumers are not required to spend hours doing online research in order to correct deception that is being put forth by a marketer’s pervasive marketing campaign, ” according to an article quoting Kelsey Eberly, a lawyer with the Animal Legal Defense Fund (ALDS), which filed the class action lawsuit.

CFS has mounted an online petition titled "Be the Truth Tillamook: Say Goodbye to Mega-Dairies!" urging loyal consumers to tell Tillamook that "we have long believed your advertising about the source of your milk: family farms in Tillamook county, raising cows humanely on pasture, letting them roam free on rolling green hills."

Tillamook has always touted its small family farmers.

The petition goes on to say "Tillamook claims to be the answer to Big Food and 'Dairy Done Right,' but in reality, the majority of the milk that goes into Tillamook dairy products, including the signature cheddar cheeses, comes from the nation’s largest industrial confinement mega-dairy in Eastern Oregon—quintessential 'Big Food.'" CFS is launching a concurrent social media campaign using the hashtags #BeTheTruthTillamook and #DumpDirtyDairy.

As of the time of this posting, the Tillamook County Creamery Association, the co-op behind the Tillamook brand, has not issued a comment on the boycott, nor has Threemile Canyon Farms, the mega-dairy that provides the bulk of its milk. Easterday Farms, a new 30,000-cow mega-dairy—it bought the failed Lost Valley Farm in Boardman—has applied for a permit to supply milk but is not yet in operation.

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For more information on mega-dairies in Oregon, read my article, Big Milk Brings Big Issues for Local Communities as well as my post on Tillamook's connection to these factory farms, Why I'm Quitting Tillamook Cheese. Read my full reporting on Threemile Canyon, Lost Valley and Easterday mega-dairies.

Tillamook's Milk Comes from Cows on Concrete, Not Pasture, Lawsuit Claims

A group of consumers has filed suit against the Tillamook County Creamery Association (TCCA) claiming its advertising misleads the public into believing its milk comes from cows munching on coastal pastures, when in truth most of the milk used in its famous cheese, yogurt, ice cream and butter comes from cows fed on grain, living on concrete and dirt feedlots in factory farms in Eastern Oregon.

Photo used in Tillamook's promotional materials.

According to the Animal Legal Defense Fund (ALDF), a legal advocacy organization for animals that filed the suit on behalf of the Oregon consumers, the TCCA's "heavily advertised 'co-op' of small family farms in Tillamook County represent just a tiny proportion of the company’s production. In reality, Tillamook sources up to 80 percent of its milk from the largest dairy feedlot in the United States. Located in the desert of eastern Oregon, the facility that provides the majority of Tillamook’s milk keeps 32,000 dairy cows (and more than 70,000 cows total) in inhumane, industrialized conditions. Tillamook sells dairy products nationwide under the 'Tillamook' brand name, and is poised to do over $1 billion in sales in 2020."

Part of Tillamook's Dairy Done Right campaign.

The TCCA's advertising encourages shoppers to "Say Goodbye to Big Food," depicting cows grazing on pristine coastal grass under sunny blue skies, when in reality, the lawsuit claims, its industrial practices are the epitome of "Big Food." The lawsuit, filed in Multnomah County Circuit Court, says that "consumers increasingly seek out and are willing to pay more for products that they perceive as being locally and ethically sourced—better for the environment [and] more humane. Tillamook has projected such ethical sourcing as its company ethos, deliberately crafting its marketing messages to attract these consumers, who believe they are getting such responsibly sourced products when they buy Tillamook cheese and ice cream. As the company says, 'Tillamook cheddar cheese is made with four ingredients, patience, and old-fashioned farmer values in Tillamook, Oregon."

Threemile Canyon Farms is so large it can be seen from space.

The industrial factory farm where Tillamook sources its milk, Threemile Canyon Farms, covers 93,000 acres in Boardman, Oregon, and is "so large it's visible from space" according to the lawsuit. Unlike the rich coastal pastures shown in the advertising, Boardman is a hot, dry climate classified as steppe or semi-arid, the lawsuit reads, describing the area as “flat, arid and often swelteringly hot—nothing like Tillamook County." (Read more about the problems caused by mega-dairies in my story, Big Milk, Big Issues for Local Communities.)

A cow stands in its own manure at shuttered Lost Valley Farm.

Until recently Tillamook also bought milk from Lost Valley Farm, another Boardman-area mega-dairy permitted for up to 30,000 cows that racked up more than 200 environmental violations in its first year-and-a-half of operation and has since been shut down and sold. (Read my coverage here.) "Industrial mega-dairies are also major polluters, generating huge quantities of waste that is disposed of⁠—virtually untreated⁠—on land where it can contaminate rivers, streams, and groundwater and harm wildlife.

