WHAT WE'VE WON:

Recent Dakota Resource Council Accomplishments

 

Protecting Our Wheat

Monsanto indefinitely delayed commercialization of its Roundup Ready variety of genetically-modified (GM) wheat in May 2004 in response to DRC and its allies, who pointed out that GM wheat introduction would lead to massive market loss, uncontrolled cross-pollination and contamination of conventional seed stocks and a catastrophic drop in wheat prices. In June, Monsanto withdrew all its Roundup Ready deregulation permits worldwide. Although DRC was unsuccessful in getting a GM wheat liability bill passed at the 2005 state legislature, we did give each of the 30 Senators who voted against it an invoice for their share of the damages if GM wheat is introduced--$5.9 million annually from the time of introduction.

 

Keeping out Factory Hog Production

DRC has worked with farmers, residents and public officials in the several counties to develop sensible zoning that will minimize nuisance problems and protect water quality. As a result, Ramsey and Towner Counties have both enacted zoning that establishes siting, construction and bonding requirements for factory-style livestock confinement operations. Bonding is critical, since many operations go broke and few last longer than 10 years.

 

Cleaning up North Dakota's Air

DRC petitioned the EPA in 2004 to make the state formulate a new State Implementation Plan to clean up North Dakota's air. The state found numerous sulfur dioxide violations of Prevention of Significant Deterioration (PSD) standards in 1999. PSD puts limits on the amount of new pollution that can be added in areas that don't violate national standards for ambient air quality. Beginning in 2001, the state tried 14 different combinations of inputs before arriving at a computer model that made the violations go away. Court action by DRC forced EPA to admit in June 2004 that its much-touted memorandum of understanding with the state in February 2004 did not set a precedent for future air quality permits or enforcement.

 

Promoting Timely Strip-Mine Bond Release

Research by DRC led the Public Service Commission in early 2005 to ask coal mining companies to submit plans for bond release each year when they submit their mining plans. DRC's research showed that coal mines now own about 90 sections of land in North Dakota, and virtually no mine-owned land has been sold back to farmers. One reason is that mines are not applying for final bond release on reclaimed land in a timely fashion. About 14,000 acres has been reclaimed for the minimum 10 years—and some for 20 or more—without applications for final bond release. Final bond release is important because it serves as final proof that mining companies have restored the land's agricultural productivity and restored its water resources.

 

Protecting Wells and Surface Owner Rights

Thanks to DRC, the state legislature passed the first-ever requirement that seismic exploration companies notify surface residents prior to operations. Companies must notify residents of their rights in time for them to test water wells prior to exploration. Testing water wells prior to seismographing makes it much easier to recover damages should they occur.

 

Fair Trade Not Free Trade

DRC won county resolutions in Mercer, Oliver and Ward Counties urging the U.S. Trade Representative not to negotiate any further trade agreements containing the same “Investor to State” privileges as NAFTA, which allow investor actions to invalidate another nation's laws or court decisions. Canadian Cattlemen for Fair Trade used these privileges to demand the reopening of the Canadian border to cattle imports. Congress has since passed CAFTA, which includes these privileges. The entire North Dakota delegation opposed CAFTA, which passed by a very slim margin.

 

Reforming Cattle Markets

DRC won a commitment from U. S. Senator Byron Dorgan to again co-sponsor of the Captive Supply Reform Act (S. 1044), sponsored by Senator Mike Enzi (R-WY). The bill would require that all forward contracts have a fixed base price and be traded in an open, public market. The price-depressing formula-price forward contracts that packers use to acquire captive supply without bidding would become illegal under this legislation. DRC joined 38 other groups to file an amicus curiae brief last year in a lawsuit to end the beef checkoff on the grounds that it deprives cattle producers of their freedom of speech by requiring them to pay for messages with which they disagree. DRC also supports R-CALF's suit to close the Canadian border indefinitely to cattle imports because of BSE. Unfortunately, recent court decisions have not been favorable, but DRC has played an important role in developing the independent rancher movement.

 

Organizing Locally

DRC continues to work with its seven local affiliates to take on local issues across the state. Here are some recent examples:

•  Grand Forks Citizens Coalition is nearing the climax of a five-year campaign to prevent siting of a new landfill in a field prone to overland flooding near the Red River, and have provide independent scientific analysis providing Turtle River Township with good reason to refuse the permit application.

•  South Central Citizens Coalition won from the Jamestown Stutsman Development Council greater public accountability for use of economic development funds than required under state law.

•  Organizing efforts in the Fargo area led to the formation of a new affiliate, the South Agassiz Resource Council, which has already convinced a city library committee to select an architect based in part of expertise in building energy-efficient structures.

 

 

 

              August 8, 2005