The Impact of Factory Farming on Global Water Supply

By Alexis Wyrofsky

 

May 5, 2006

International Environmental Law

Professor Joyner

 

 

 

 

 

 

 

 

 

 

The days of bucolic farm scenes are over.  “Old McDonald’s Farm,” which described cows lazily grazing on open pastures, pigs bathing in cool mud, and chickens carelessly scratching in dirt, no longer conveys the true story about our source of meat.  The entire food system has developed into a highly efficient and inexpensive industrialized machine, replacing the traditional farm structure, which flourished for centuries.  As we increased our desire for meat in our diets, small, self-sustaining farms could no longer satisfy the demand, and meat production became another factory-produced commodity manufactured on a mass scale.  Therefore, this paper will attempt to demonstrate the current crisis to the global water supply, and consequently to human health, caused by the phenomenon of factory farming.  It was also explore regulations imposed by the United States and the European Union, and analyze their effectiveness.  Furthermore, it will discuss how the United Nations is presently addressing this issue, and will conclude by offering some potential solutions via structural overhaul and the introduction of international law.   

What is a Factory Farm?

Nowadays, livestock are raised in enormous indoor facilities the size of football fields, in which they spend most of their lives crammed closely together. Rather than receiving sustenance from the land, animals are fed excessive amounts of grains, which are produced on an equally widespread scale.  Pigs, for example, are overfed to such an extent that they grow to 250 pounds by the time they are 6 months old.[1]  Furthermore, their waste accumulates in high volumes, and because the livestock are separated from crops, manure must be stored in cement storage facilities, rather than utilized to fertilize the land.  The entire process is removed from the natural self-sustaining cycle of traditional farming practices, and has been replaced with an industrialized model, called a Concentrated Animal Feeding Operation (CAFO), resulting in meat that is cheaper and more readily available.

This is extremely beneficial to the corporations that produce meat on such a mass scale.  These large producers have monopolized the market and put small farms out of business.  For example, twenty years ago, there were 662,000 hog farms in North Carolina; now there are only 209,000.  Less than 10 percent of the farms currently in operation raise 90 percent of pork produced in North Carolina.  This results in accrued wealth by livestock corporations.  For example, Turner farms boasted $141 million in gross sales in 1995.[2] 

However, this mechanized cost-efficiency comes at a price.  Due to the high volume of animals produced per facility, in addition to the practices employed to fatten livestock in a shorter amount of time, the impact on the environment is catastrophic.  In particular, factory-farming practices cause severe damage to the global water supply, as both the input and the output of livestock production create water pollution and depletion.  This effect on the world’s water is unfortunately pertinent today, as the global demand for water has increased due to a burgeoning population, while freshwater supply has shrunk due to contamination and exhaustion from wasteful farming and industrial practices.  China and India are the most threatened by diminishing water supplies, as their populations are currently abounding at unsustainable levels.  Furthermore, the environmental regulations of these countries are lax compared to those of western countries, and therefore, they have polluted much of the water they have accessed.  For example, 22 percent of the world’s population resides in China; however, the country only has 8 percent of the world’s freshwater.  Furthermore, the Chinese have exacerbated the situation by polluting their water.  In 2004, 412 locations were tested for water quality on China’s seven rivers, of which 58 percent were found to be inadequate for consumption.  In India, the situation is equally dire, as farmers pump one sixth of India’s internally renewable water each year from underground aquifers.  Only a fraction of this water is replenished by rainfall, prompting an analyst from the World Bank to call India’s water situation “extremely grave.[3] 

Effects on Water Supply: Input

Due to this pending crisis of global water supply, the meat industry’s contribution to water pollution and depletion is cause for concern.  Livestock production requires massive amounts of water for each of the many levels of the process.  First, industrialized animals are fed grain, primarily corn and soybeans, which are grown in an equally large-scaled, unsustainable way.  In the past, farms that grew corn also grew other crops as well as livestock, which was a highly supportable method of food production.  However, it became less economically viable to grow crops and livestock in this manner, and consequently, the system adapted to what it is today--thousands of acres of a single-species of corn or soybeans, consuming huge quantities of water and chemical fertilizer.[4]  Farmers are unable to rely solely on rainwater to nourish these monolithic crops, and therefore must employ irrigation techniques in which water is harvested from dams, rivers, lakes, as well as deep underground aquifers.  However, this process of “water mining,” in which water is extracted from underground wells, is environmentally damaging because the erosion of topsoil and deficiency of natural vegetation prevents rainwater from seeping into the ground, and it is instead washed away.  For example, the Ogallala Aquifer, which extends from Texas to Nebraska, has been water mined to such an extent that from 1961 to 1981, it had been depleted by 20 percent, and it is projected that it will remain for only 40 more years.[5]  The situation is further worsened by the fact that current irrigation practices are incredibly wasteful, thereby requiring the harvesting of higher quantities of freshwater than is needed.  For example, 50 percent of irrigated water evaporates before it reaches the intended crops.  These current agricultural practices are unsustainable, as the world must be able to refill its own water reserves if we expect to have continuing access to freshwater[6].  