Manure runs into open lagoons at Threemile Canyon Farms.

"The noxious air emissions these facilities produce can threaten public health, contribute to climate change, and decrease visibility in special places like the Columbia Gorge," according to a statement from a coalition of seven consumer, environmental and small farm advocates that has been working to establish more stringent regulations of these industrial facilities. [Oregon has extremely lax regulatory oversight of these factory farms.] Tillamook’s increasing reliance on industrial mega-dairies to ramp up production further contributes to overproduction, which lowers prices for family farmers and contributes to Oregon’s devastating decline in family dairies."

Exhibits at Tillamook depict cows on pasture.

Tillamook's response, typical of corporations under fire, attacks the credibility of the plaintiffs rather than addressing the issues raised, claiming the ALDF "is anti-dairy and actively advocates for people to cut all dairy products from their diets." It further stated that "Tillamook takes great pride in being a farmer-owned and farmer-led co-op, and we only work with business partners that share our values and live up to our extremely high standards."

The lawsuit, on the other hand, states that Tillamook intentionally contributes to confusion "as to the source of its dairy products by extensive advertising that the products are sourced from humane, pasture-based farms producing 'real food.' Consumers who believe they are buying products from small, high-welfare, pasture-based dairies in Tillamook County are instead unwittingly purchasing cheese, butter, ice cream, and yogurt made from milk from the largest industrial dairy in the country—that confines tens of thousands of cows on concrete in the desert of Eastern Oregon." It seeks "to hold Tillamook accountable for its uniform and pervasive claims falsely representing the company's products as coming exclusively from small-scale, pasture-based farms in Tillamook County that provide individualized care for cows, when this could not be further from the truth."

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For more information on mega-dairies in Oregon, read my article, Big Milk Brings Big Issues for Local Communities as well as my post on Tillamook's connection to these factory farms, Why I'm Quitting Tillamook Cheese. Read my full reporting on Threemile Canyon and Lost Valley mega-dairies.

Top photo of cows in an industrial CAFO courtesy Center for Food Safety.

Mega-Dairy Reform Bills Die, Threatening a Repeat of Lost Valley Disaster

I have rarely, if ever, republished a press release from any organization. But I was so appalled and ashamed by the spineless, kowtowing obsequiousness of the Oregon legislature when it comes to factory farms in our state that I'm making an exception in this instance. Instead of instituting a simple moratorium on approval of new mega-dairies in our state in order to get its regulatory house in order when it comes to our air, water and groundwater quality, animal welfare, human health, the survival of small farms and the vibrancy of rural communities—read my article on Big Milk Brings Big Issues for Local Communities for details—our legislators instead bowed to pressure from agribusiness industry lobbyists to kill the bill before it even got out of committee. This denies Oregonians the right to listen to a full airing of, and a debate on, the future of our state.

The following was released by the following coalition: Columbia Riverkeeper, Food & Water Watch, Friends of Family Farmers, WaterWatch of Oregon, Center for Food Safety, Farm Forward, Animal Legal Defense Fund, Humane Voters Oregon, Factory Farming Awareness Coalition, Humane Society of the United States

April, 12, 2019

(SALEM, Oregon) — Oregon is at risk of repeating the ecological and economic disaster that occurred at the Lost Valley mega-dairy in Eastern Oregon after three bills aimed at fixing the problem failed to pass this legislative session. This means the loopholes that allowed the Lost Valley mega-dairy (top photo) to rack up hundreds of environmental violations, threaten groundwater, and leave behind more than 30 million gallons of liquid manure can be exploited by the new owner of the property near Boardman. In the wake of regulatory and environmental failures surrounding the Lost Valley, which was permitted for up to 30,000 cows in 2017 despite significant public opposition, a coalition of nearly two dozen farming, consumer, animal welfare, and environmental groups had called for reforms, including a 'time-out' on state-issued permits for new mega-dairies.

Irrigating crops with manure slurry at Threemile Canyon Farm on the Columbia River.

Senate Bill 103 would have put a hold on licensing new mega-dairies to allow the Oregon Department of Agriculture and other state agencies time to ensure future industrial dairies wouldn’t cause similar unchecked damage. Senate Bill 104 would have allowed local governments to enact common-sense measures to prevent groundwater and environmental contamination from sewage and dead animals at new mega-dairies. Both bills received a public hearing but have died in committee without a vote

“The Legislature had an opportunity to place a time-out on new mega-dairies in the wake of the Lost Valley disaster, but failed to take any meaningful action,” said Tarah Heinzen, senior staff attorney for Food & Water Watch and a member of the coalition. “We will continue to call for a mega-dairy moratorium on behalf of all Oregonians—who value clean water, vibrant rural communities, and ethical business practices.”

