AG Weekly Online -- Twin Falls, Idaho -
[Cached Version]
Published on: 6/7/2003
Last Visited: 6/7/2003
The University of Idaho's Ron Sheffield, who in March completed the first phase of a project to measure the level of odor at ag operations, said Monday he can't go forward until the Legislature works on the law.Sheffield came to Magic Valley from North Carolina two years ago in part to find solutions to the area's dairy odors.
The situation came to a head on Monday, when Laurien Warren of Filer was turned down for a public records request she made in late April for data concerning dairy odor on the Desert Rose Farms dairy near Filer.
Warren, who lives in the neighborhood of Desert Rose, said she requested the information to make sure the University of Idaho, the Idaho Department of Environmental Quality and the Idaho Department of Agriculture, all three of which have worked on the issue, are working together.
"I want to know, 'Is anyone compiling this information into one succinct data format?'" Warren said.
The University of Idaho denied the request for the information from the first phase of Sheffield's study because "unpublished or in-progress research" constitutes "trade secrets."The trade secret the university referred to is in regard to an odor-measurement device called a facial mask field olfactometer invented by Sheffield.
But Sheffield said that if he were to press forward with the second part of the project, Idaho law would not protect it from public scrutiny.That part of the study will include the data to be used to establish odor standards.Then, those standards would be offered to the state Legislature to put into law.After that, the Ag Department would be able to proceed with issuing violations to ag operations exuding odors that exceed those associated with "accepted agricultural practices."
In order to get those measurements, Sheffield said he had planned to monitor about 30 dairies.But he said now that he sees the problem with the Idaho public records law, he won't be able to assure dairymen the measurements won't be used against some of them until after the numbers are codified.
The dairy industry has made it clear that dairymen will not put themselves at risk of potential lawsuits in case the next round of data are prematurely released, Sheffield said.
"It's just common sense.Why would anyone put themselves at risk of a potential lawsuit when anyone with a typewriter can get access to their data?"Sheffield said.
...
Sheffield said if he were able to go forward with the study and then forced to release the information before the standards became law, the action would affect all states with large confined animal feeding operations.
"This isn't just for Idaho," Sheffield said."This is a precedent that will go nationwide, and we aren't going to make any progress with the Clean Air Act."
In fact, Sheffield's dilemma is similar to one already being worked on at the national level.The U.S. Environmental Protection Agency is working out a deal with operators of huge hog and poultry farms to gather information about air emissions on their facilities for two years, meanwhile exempting them from violations of the federal Clean Air Act.
In late December, Sheffield had stated in a meeting to Warren and her neighbors that he planned to have the study completed before the 2004 Legislature convenes.But he stopped the project after Warren made her first request for the records in March.
"It's totally because of this," Sheffield said."It's 1,000 percent cause and effect."
He said he had asked her to rescind the request.But Warren said the university did not respond to her request in timely fashion, so she continued with a second request in April.
Sen. Tom Gannon, R-Buhl, represents the district where Warren lives.He said the situation alarms him because the odor standards are in jeopardy of being put off for another year.
54 online sources [ view sources ]
Profile is not claimed [ this is me ]