The meat industry directly contributes to this crisis of water supply, as livestock is the primary consumer of these crops.  The United States currently produces 2,900 pounds of grain per person per year.  However, 85 to 90 percent of this grain is used to feed animals intended for consumption.[7]  Therefore, these acres upon acres of corn and soybeans that guzzle irrigated water and deplete water supplies are primarily being used to feed livestock, and a relatively small percentage of these crops find their way directly into the kitchen cabinet.  In the United States, 85 percent of the water resources in 17 western states are used to irrigate crops.  In addition, large quantities of water are needed during the slaughtering and meatpacking processes.  For example, one small plant in China responsible for chicken slaughtering uses 100 million gallons of water per day, which is equivalent to the quantity of water needed to sustain a town of 25,000 people.  It is also interesting to note the discrepancy between indirect water use of those individuals who eat meat versus those who are vegetarians:  when one factors the amount of water required to grow grains for animals, provide drinking water for livestock, clean the farming facilities, as well as process the dead bodies, each person consumes 2,500 gallons of water per day in the United States.  Contrarily, one person whose diet consists of plant material ingests merely 300 gallons per day.[8]  

Effects on Water Supply: Output

In addition to the water required from the input of livestock production, the output of meat production, in terms of waste by-products, is even more disturbing.  Because of the separation of animals and crops, as well as the high rate of livestock production, manure cannot always be used to fertilize crops.  The traditional harmonious cycle is thwarted, and instead, many crops are fertilized with fossil fuels, while manure is crammed into concrete or earth pits, called “lagoons.”[9]  Due to the excessive population of animals at factory-farms, the quantity of waste is too great for the facility to handle with proper environmental concern.  For example, from 1978 to 1992, the number of hogs in the United States grew 134 percent.  This proves to be a significant problem, as livestock create massive amounts of waste, and facilities with many animals are more likely to have difficulty correctly handling this manure.  Each week, 2,000 pigs generate 27 tons of manure and 32 tons of urine; sixty thousand chickens create 80 tons of manure per week.  In total, livestock in the United States produce 2 billion tons of manure per year, which, to put it into perspective, is 10 times the waste produced by humans.[10]  Globally, this amounts to 13 billion tons of manure annually.[11] 

In addition, these waste warehouses are often poorly constructed, and manure leaks or spills from these confinements into lakes, rivers, streams, and groundwater.  A study conducted by the North Carolina State University determined that leakage of animal waste occurred in 50 percent of the lagoons constructed before 1993 when government regulations did not require clay liners in waste lagoons.  Even since this law attempting environmental protection was enacted, waste leakage has remained an abundant problem.  From 1995 to 1996, 6 major lagoon spills from hog and poultry facilities were recorded in North Carolina alone.  In addition, some farms have open-air lagoons, which allow for ammonia from urine to evaporate into the air.  Besides contributing to air pollution, this causes water-quality concerns, as the ammonia returns to the earth as rain. To further aggravate the problem, some farmers bypass the waste storage process, and dump manure directly into bodies of water.  State inspections following the spills in 1995 and 1996 found that 122 farmers were illegally dumping thousands of gallons of manure into water sources.[12]

Manure is stored in these lagoons until it exceeds the limit of the container, at which point it is sometimes sprayed or spread on nearby land as fertilizer for crops.  However, there is often too much waste to be discarded, and consequently, fields are inundated with too much manure for the acreage.  This results in further waste runoff into streams and rivers, as rain washes away the unabsorbed fertilizer. [13]         

This system of manure storage and application is detrimental to the natural environment.  A study conducted by the Union of Concerned Scientists[14] determined that industrial production of beef, poultry and pork is second only to cars as the most environmentally degrading consumer product.  For this research, the scientists compared consumer spending with its environmental effects in 4 different categories:  global warming, air and water pollution, and alteration of natural habitats.  They determined that due to the government’s relative lack of regulation of animal feces (particularly in comparison to the strict rules regarding human waste), 20 percent of common water pollution can be linked to meat production.  This is compared to only 6 percent of water pollution attributed to vehicle use, 3 percent for fruit, vegetable and grain production, and 11 percent from household water and sewage.  Consequently, they noted, beef is 17 times more damaging to the environment than the production necessary to generate an equal portion of pasta.[15]     

The feces of factory-farmed animals contain high levels of nitrogen and phosphorous as well as antibiotics, growth hormones and ammonia.  This is due to the fact that unlike their grass-fed counterparts, livestock in factories are fed high protein diets of grain along with additives in order to bulk up muscle in as little time as possible.  However, their bodies are incapable of digesting such excessive sources of nutrients, and the undigested material gets excreted in their manure.  When this nitrogen, phosphorous, and metal-rich manure leaks into bodies of water, the entire ecosystem of the lake, river or stream is adversely affected.  The body of water undergoes eutrophication, anorexia, and microbial growth, resulting in algal blooms such as Pfiesteria piscicida and Cryptosporidium.[16] The consequence of these polluted waters is massive fish kills, as natural chemical reactions trying to neutralize the nitrates and phosphates consume large amounts of oxygen, leaving fish to die of suffocation.[17]