A cow standing in manure slurry at Threemile Canyon Farm.

“Industrial mega-dairies are using loopholes in Oregon law to expand their operations while operating under the same rules as the small and mid-sized family farms they are driving out of business,” said Ivan Maluski, Policy Director for Friends of Family Farmers, another coalition member. “Unfortunately, even the most reasonable reforms were blocked by lobbyists representing the growing number of mega-dairy operators that are putting our family-scale dairy farms out of business.”

According to new data released this week from the USDA Census of Agriculture, the dairy industry in Oregon and across the US is consolidating into larger and larger operations. Nationwide, the number of dairy farms dropped by more than 17 percent in the last five years even as milk production and sales increased, with smaller dairy farms going out of business as the largest farms grow larger.

Another bill, SB 876, was requested by State Senator Michael Dembrow to tighten up rules to prevent unsustainable water use by new large dairies. An amendment focused on preventing pollution and overuse of threatened groundwater by new large dairies with over 2500 cows was offered in the Senate Committee on Environment and Natural Resources in the final days before a key legislative deadline, but even this modest proposal failed in a 2-3 vote with Senator Arnie Roblan (D-Coos Bay) aligning with two committee Republicans, Senators Cliff Bentz (R-Ontario) and Alan Olsen (R-Canby) to kill the reform.

A section of a 20-acre slurry lagoon at Threemile Canyon Farm.

"We participated in Senator Dembrow's work group for several months, and had hoped it would have led to reasonable industry groups working together with us to prevent the worst mistakes made at Lost Valley from happening again,” said Brian Posewitz, who worked on the issue both as a staff attorney for WaterWatch of Oregon and as a board member for the animal welfare group Humane Voters Oregon. “For example, lobbyists representing industrial dairies blocked a provision in an amendment to SB 876 to prevent unlimited exempt use of groundwater by new operations over 2500 cows in areas where other agricultural water rights are restricted by rule or order due to declining and limited supplies. They also prevented creation of a task force, which would have had equal representation from the industry, simply to talk about animal welfare issues at industrial dairies.”

"I think Oregonians would be shocked to know that the majority of dairy products now come from industrial mega-dairies like Lost Valley that raise cows in extreme confinement, where animals often stand in their own feces, with little to no access to the outdoors. While it's no surprise that Big Ag worked hard to defeat these bills, we're disappointed that three legislators on the Senate Environment and Natural Resources Committee didn't listen to the majority of Oregonians who value animal welfare and sustainable food,” said Erin Eberle, Director of Engagement for Farm Forward.

"Lost Valley threatened groundwater, racked up hundreds of permit violations, treated their animals inhumanely, and left 30 million gallons of manure and wastewater behind, and yet the State Department of Agriculture didn’t prevent it from happening when they could have,” said Scott Beckstead, Rural Outreach Director with the Humane Society of the United States. “With a new owner of the Lost Valley site likely planning to re-open the 30,000 cow facility soon, we will keep working to ensure this and other industrial dairies aren’t allowed to exploit the loopholes in Oregon’s laws again.”

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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 leaking 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: Take Action Now on Climate Change; Mega-Dairy Moratorium Fails

On the first day of the 2019 Oregon legislative session in January, more than 1,500 bills were introduced, and there are likely to be at least twice that many by the time the session ends. Here is the latest report on issues affecting the food we put on our tables. Thanks to  Friends of Family Farmers for their assistance with this report.

Clean Energy Jobs or Cap-and-Trade (HB 2020): As anyone who's paid attention to the news the last few days knows, there is historic flooding happening in the Willamette Valley, made worse by the effects of climate change. This bill attempts to deal with greenhouse gas emissions from the state's largest emitters of these gases by capping these emissions from most large industrial sources—those that emit more than 25,000 metric tons of carbon dioxide (or equivalent) per year—effectively putting a price on carbon.

Flooding in Benton Co.

Shockingly, the bill exempts the state's largest agricultural producers of greenhouse gases, and your voice is needed to amend the bill to include these factory farms under the cap. Sign here to send an e-mail to your legislator that Oregon needs to stabilize the climate by reducing industrial and other large sources of greenhouse gas emissions, as well as invest in climate-friendly agricultural practices.

Moratorium on Mega-Dairies (SB 103 and SB 876): Despite efforts on the part of a coalition of 22 health, environmental and animal rights organizations, both of these bills to tighten regulations on factory farm dairies, in part based on the egregious violations and environmental damage from the recent closure of Lost Valley Farm, were voted down in committee.

