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Posted January 30, 2015
A Minnesota federal judge ruled that the U.S. Environmental Protection Agency (EPA) is allowed to release information regarding livestock farms subject to concentrated animal feeding operation (CAFO) regulations, according to a Dairy Herd Management article available here. Environmental and Energy Published also published an article available here.
The lawsuit (0:13-cv-01751-ADM-TNL, American Farm Bureau Federation and National Pork Producers Council v. U.S. Environmental Protection Agency, et. al) was filed July 5, 2013 in the U.S. District Court for the District of Minnesota.
The American Farm Bureau Federation (AFBF) and National Pork Producers Council (NPPC) requested a court injunction to prevent EPA from publicly releasing data under Freedom of Information Act (FOIA) requests until a court could the personal information was private.
U.S. District Judge Ann Montgomery for the District of Minnesota denied the motion because they lacked standing because the information’s release didn’t cause “actual or imminent injury” to the livestock farm operators who provided data to EPA under Clean Water Act permitting, according to EE Publishing.
“It’s not only a win for environmental groups and EPA, but for open government,” said Scott Edwards, co-director of the nonprofit Food and Water Justice.
AFBF was disappointed that the lawsuit was dismissed allowing the EPA to release the personal information (such as a person’s name, home address, GPS location and telephone number) of livestock and poultry farmers and ranchers in response to Freedom of Information Act (FOIA) requests, according to AFBF press release.
“Farmers, ranchers and citizens in general should be concerned about the court’s disregard for individual privacy, said Bob Stallman, AFBF president. “This court seems to believe that the Internet age has eliminated the individual’s interest in controlling the distribution of his or her personal information. We strongly disagree.”
AFBF and the National Pork Producers Council have 60 days to appeal the decision.
Update: A U.S. District Court judge issued a protective order against the EPA to stop the disclosure of radical environmental and animal-rights groups information on farmers, according to Pork Network article available here.
“Releasing farmers’ personal information constitutes an irreparable harm that is not outweighed by any public interest, because the public strongly favors the protection of private information,” said NPPC President Dr. Howard Hill.
This order is pending the resolution of a legal challenge brought by the National Pork Producers Council and the American Farm Bureau Federation.
When the suit was dismissed it meant that farmers are not harmed when the government compiles and releases a storehouse of personal information, so long as individual bits of that information are somehow publicly accessible, such as through an Internet search or on a Facebook page, according to an AFBF release available here.
“We are pleased that farmers’ and ranchers’ personal information will be protected while we appeal the court’s decision,” said AFBF President Bob Stallman. “We disagree that the Internet age has diminished the individual’s right to protect personal information. Now, more than ever, citizens need their government to help protect their information—not gather it, tie a bow on it, and send it out to anyone who asks.”
For more information on the Clean Air Act, please visit the National Agricultural Law Center’s website here.
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