Sadly, there are many examples of this degradation to the aquatic environment resulting from manure contamination.  On June 21st, 1995, heavy rains in North Carolina caused 25 million gallons of waste[18] to burst out of the 8-acre lagoon of a factory farm.  The waste poured knee-deep across a highway for two hours, and washed out cotton and tobacco fields en route to the New River into which it emptied its toxic sludge.  Consequently, all life in the river in a 17-mile segment was killed.  During that summer of 1995, 10 million fish were recorded dead in the rivers of North Carolina, while 364,000 acres of coastal wetlands were closed to fisherman for shellfish harvesting.  Biologists were disconcerted by the possibility that if the toxic waste in the rivers reached the Albermarle and Pamlico sounds, the fish population would be further endangered, as these bodies are home to one half of the entire U.S. East coast’s nurseries for young fish.[19]

The problem has become so severe that even local governments are recognizing the detrimental effects that waste leakage has on its land.  For example, the government of Tulsa, Oklahoma brought a lawsuit against 6 poultry processors[20] in Decatur, Arkansas, suing for damages in order to clean up the pollution caused by chicken effluent in the city’s water supply.  Lakes Eucha and Spavinaw, which both provide drinking water for Tulsa, suffered from algae blooms and strong odors.  Tulsa blamed the chicken processors, as they claimed that the chicken litter, used on fields as fertilizer, was washing into lakes and causing environmental problems.  They also requested an injunction to halt further pollution from poultry operations. [21]   

Water pollution resulting from livestock waste is by no means unique to the United States.  The developing world is now responsible for more than half of the world’s meat consumption and production.  Between 1980 and 2004, global meat production almost doubled, which is largely due to the augmentation of meat consumption in developing countries, in which production has increased at an average of 5 percent each year.  Asia, in particular, has become a major mass-producer of meat, due to its significant economic and population growths.  It has adopted western factory-farming practices, and thus 80 percent of the increase in livestock production since 1990 can be attributed to large industrialized livestock facilities.  East Asia now possesses one half of the world’s total population of hogs and one third of the world’s poultry.  The abundance of nitrates and phosphates from animal manure is causing severe pollution problems.  Scientists have found that 26 percent of the soil in East Asia is overburdened by nutrients. The South China Sea is particularly in danger of destruction due to factory-farming practices occurring near its coast.  The South China Sea is one of the most biologically diverse bodies of water, and contains three considerable habitats to flora and fauna—coral reefs, mangroves and sea grasses.  It boasts 45 mangroves of the worldwide total of 51, and contains 20 of the 50 sea grass species known to man.[22]  However, livestock production has contributed significantly to the water pollution in the South China Sea, and has resulted in red tides and algae blooms, which in 1998 killed 80 percent of the fish in 100 square kilometers of the sea.[23]             

Effect on Human Health

The by-products of factory farming wreak havoc on human health as well.  Effluent, either leaked from lagoons or applied to fields, often seeps into ground water, which serves as the drinking water for many citizens, especially in rural areas where people rely on wells. These feces are hazardous to human health, as they often contain parasites, bacteria and viruses, in particular E.Coli, Campylobacter, Cryptosporidium, salmonella, avian botulism and cholera.  Scientists have found that approximately 25 percent of the beef cattle at feedlots produce manure containing the E.Coli bacteria.  In 1994, a study found that 20 percent of wells in Iowa and Missouri were contaminated with E.Coli, which can cause kidney failure and even death.  In 2000, 2,321 people became sick and 7 died from drinking municipal water, which contained E.Coli and Campylobacter.  It was determined that these pathogens in the water had originated from manure from a local CAFO.[24]  Furthermore, high concentrations of nitrates in well water can lead to methemoglobinemia, or “blue baby syndrome” which can be fatal for infants.  Currently 2 million households, which translates into 40,000 babies, consume water that contains nitrate levels that are higher than the safety threshold set by the EPA.  In October and December of 1995, state officials blamed hog farms for contamination of private wells in Robeson County of North Carolina by nitrates.[25]  Consumption of nitrates in the water supply has also been linked to cancer and diabetes.  For example, in England, children drinking water containing nitrates were shown to have a 15 percent increased chance of developing diabetes.  In addition, the excessive administration of antibiotics to farm animals[26] is very dangerous to the human population, as they are rendered useless as bacteria are able to build up an immunity. [27]  

Response by the United States

Despite the severity of this crisis to human health and the environment, few effective measures have been taken to ameliorate the situation.  The waste produced by animal production facilities is highly unregulated, especially compared to the polluting practices of other industries.  Factory farms are almost entirely excused from the major environmental statutes, such as the Clean Air Act, the Clean Water Act, and the Comprehensive Environmental Response, Cleanup and Liability Act.[28]  In the United States, this is largely due to the close ties between politicians and corporate livestock production.  For example, in 1994, state legislators from North Carolina received donations from hog companies totaling $92,388.  This was double the donation received from the textile industry as well as organized labor.  To make matters worse, former Senator Wendell Murphy, who is currently the nation’s biggest pig producer, supported the hog industry throughout his stint as a civil servant.  As the vice chairman of the Agriculture Committee, he consistently voted for legislation that would thwart attempts to create environmental and zoning regulations for factory farms. [29]