Toxic emissions into the air are not currently regulated in Oregon.

“Even the most reasonable reforms were blocked by lobbyists working with these big corporate agribusinesses,” said Ivan Maluski, policy director for Friends of Family Farmers, in an article in the Salem Statesman-Journal.

The article goes on to say that Tillamook County Creamery Association (TCCA), maker of Tillamook Cheese, and Threemile Canyon Farms, the Boardman-area factory farm dairy that supplies the bulk of the milk used to make Tillamook's cheese, testified against the bills, saying the entire industry should not be punished for the faults of one bad actor. It also mentions Easterday Farms, based in Pasco, Wash., which purchased Lost Valley Farm, has indicated it will reopen it as a dairy. The facility was previously permitted for as many at 30,000 cows.

Bans Sale or Use of Neonicotinoid Pesticides (HB 2619): Originally a statewide ban on the sale or use of products containing neonicotinoid pesticides, a class of powerful neurotoxic pesticides that is lethal to pollinators, this bill was amended to ban chlorpyrifos, a pesticide that has been shown to damage children's brains. It no longer mentions neonicotinoids.

Bill to limit aerial spraying of pesticides failed.

Ban Aerial Spraying of Pesticides (HB 2493): This bill, one of three that dealt with aerial spraying of pesticides, would have prohibited aerial spraying of pesticides of land within the McKenzie River and Santiam River watersheds, which make up much a significant portion of the Willamette Valley. It died in committee along with the other two bills.

Family Farmer Loan Program (HB 3085): Provides low-interest loans to small and mid-sized farmers for land and equipment, including beginning farmers, is now in the Ways and Means Committee where funding will be decided between now and the end of the session.

Beginning Farmer Incentive Program (HB 3090): Helps beginning farmers with student loan debt and tuition assistance. It passed out of committee and is now in the Ways and Means Committee where funding will be decided between now and the end of the session.

Farmers market tokens.

Double Up Food Bucks (SB 727A): $3 million in funding for Double Up Food Bucks programming at farmers markets and other farm-direct locations passed the Senate Human Services Committee and is awaiting action in the Ways and Means Committee.

Restrictions on Canola in Willamette Valley (SB 885): Maintains current restrictions on canola production in the Willamette Valley, capped at 500 acres per year and only under permit to protect the region’s specialty vegetable seed industry. Passed out of committee and awaits action in Ways and Means.

Ability to Sue for GMO Contamination (HB 2882): Protects farmers by holding the patent-holders of genetically engineered crops financially accountable when their products cause economic harm to farmers who experience unwanted contamination. Passed out of committee and moves to the House Rules Committee for further discussion.

Find your legislators and let them know you expect action on the issues that concern you.

Your Food, Your Legislature: Report from the Halfway Mark

On the first day of the 2019 Oregon legislative session in January, more than 1,500 bills were introduced, and there are likely to be at least twice that many by the time the session ends. Here is the latest report on issues affecting the food we put on our tables. Thanks to the Center for Food Safety and Friends of Family Farmers for their assistance with this report.

Moratorium on Mega-Dairies: Introduced by the Senate Environment and Natural Resources Committee to address the impacts of factory farm dairies in Oregon. Take action here. Read more about mega-dairies in Oregon.

• SB 103: Establishes a moratorium on new "industrial" dairies—defined as those over 2,500 cows or large dairies that don't provide seasonal access to pasture—while making sure environmental impacts to water and air, as well as impacts to smaller farms, are considered when permitting these operations.
• SB 104: Allows stronger local rules over siting of these industrial facilities.

Management of Future Mega-Dairies: Two bills emerged from a work group organized by the Senate Environment and Natural Resources Committee.

• SB 876: Creates a two-step permitting process for large confined animal feeding operations (CAFOs) to ensure greater scrutiny before they go into operation.
• SB 886: Sets limits (not yet specified) on the use of groundwater for watering livestock at large confined animal feeding operations. 
• HB 3083: Establishes a "Task Force on Large-Scale Dairy Farms" which would submit a report to the Legislature by September, 2020.

"Clean Energy Jobs" or Cap-and-Trade (HB 2020): Establishes a cap on greenhouse gas emissions from the state’s largest emitters—except for agriculture and forestry, two large sources of emissions and industries heavily represented by lobbyists in the Capitol—while creating an ‘allowance’ program intended to generate funding for climate adaptation and other programs. Public interest and small farm organizations are working to include agriculture and forestry in this bill.

Ban Aerial Spraying of Pesticides (HB 2493): Prohibits aerial spraying of pesticides of land within the McKenzie River and Santiam River watersheds, which make up much a significant portion of the Willamette Valley.

