November 14, 2005
Members of the House Energy and Commerce Committee
Subcommittee on Environment and Hazardous Materials
Dear Member of Congress:
We are writing on behalf of the National Association of State Departments of Agriculture (NASDA) to urge you to address a critical issue regarding Superfund laws and animal agriculture.
NASDA represents the commissioners, secretaries and directors of agriculture in the fifty states and four territories. Our members support the protection of our environment and the wise use of our natural resources–American agriculture depends on fertile land, clean air and water for its viability.
We are pleased to learn that the subcommittee will hold a hearing on November 16th regarding Superfund laws and animal agriculture. NASDA is concerned about recent federal court proceedings which have misinterpreted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Community Right to Know Act (EPCRA) as they apply to naturally occurring substances produced on agricultural operations. These court cases have caused significant problems for the agriculture community across the United States.
NASDA urges you to support legislative action to clarify that agricultural byproducts produced during routine agricultural operations should not be subject to the provisions CERLCA or EPCRA. Congress provided this same exemption under these statutes for fertilizers and other substances used in routine agricultural operations. If this clarification is not put into place, farming operations of all sizes could be subject to unwarranted litigation which would negatively impact their operations and the nation’s food supply.
We would welcome the opportunity to discuss these critical issues. NASDA urges you to carefully consider agriculture’s needs as we continue efforts to enhance environmental protection while maintaining a viable farm production system. Thank you for your consideration.
Sincerely,
J. Carlton Courter, III
NASDA President
Commissioner, Virginia Department of Agriculture & Consumer Services
Don Ament
Chairman, NASDA Natural Resources & Pesticide Management Committee
Commissioner, Colorado Department of Agriculture