In addition, attempts to regulate the release of effluents from factory farms prove futile.  The Code of Federal Regulations states quite clearly that waste from animals should be properly managed: In Subpart F, “Specifications for the Humane Handling Care, Treatment and Transportation of Warmblooded Animals” part D entitled “waste disposal” declares, “The disposal facilities and any disposal of animal and food wastes, bedding, dead animals, trash, and debris shall comply with applicable Federal, state, and local laws and regulations relating to pollution control or the protection of the environment.”  Likewise, for animals housed in indoor facilities, section D entitled “drainage” states, “The method of drainage shall comply with applicable Federal, State, and local laws and regulations relating to pollution control or the protection of the environment.”[30]  However, despite the government’s expressed dedication to the protection of the environment outlined in the Federal Code, adherence to these standards is rarely realized.   States are weary to enforce strict rules due to pressure from lobbying and protesting from farmers.   Local governments, which witness the destruction of the environment and human health due to water pollution, are often eager to take action against CAFOs.  However, their efforts are stymied by state governments, who overturn their attempts at zoning and environmental regulations through state courts or preemptive legislation.  Furthermore, all 50 states have “right-to-farm” laws, which remove the possibility of nuisance liability from farming operations.[31]     

In 2001[32] the EPA reformed 2 existing CAFO permits in order to curb the increasing problem of water pollution and air pollution caused by manure handling at farming facilities.  The two permits, The National Effluent Limitation Guidelines (ELG) and the National Pollution Discharge Elimination System (NPDES) were both established in the 1970s, but had proven to be largely unsuccessful.  These changes specified that individual permits must be acquired for large CAFOs in order to release any waste; they also established a zero-discharge mandate for pig and poultry CAFOs.  In addition, the EPA stated that environmental management systems are to be developed, as well as the strict regulation of farmer-owned fertilizer application areas.  The EPA also ordered that farms must create Nutrient Management Plans (NMP), which aim to direct manure to croplands in a such a way to prevent runoff into rivers and streams.    In addition, the EPA specified that anyone acquiring manure from a CAFO must sign a statement pledging to apply the fertilizer in compliance with the nutrient-management plan.[33]  

However, the CAFO plan proposed by the EPA is not as promising as it initially appeared, and demonstrates the weakness of law governing livestock-industry pollution. “The Federal Regulations governing CAFO pollution have been some of the least enforced, least effective national standards ever.”[34] For instance, the EPA plan excludes many smaller livestock processing facilities from regulations regarding waste discharge.  The direst problem with the proposal is that the EPA gives individual states full sovereignty in administering and enforcing the NPDES permits, which will most likely render the plan impotent, based on the dismal record that states have previously had in regulating farming facilities.  This attempt by the EPA failed to take sufficient measures to crack down on CAFOs and other factory farming facilities.  This is evidenced by the fact that only 2,500 of the 12,000 eligible CAFOs have obtained these NPDES permits.[35]     

Response of the International Community: EU and WTO

However, the international community has recently expressed concern over the growing impact that modern agricultural practices have on the environment, especially in developing countries.  The European Union, in particular, is strongly in favor of international awareness of these issues, and demands discernable control over the agricultural market in terms of environmental regulations.  In 1991, the Council of the European Union initiated Directive 91/676/EEC “Concerning the Protection of Waters Against Pollution Caused by Nitrates from Agricultural Sources.”  It stipulated that Member States must take action to control nitrate levels in bodies of water through compliance with standards and initiatives established by the EU Commission.  In recognition that many states possessed water pollution problems that affected their own environment, as well as the environments of other states with shared bodies of water, the Directive created a mandate that Member States must identify “vulnerable zones,” which are areas susceptible to drainage into bodies of water, and must initiate action programs within four years in order to mitigate run-off and leakage of nitrates from livestock production.  Furthermore, Member States are required to regularly monitor the nitrate-levels of bodies of water, and periodically submit reports to the Commission outlining their progress towards the reduction of water pollution.  The Directive also called for Member States to establish codes of sound agricultural practice that farmers may follow voluntarily, as well as a program to train and educate farmers in order to comply with this code of good conduct.  In addition, the Commission established a Committee, which would be responsible for the execution of the Directive. The Directive sets an acceptable standard for nitrate concentration in groundwater as 50 mg/l and also specifies that each hectare of cropland may only receive manure containing 170 kg of nitrate per year. Following reports from Member States, the Commission would be responsible for providing information to the European Parliament and to the Council within six months.[36]

Although initially the Member States were slow to comply with the Directive, the Commission report of July 2002 found that all the Member States had formulated monitoring systems, devised a code of good agricultural practice, and outlined the vulnerable zones.[37]  Monitoring programs had revealed that 20 percent of the groundwater and 40 percent of lakes and rivers in the EU possessed concentrated nitrate levels exceeding the acceptable standards.  The report also determined that the results of the Directive were encouraging, as nitrate pollution in some areas of the EU was beginning to diminish.[38]        