Ability to Sue for GMO Contamination (HB 2882): Allows farmers who have been harmed by contamination from genetically engineered crops to sue the patent holders of those crops.

Bans Sale or Use of Neonicotinoid Pesticides (HB 2619): Statewide ban on the sale or use of products containing neonicotinoid pesticides, a class of powerful neurotoxic pesticides that is lethal to pollinators.

Beginning Farmer & Family Farmer Land Access: Three bills that would support new and existing small farmers have been sent to the House Committee on Agriculture and Natural Resources with a hearing set for 3 pm on Thursday, March 14. E-mail a letter of support for all three before that date (link for address and suggested verbiage).

• HB 3085: Creates a new Family Farmer Loan Program managed by the state’s economic development agency, Business Oregon, to offer direct loans to family-scale farmers and beginning family farmers for land or equipment.
• HB 3090: Establishes a new beginning farmer and rancher incentive program at the Oregon Department of Agriculture focused on issues of student loan and tuition assistance.
• HB 3091: Reduces fees and costs to borrowers using the state’s existing "Aggie Bonds" beginning farmer loan program, which incentivizes private lower interest lending to beginning farmers and ranchers for land and equipment.

Beginning Farmer Tax Credit (HB 3092): Incentivizes landowners to lease land to beginning farmers and ranchers. Sent to the House Revenue Committee.

Oregon Agricultural Heritage Program (HB 2729): Provides $10 million in grants for farm succession planning and funding for both long term conservation planning and protection for working farmland at risk of development or conversion to non-farm uses.

Limits on GMO Canola in the Willamette Valley (HB 3026; SB 885; HB 3219): A 500-acre restriction on growing this crop is expiring in July, 2019. These bills seek to extend that limitation going forward because canola easily cross-pollinates with food crops in the brassica family, endangering organic growers and specialty seed growers. Contact your legislators here. More info on canola in Oregon.

Find your legislators here and let them know you expect action on the issues that concern you.

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.

Mega-Dairy Moratorium Demanded by Farm & Consumer Groups

A coalition of more than a dozen local, state and national organizations, including Friends of Family Farmers (FoFF), the Center for Animal Law Studies (CALS) and the Center for Food Safety (CFS) have called on state legislators in Salem to stop any further expansion of new or existing mega-dairies in Oregon until the state can guarantee protections for its people, animals, and the environment from the industrial-scale impacts of factory farm mega-dairies.

Waste from a mega-dairy can equal that of a small city.

According to the coalition's press release, "Oregon’s inadequate oversight of mega-dairies has become clear over the past two years, since the state ignored red flags and widespread public opposition to authorize operation of Lost Valley Farm, which was permitted to confine 30,000 cows. Lost Valley has since racked up nearly 200 permit violations and has had problems ranging from overflowing mortality and waste management facilities to a lack of clean water and restrooms for workers. As a result, the state is now fighting to shut the mega-dairy down. However, Oregon’s insufficient laws do not protect the state’s air and water, setting a standard so low that thousands of animals are raised in extreme confinement and family-scale dairies are forced out of business."

Cow laying in waste at Lost Valley Farm.

As documented extensively on Good Stuff NW, Lost Valley Farm has ignored or flagrantly violated permit regulations from the start, beginning construction on the massive facility without the required permits from the Oregon Department of Agriculture (ODA). Instead of shutting down the industrial facility until it went through proper permitting channels, the ODA gave Lost Valley the go-ahead to develop the facility. This is despite the facility—which is sited on a federally designated Groundwater Management Area (GWMA)—never completing construction of the required manure lagoons to protect the area's groundwater.

Cow standing in waste at Threemile Canyon Farms.

The legislature's track record on setting limits for these facilities has been lax at best, negligent at worst. Last year the legislature's Senate Committee on Environment and Natural Resources killed a bill, SB 197, that would have begun the process of setting up basic regulations on air contaminant emissions (like ammonia) from these  mega-dairies. Contaminants are not monitored or regulated due to a loophole in Oregon law that exempts these factory farms from any requirement to monitor, report or reduce air pollution associated with the manure from the tens of thousands of animals they keep.

Waste at mega-dairies is often kept in large open-air lagoons.

On its Facebook page, the Center for Animal Law Studies posted that, speaking on behalf of Humane Voters Oregon, Lewis & Clark Law School Professor Rajesh Reddy joined the growing chorus calling for a moratorium on new and expanded mega-dairies in the state. As quoted in the Statesman Journal newspaper, Professor Reddy addressed the documented cruelty at such farms: “The cows are more often subject to extreme confinement, without access to pasture, and are more likely to be treated like machines instead of living things. The pictures from Lost Valley Farm, of highly confined cows standing knee-deep in manure, show us where that can lead.”