Furthermore, in 1992, the EU reformed its Common Agricultural Policy (CAP) through Regulation 92/2078. Traditionally under CAP, the EU had subsidized the milk and beef industry, by providing price support to those farms that produced the highest number of livestock.  The reforms were undertaken due to excessive over-production and environmental destruction caused by the endorsement of concentrated livestock production.  These reforms were in accordance with WTO/GATT policies, as they represented a shift from production-increasing subsidies, to payment towards environmental and social goods.  The EU is working on further reforms through a draft proposal entitled Agenda 2000, which would support rural development, as well as provide extended subsidies for increased acreage per farm, rather than higher number of livestock.[39]      

 In addition, the European Union warned that it would not participate in agricultural talks in the 2001 WTO trade negotiations in Doha, Qatar if environmental issues were excluded in the agenda.  Peter Carl, the Director-General for trade in the European Commission, expressed concern over the draft agenda constructed by Stuart Harbinson, the chairman of the WTO’s General Council.  “Trade and the environment, or the omission of it, is indeed a deal-breaker,” Carl cautioned.  However, developing countries did not favor the inclusion of environmental issues in the WTO agenda, as they felt that their own interests would be compromised under such regulations, as the European Union would prosper from standards such as the precautionary principle, eco-labeling, food safety and animal welfare.  “We are not prepared to accept any negotiations on any aspect of the environment since we are convinced that the existing rules are adequate to protect all legitimate environmental concerns,” asserted the representative from Sri Lanka, whose position was shared by India.[40] This explicitly demonstrates the divide that exists between the North and South in terms of concerns for the environment.  While the European Union desires to address the issue on an international forum, other states lacking the infrastructure to support such environmental standards are weary to control their farming practices because of supposed economic harm.  Factory farming, like so many other industrial practices, has been adopted by developing countries.  Unlike the wealthy countries that can theoretically afford to impose environmental regulations,[41] these developing countries lack the financial resources and economy to be concerned over the environment, and therefore view the ecological interests of Western countries as a way to gain further economic advantage over poorer countries.    

The trade liberalization initiated in the Uruguay Round (UR) of the WTO from 1986 to 1994 indirectly addressed some of the concerns of pollution caused by livestock manure.  The UR Agricultural Agreement stipulated reforms that would be phased in during a 6-year period for developed countries, and 10 years for developing countries.  The Agreement called for a 36 percent reduction in subsidy expenditures, a 36 percent reduction in tariffs, and a 21 percent reduction in subsidized export volumes.  A study published in the New Zealand Economic Papers hypothesized the effects of the UR Agreement on livestock production, particularly pertaining to nitrogen waste output.  The study projected that beef production in Japan, Korea and Southeast Asia would fall 4 percent, as well as diminish by 10 percent in the EU, as a result of the UR reforms, but would augment 1 to 5 percent in all other regions.  In terms of nitrogen waste, the study predicts that China will be most affected by pollution from increased livestock production; however, this is a consequence of the increase in meat demand, rather than a result of the reforms imposed by the UR.  However, in South America and New Zealand, the UR trade liberalization does directly contribute to livestock pollution, as it encourages the expansion of the beef industry in these regions.  In New Zealand, in particular, the UR reforms are projected to increase nitrogen waste from the livestock industry by 7 and a half percent.  Conversely, in the EU the study finds that there will be a 10 percent reduction in nitrogen waste, due to the downsizing of the livestock industry that will occur as a result of the trade liberalization.  Based on these findings, the study concluded that nitrogen waste will not diminish under the reforms of the UR trade agreement, but rather will shift farm production from areas of concentrated livestock facilities in the EU, for example, to other regions in South America and New Zealand, keeping the aggregate level of global waste constant.  Moreover, the trade liberalization will not be able to curb the growing livestock industry in China, caused by exponential economy growth.[42]  Therefore, the authors suggest the implementation of environmental policies rather than the utilization of trade policies in order to reduce pollution caused by nitrogen waste. 

               However, the study postulates that due to this shift in production from highly populated areas in Japan, Southeast Asia and Europe to New Zealand and South America, meat production will occur in regions with less density of people.  This would minimize the impact of nitrogen waste on human health, but would not prevent environmental degradation.  Lakes, streams and rivers can be adversely affected by nitrogen waste, even if meat production plants are located in less populated areas.  In addition, the authors assume that the development of better technology in this sector will augment the rate of productivity as, “the same marketable outputs can be produced from a smaller number
of livestock. Since we assume N-waste output is determined by livestock numbers, the consequent technology effect will lessen environmental damage.”[43]  However, the current industrialized farming system, which is economically more efficient and productive than the old fashioned system, has been the catalyst for the overabundance of pollutants from excess animal waste.  Therefore, increased productivity through new technology does not appear to be an effective way of alleviating environmental damage.     
Response of the International Community: UN