Ivan Maluski, Policy Director of FoFF, is quoted in the coalition release as saying: “The state’s inadequate handling of the Lost Valley debacle, along with the catastrophic decline in Oregon’s small and mid-sized dairy farms, make clear that we need a time-out from new or expanded mega-dairies until it we have stronger environmental, animal welfare, public health, and family farm protections in place.”

For more information on mega-dairies in Oregon, read my article for Civil Eats, "Big Milk Brings Big Issues for Local Communities" as well as my post on Tillamook Cheese's connection to these factory farms, "Why I'm Quitting Tillamook Cheese." Read my full reporting on Threemile Canyon and Lost Valley mega-dairies.

Court Orders Feds to Take Over Lost Valley Farm, Appoint Trustee

“[Owner Greg] Te Velde is unwilling, or unable, to comply with his duties as a fiduciary,” wrote Judge Fredrick Clement of the U.S. Bankruptcy Court of the Eastern District of California in his decision to allow a federal takeover of Lost Valley Farm in Boardman, Oregon.

“Since filing (bankruptcy), [te Velde] has continued his long-standing habits of methamphetamine usage and gambling," Judge Clement continued. "Drug usage has occurred once or twice per week, and he has gambled estate monies of $2,000 to $7,000 monthly. Te Velde borrowed $205,000 without court authorization, and in a one-month period took personal draws of $28,000 more than authorized.”

With that damning decision by Clement, te Velde failed in his efforts to maintain control of Lost Valley Farm in Boardman as well as the two mega-dairies he owns in California. Clement then ordered the appointment of a trustee to manage the three factory farm dairies.

According to an article in the Salem Statesman-Journal, "it's uncertain whether replacing te Velde with a trustee will hasten or slow environmental improvements at the dairy" since "creditors have said they are reluctant to approve any spending on environmental compliance until a consultant completes a report outlining the cost of all needed improvements."

Until that report is done, and even in its current questionable state, the dairy will continue to operate, selling the milk from its approximately 7,000 cows under the contract it has with the Tillamook Creamery Association's processing plant in Boardman. That is despite Tillamook's claims in bankruptcy hearings in June that the milk from Lost Valley violated the company's testing standards for safe levels of bacteria on at least 60 occasions.

"The Lost Valley mega-dairy has been a disaster from the beginning, and hopefully this decision will lead to it finally being closed down," said Friends of Family Farmers Policy Director Ivan Maluski in the Salem paper's article. "The Oregon Departments of Environmental Quality and Agriculture could have prevented this fiasco and should have denied this operation a permit at the outset. This situation makes it clear that Oregon needs stronger laws to prevent this kind of thing from happening in the future."

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Read my 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, plus massive groundwater pollution, lawsuits from the state of Oregon and the farm's 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.

Lost Valley Farm Still Operating While Court Cases Pending

The headline that ran in the Oregonian is a good introduction to the latest news on the situation at Lost Valley Farm: "U.S. Department of Justice wants to take over mega-dairy over gambling, meth, money management."

Apparently the feds are taking a narrow view of Lost Valley owner Greg te Velde's withdrawals of more money from dairy accounts than is allowed by the bankruptcy court, as well as his use of some of the money for weekly gambling junkets, according the article. It goes on to say that the Justice Department is seeking to have a trustee take over the bankruptcy proceedings to prevent te Velde from siphoning funds for his own pursuits whenever he feels like it.

"According to court documents, te Velde said he spends $2,000 and $7,000 a month gambling at the Tachi Palace Casino and Hotel in Lemoore, California," the article states. "The 60-year-old dairyman also said he continues to smoke methamphetamine, a habit he said he picked up in college, including in the two days before his July 13 bankruptcy interview with creditors."

Milk cows at Lost Valley standing in overflowing manure from leaking lagoons.

In early July the Oregon Department of Agriculture (ODA), which had issued an operating permit for Lost Valley Farm just over a year ago despite te Velde beginning construction without proper permitting and never completing construction of the required manure lagoons to protect the area's groundwater, has asked a judge to impose criminal contempt of court charges against te Velde and issue remedial sanctions that would effectively shut down the dairy within 60 days, according to an article in the Salem Statesman-Journal.

I spoke with Wym Mathews, Program Manager for the ODA's Confined Animal Feeding Operations, who said that the contempt hearing was held on July 27th and will be continued on August 24th, at which time the ODA is hoping for a decision from the judge in the case on te Velde's violation of the stipulated judgement to clean up the facility. The ODA had issued a revocation of the dairy's waste management permit in late June due to contamination it said had been seeping into the soil in an area where groundwater is endangered and legally protected, among many other problems cited at the dairy.