However, the United Nations under the directive of the Food and Agriculture Organization has recognized the growing environmental degradation in developing countries due to the adoption of industrial livestock production practices.  The governments of these countries have done next to nothing to regulate the waste produced by these massive farming operations, as many lack the infrastructure or the incentive to do so.  The Chinese government, in particular, has been criticized for putting economic gain at the forefront of its policies, regardless of the environmental consequences.  Therefore, as the population and wealth of these developing countries burgeon under vast economic growth, the demand for meat increases, which creates the incentive for such large-scale industrial practices.  However, despite growth in urban regions, rural areas remain rather underdeveloped, and lack the infrastructure to sustain such resource-exhaustive facilities.  In particular, roads, electrical and communication systems, and handling facilities remain primitive in the agrarian regions, which prevent transportation of meat to the consumer market in cities.  Therefore, CAFOs are built around metropolitan areas.[44]  Governments further exacerbate the problem by providing subsidies for high-energy animal feeds, which is indigestible and therefore is manifested in waste products high in nitrates, phosphates, and heavy metals, as well as subsidizing chemical fertilizers, which discourages the recycling of manure as fertilizer for crops.[45]  Developing countries also lack policy instruments, coordination between agencies, and effective law enforcement.  The few regulations in existence do not employ nutrient recycling procedures.  Overall, the existing system encourages the construction of large livestock production facilities located in urban areas.  However, this is particularly injurious to both the environment and human health as water supplies for a city become contaminated with toxins from animal waste.  Furthermore, many urban areas in developing countries are situated near the coast, allowing runoff from factory farms to damage the fragile marine ecosystems.  For example, in Asia, urban areas are situated near the coast of the East and South China Seas.[46] 

Due to this rising problem, the Animal Production and Health Division of the Food and Agriculture Organization have created a program entitled the Livestock, Environment and Development initiative, or LEAD.  The program’s mission statement is to:

“Target[s] the protection and enhancement of natural resources as affected by livestock production while alleviating poverty. Earlier work of LEAD has identified, at a global scale, the consequences of increased pressure on grazing and mixed farming systems and the dangers of the shift to industrial modes of production.  It has highlighted the close and complex interaction between government policies and the environmental impact of livestock production. It has also identified a large number of technologies which are available to mitigate the negative effects in all different production modes, provided the appropriate policy framework is in place. Subsequently, the initiative mobilized funding for critical follow-up needs.[47]

 

            Consequently, LEAD has been working on several pilot schemes, which attempt to address this growing problem of industrialized livestock production by providing financial and technical support to developing countries, particularly China, Vietnam, Thailand, and Mexico.  LEAD’s goal is to alleviate the stress on the environment from factory farming by adopting the concept of “Area-wide Integration” in which farming practices return to the land, and livestock production is spread out in rural regions.  To accomplish this goal, LEAD strives to provide tools and technology to the stakeholders in the livestock industry, as well as to collaborate with governments, members of the private sector, and nongovernmental organizations dedicated to environmental protection and livestock development in order to create policies which would protect the environment.[48] 

            LEAD’s primary objective to develop “Area-wide Integration” (AWI) in developing countries is based on the concept that traditional farming practices are less harmful to the environment, as they rely on the natural cycle in which animals graze on the land while simultaneously fertilizing it with manure.  In order to accomplish AWI, LEAD intends to develop technologies such as water management and manure recycling, but more importantly, create policy instruments, such as the eradication of subsidies on imported concentrates, use of zoning, and development of more effective environmental regulations.  Furthermore, AWI places much of the responsibility of implementing these changes on the governments on the municipal and national level.  First, the AWI encourages governments to employ the “polluter pays” principle so that the livestock industry is forced to internalize the cost of environmental degradation.  This is expected to lessen the incentives to cultivate such large-scale farms, and increase the chances of success for farms adhering to AWI.  LEAD also encourages municipal governments to support rural livestock production projects rather than industrial practices, so that these local regions are equipped with adequate infrastructure. On a national level, LEAD demands the development and enforcement of strict environmental policies, so that farms adhering to AWI are given the opportunity to compete with industrialized livestock methods.  Specifically, LEAD calls for national governments to further the effort of creating sound infrastructure in rural regions, as well as investing in R and D for technology, which would ensure high production rates at these AWI farms.[49]  Furthermore, LEAD recommends the use of taxation in order to limit the advantage that CAFOs currently have in these industrializing countries, as well as the reversal of the subsidy system so that farms adhering to the AWI program, rather than to the CAFO structure, are compensated by the government.  In Thailand, for example, high taxes were imposed on chicken production plants that were within 100 kilometers of Bankok, whereas farmers outside this perimeter were tax-exempt.  This proved to be very effective at discouraging urban farming facilities.[50]  LEAD also encourages governments to utilize zoning in order to eradicate the prevalence of factory farms in urban areas.  

            LEAD initiatives are slowly gaining ground in their battle against industrialized livestock pollution.  One pilot scheme entitled the Livestock Waste Management in East Asia Project (LWMEAP) that targets Thailand, Vietnam and China, was granted $700,000 by the Global Environmental Facility (GEF) in order to fund the Project Preparation and Development Facility (PDF-B).  Through this project, LEAD works with governments of these affected countries in order to develop policies that address the issue.  At the national level, LEAD encourages inter-agency cooperation between the departments of agriculture, environment, economy and public health, in the creation of environmental regulations.  LEAD also recommends that national governments conduct special planning analysis so that future livestock facilities will be less damaging to the environment,[51] will have better manure storage facilities, and will be more capable of nutrient recycling.[52]   