Aerial photo shows half-mile long barns at Lost Valley.

Though the stipulated judgement initially indicated that ODA inspectors would be monitoring Lost Valley on a weekly basis to monitor operations and make sure the requirements of the judgement were followed, Matthews said that inspectors are only able to be on premises on a semi-weekly basis. He said that once the court charges te Velde with contempt, that starts a 60-day clock for te Velde to either clean up or shut down the dairy. He added that a complete shutdown would still require te Velde to remove the accumulated waste from the property and clean out all the facilities.

At last count on July 25th, Matthews estimates that just under 7,000 cows were still being milked at the facility, and that Tillamook Creamery's processing plant in Boardman is still buying the milk from the dairy. That is despite Tillamook's claims in bankruptcy hearings in June that the milk from Lost Valley violated their testing standards for safe levels of bacteria on at least 60 occasions.

Milk cows laying in manure from leaking lagoons at Lost Valley.

So it looks like Lost Valley will continue operating until at least late October, assuming the 60-day clock to clean up or shut down the mega-dairy starts ticking on August 24th. Which means it will continue spewing toxic pollutants into our state's air and water and placing the health of the people in nearby communities at risk. Let's hope Oregon's legislators and the ODA learn a lesson and pass sensible permitting rules in the next session of the legislature so that this sort of disastrous situation can't happen again.

I contacted the Tillamook County Creamery Association to confirm that they are still buying milk from Lost Valley, but they had not returned my call by the time of posting.

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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.

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.

Lost Valley Farm: Governor Under Pressure to Shut Down Mega-Dairy

"Cows standing ankle-deep in a slurry of their own waste is just the beginning of Lost Valley mega-dairy's long list of horrifying infractions. Lagoons have overflowed with manure and untreated wastewater, running off into areas where it could contaminate drinking water supplies for local families. 'Mortality boxes' are overflowing with dead cows. And recently it was reported that the dairy doesn't even have enough water to provide operational restrooms to its employees. Lost Valley's 15,000-cow mega-dairy has been a serial permit violator since its inception."

Waste overflows are common at mega-dairies (here at Threemile Canyon).

This alarming statement comes from the Center for Food Safety, an organization working to protect human health and the environment, which has joined with several other environmental and food system organizations to demand that Governor Kate Brown shut down the dairy for good.

They contend that Lost Valley Farm, which owner Greg te Velde has been licensed to operate for just over a year, threatens the safety of area water supplies—already considered at risk to the point of being designated a Groundwater Management Area by the state's Dept. of Environmental Quality—as well as the Columbia River itself.

Waste from mega-dairies add to pollution problems.

The Oregon League of Conservation Voters (OLCV), a partner in the effort to shut down Lost Valley, said that the violations at the mega-dairy, while egregious, are not unusual for factory farms of its size.

"Oregon’s mega-dairies have demonstrated time and time again that they are polluting our air and water, and the state of Oregon has failed to prevent this pollution," the OLCV states in a petition calling for Gov. Brown to shut down the dairy. "The mega-dairy known as Lost Valley Farm is facing huge problems that are affecting our water quality and the health of our environment. These problems occurring at Lost Valley are not unique, and Governor Brown should not allow another company to take over this poorly planned and massive confined animal feeding operation (CAFO)."

Friends of Family Farmers (FoFF), an advocacy organization providing support for Oregon's small family farmers, has warned from the beginning that allowing mega-dairies like Lost Valley Farm and the nearby Threemile Canyon Farm—with its 70,000 cows producing 165,000 gallons of milk per day, along with 436 million gallons of waste per year—would endanger the state's small dairy producers, and pollute the area's air and water. In fact, since Threemile Canyon began operations in 2001, an average of nine family-owned Oregon dairy farms went out of business each month between 2002 and 2007. (Sign FoFF's message to Governor Brown.)

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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.

Lost Valley Farm Owner Called "Drug-Addled" in Court Filing

In a court filing, Dutch agricultural lender Rabobank is seeking relief from a bankruptcy court in order to auction off the dairy herd at Boardman's Lost Valley Farm (LVF), owned by California businessman Greg te Velde, according to an article in the Capital Press.

In a previous court filing, Rabobank had claimed that te Velde was in default on more than $67 million dollars in loans from the bank on three dairies (two in California). The herd was to have been auctioned off at the end of April, but a last-minute bankruptcy filing by te Velde halted the auction. The bank is seeking to reinstate the auction order because te Velde claims he has "no cash on hand" and is asking the bank for another $4 million in advances to pay for "feed, water, and labor" at the facility.