            In September of 2003, LEAD hosted a workshop in Bangkok in connection with the LWMEAP initiative, which sought to address the environmental concerns of the livestock industry. Representatives from Thailand, Vietnam, and China were in attendance, as well as members of the GEF, the Ministries of Agriculture and Finance, the World Bank, and the FAO.  During the meeting, the parties agreed upon the timeframe of 2004 for the submission of a project brief, and also consented to a design for the institutional arrangement of the PDF-B.  In addition, the workshop outlined the phases which would be carried out by LEAD, such as: identifying stakeholders; analyzing geographical regions in terms of the best locations for livestock production; exploring methods of manure management as well as researching new technologies to address waste processing; evaluating the institutional capabilities of Thailand, Vietnam and China in developing and enforcing environmental regulations; and designing an effective monitoring and evaluation plan.[53]

            LEAD developed a Nutrient Balance Calculation Program[54], which it intends to incorporate into all of its pilot project plans.  This Excel based balance sheet is responsible for monitoring the nutrients that go in and out of livestock farms.  It calculates the nutrient excretion of livestock, as well as comparing the content of nutrients and heavy metals in manure to the demand and uptake of nutrients in crop production.  In other words, the balance sheet ensures that the nutrients contained in animal waste are produced at a rate that equals, rather than exceeds, the nutrients that can be applied to the land as fertilizer.  This prevents degradation of water supply caused by the overabundance of nitrates, phosphates and heavy metals.  LEAD intends for the utilization of the Nutrient Balance Calculation Program to be combined with governmental incentives for farms that balance nutrients, as well as punitive measures for those that don’t comply. [55]    

            LEAD is also involved in researching the effect of livestock production on water supply, particularly in dry lands of Africa, as the total amount of water needed for livestock production is currently unknown.[56]  LEAD posited that under the current system of water use, “degradation of water by livestock may exceed total amount used.”[57]  Therefore, LEAD initiated a study in order to improve the ratio of livestock to water productivity and increase water-use efficiency for food production in river basins, specifically the Nile basin.  Through partnership with the Animal Agriculture Research Network, Ethiopian Agricultural Research Organization, International Water Management Institute, and others, the study looked at the relationship between animal production and water with four different types of livestock systems in the drylands of Africa: rainfed pastoral, rainfed mixed crop, peri-urban, and large-scale irrigation.  In order to develop policies to address water shortages, LEAD extracted information through basin-wide mapping, spatial modeling and descriptions of livestock-water “hotspots.”  Through this research, LEAD intends to train graduate students in water management, as well as creating a “toolbox” of proven methods of improving the livestock-water ratio.  Furthermore, it endeavors to educate communities in water basin regions on how to better utilize water in livestock production through improved techniques and technology so that sufficient water supply is left for crop production, human needs, and environmental preservation.[58]      

            Although LEAD pilot schemes have been relatively small and experimental in design, they can boast some initial successes.  In Thailand, LEAD initiatives have resulted in the development of public interest in these issues, which has instigated the demand for new regulations by the Thai government.  Moreover, in China, the provincial government has adopted some of the policies suggested by LEAD.  While LEAD is focusing predominantly on livestock industrialization in Asia, due to the imminent threat to the South and East China Seas, it intends to expand its programs to Latin American countries.[59]     

           

Recommendations

Ideally, the best way of resolving this critical environmental issue is to revert back to traditional farming practices that are self-sustainable.  The current industrial system of factory farming is cost-efficient on a purely economic scale; however, the cheap cost of meat created by mass-scale production does not account for the costs to the environment.  Therefore, if one were to internalize the costs of damage to the fishing industry from fish kills or health-care costs from pathogens or antibiotics in the water, industrialized meat production would prove far less cost-effective.  Smaller, land-based livestock facilities are sustainable and harmonized with nature, thereby limiting conflict with the environment.  This type of farm still does exist and is targeted to the market of consumers who are concerned about the origins of their food.  For example, Joe Saladan has a farm in the Shenandoah Valley of Virginia that raises chickens, cows, turkeys and pigs.  He devised an ecologically efficient system of land use, in which cows are rotated from one pasture to another after a few days.  Once the cows are gone, he brings in the “egg mobile” which is essentially a chicken coup.  The chickens roam the pasture, eating grass and grubs from the cow manure, while simultaneously spreading the manure and thereby fertilizing the field.  After a few weeks, Mr. Saladan reintroduces the cattle into the pasture, as the grass has been replenished, and the fly larva has been reduced.  This organization is beneficial to the environment, as it is modeled after nature, in which birds and grazing animals have a symbiotic relationship.  Under this system, the soil quality was far superior by the end of the year than before fertilization.  A farm could theoretically exploit the improved soil by growing crops the year after the cows’ habitation, so that the cycle would extend to rotation of livestock and produce.  Furthermore, this closed nutrient loop would ensure that manure would not exceed absorption capabilities of the soil, thereby preventing nutrient seepage into groundwater and runoff into bodies of water.  In addition, animals living off the land tend to be healthier than those crammed indoors, which would eliminate the over-administration of antibiotics and other harmful drugs.  This would prove to be safer for both humans and aquatic ecosystems.[60]        