Concerned that te Velde's lack of cash could have "potentially catastrophic consequences" to its collateral at Lost Valley Farm, Rabobank stated in the court filing that "te Velde’s 'erratic and unreliable' behavior is caused by 'habitual' use of methamphetamine." It goes on to state that "while Rabobank will act responsibly to protect the value of the LVF herd, Rabobank is not willing to finance the drug-addled fanciful dreams of this Debtor during a lengthy Chapter 11 case that involves about 24,000 cows, 28,000 other head of livestock, three dairies in two states and about $160 million in total debt."

Tillamook County Creamery Association, whose Columbia River Processing (CRP) plant in Boardman buys milk from Lost Valley, had threatened to pull out of the contract it has with the dairy. The bank said that "te Velde checked out of a drug rehab clinic in April to convince Columbia River Processing…to reinstate the milk-buying contract, but then returned to the facility." The article quotes  Patrick Criteser, CEO of the Tillamook creamery, who submitted a declaration supporting Rabobank's request, said that Tillamook "is buying milk from the dairy until Rabobank is able to conduct an auction but will stop after May 31."

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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.

Top photo from Google Maps.

Lost Valley Farm Declares Bankruptcy, Halting Sale

There's just no end to the drama at Lost Valley Farm in Boardman, Oregon's second-largest factory farm dairy.

Today the farm's cows—estimates range from just over 11,000 to as many as 19,000—were scheduled to be auctioned to pay off the $60 million in loans owner Greg te Velde owed to Rabobank, a Dutch agricultural lender. In mid-April a Morrow County judge issued a preliminary injunction preventing te Velde from interfering with the auction, according to an article by the Associated Press, though the injunction left open a loophole that could be used to forestall the liquidation of the herd.

Advertisement for auction.

So late Thursday night, just hours before Friday's auction was to begin, te Velde crawled though that loophole by filing for Chapter 11 bankruptcy protection, a move that stops all foreclosure actions by the farm's creditors. An article in the Capital Press reports that the filing also encompasses te Velde's California dairy operations, Pacific Rim Dairy in Corcoran and GJ te Velde Dairy in Tipton.

"Together, the dairies have more than 40,000 cattle that are listed as potential 'hazard property' that poses a safety threat or requires immediate attention" wrote Capital Press reporter Mateusz Perkowski. "Te Velde’s companies owe between $100 million and $500 million to [nearly] 1,000 creditors and have between $100 million and $500 million in assets, according to the bankruptcy petition."

Cow standing in manure from overflowing lagoon.

One of the creditors te Velde is leaving in the lurch is Morrow County, which county Deputy Assessor Patricia Hughes said is owed more than $360,000 in back taxes.

The Oregon Department of Agriculture (ODA), in a direct message on Twitter, said that it "will continue to monitor Lost Valley Farm weekly by conducting inspections of the facility. ODA will also continue to assess compliance of the stipulated judgement and all of the CAFO Permit conditions. "

I also reached out to Tillamook, which is a major purchaser of the milk produced by Lost Valley. It had not responded by the time of posting, so stay tuned for updates as more information comes in.

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UPDATE: The Salem Statesman-Journal reports that Wym Mathews, in charge of compliance for factory farms at the ODA, told the paper that Lost Valley had been issued two notices of noncompliance for violations of the dairy’s wastewater permit, including manure spills, despite a stipulated agreement settling a lawsuit the state had brought against the dairy for previous violations.

"Te Velde’s Chapter 11 bankruptcy petition, filed April 26 in California, provides an automatic stay of time during which judgments, collection activities, foreclosures and repossessions are suspended and may not be pursued," the article states. "Oregon officials could not say whether it also prevents enforcement of the stipulated judgement. Under the judgment, Oregon has the right to revoke the dairy’s wastewater permit if te Velde does not comply with its terms."

In a subsequent interview, reported in the same article, Matthews appeared to change his story, saying only one notice had been issued, and that "there have been no other enforcement actions taken against the dairy since the settlement."

"'It was a big mistake to give this facility a permit, and ODA should have closed it down months ago after it became clear how badly it was being managed,'" said Ivan Maluski, policy director for Friends of Family Farmers, who was interviewed for the article.

 "'There were so many warning signs that ODA and other decision makers either overlooked or ignored,' Maluski said. 'Where is the accountability? What steps are being taken by ODA and the Governor to make sure this kind of thing won't happen again?'"

Read the series of posts outlining the long history of problems at Lost Valley 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.

Top photo from Google Maps. Photo of cows standing in manure obtained via a public records request by Friends of Family Farmers.