            A land-based approach to livestock production that approaches this system is a far better solution to the problem than the many “quick-fixes” that have been proposed by different parties, particularly the livestock industry.  These suggestions, which often utilize new forms of technology, do not attempt to regulate the source of the pollution, but rather conceal it so that it is less noticeable to the public.  In order to curb the pollution caused by factory farming, these parties contend that agricultural engineers should work to develop technology and architectural modifications.  “Technology and regulations can work together to ensure the environment is protected.”[61]  For example, they posit a “water curtain” which would reduce the amount of particulate matter in the air on the downwind side of a cattle feedyard, and a “Phosphorous Index” which would evaluate the effect of phosphorous on surface water.  Advocates of these innovations claim that “Even if a field has high phosphorous levels, if there is no way for the phosphorous to move onto surface water, then the concern for that field is minimal to nonexistent.”[62]   

            Therefore, despite the necessity of a land-based sustainable system, both the private and the public sector are hesitant to reform the industry, which is evidenced by the preponderance of factory farms, especially in the developing world where meat has become a sought-after commodity.  As long as governments continue to subsidize the industrialized livestock complex, as well as the corn industry that feeds these animals,[63] consumers will have the impression that meat is inexpensive, and will never condone a rise in price.  However, if local governments, who cope with the damage to human health and the environment, are able to persuade national governments to discourage industrialized meat practices through zoning, subsidies and taxes, the environment will undergo improvement.  Furthermore, governments must prioritize the enforcement of environmental regulations, such as the EPA’s permit programs.  This is an arduous task, because, as previously mentioned, the meat conglomerate is highly influential over the government, through tremendous lobbying pressure, and personal ties between politicians and the industry.  Since the 1990 elections in the United States, for example, cattle and livestock interests have donated $22 million to political campaigns.[64]        

            Because the government has proved unsuccessful at addressing these environmental concerns, perhaps the most effective way of curbing pollution from factory farms is through “reflexive laws.”  Reflexive laws rely on consumers, workers, shareholders, and general citizens to pressure businesses to reduce pollution.  Through disclosure of information to the public, the power of the market, as opposed to the government, instills punitive damage upon polluting corporations through boycotting, protesting, and selling of stock.  Through this process of shaming and loss of profits, the company internally reforms its practices so that they adhere to environmental standards.  Subsequently, the company enforces an “efficient level of pollution—the point at which the market-driven costs of being a heavy polluter equal the costs of installing cleaner technology or otherwise reducing pollution—[which] might be lower than would be required by a command-and-control system.”[65]  Reflexive laws can be successful because of three factors:  they provide information in a clear, accessible way; they provide incentives for companies to alter their polluting habits; and they shift the financial and bureaucratic burden of collecting information, enforcing regulations and setting risk levels from the government to the corporation.  Reflexive laws could be utilized in the struggle to curb pollution caused by CAFOs through mandatory data reports, hazard warnings, and eco-labeling.  For mandatory data reporting, a CAFO Release Inventory (CRI) could be devised, which would require each firm to compile detailed information about the emissions that its facility releases into the air, water and soil.  Furthermore, companies would be inclined to reduce their emissions, as the competition from companies ranking lower in pollution output would pressure them into better environmental compliance.  This information would also be highly accessible to the media, so that the public could have further knowledge of brands to avoid.  Hazard warnings are another reflexive law measure; they would require companies to mail a notice to citizens in a watershed area when a CAFO had emitted a pollutant or applied manure to a field in an amount that is higher than the standard.  Rather than targeting neighbors in close proximity to the CAFO, this program would increase effectiveness by requiring notification to all citizens who may be directly or indirectly affected by the pollution.  The last recommendation is for a certification regime in which farms can apply for certification from a non-profit or government sponsored agency.  This certification can be for the farm facility itself, or more probably, for the right to eco-label the product once it has entered the consumer market.  However, this certification process is most effective as a second stage initiative, because by first initiating mandatory data reports and hazard warnings, the public is alerted and educated about the issue, and therefore has incentive to purchase certified products.  Due to the success of reflexive law in other industries, such as with the Toxic Release Inventory (a section of the Community Right-to-Know Act), as well as the USDA’s organic label, it seems as though public pressure could encourage adherence to environmental standards in the meat industry.[66]  Furthermore, it could be potentially enticing to conservative governments, which shirk away from direct governmental regulations, and prefer to rely on market forces. 

            The international community, particularly the EU and the UN, are to be commended for their increased awareness of environmental concerns caused by the livestock sector.  The FAO’s LEAD initiative has taken a step in the right direction, as it recognizes the inherent flaw in the factory farming system, and is addressing the root of the problem through its AWI program.  However, the LEAD program is still in its infancy, and is provided with few resources with which to carry out research and pilot schemes.  The $700,000 grant that the GEF provided for a LEAD initiative is miniscule when one considers the gravity and the scope of the problem.  Furthermore, LEAD has no authority to impose any of its policies on collaborating governments; therefore, countries are free to choose the suggestions they wish to adopt, while disregarding the rest. 

            Therefore, in the near future, the international community must devise an international treaty that would address the hazards both to the environment and to human health caused by factory farming.  Through this treaty, uniform, global standards must be created for environmentally-safe livestock production.  This can be conducted under the guise of “sustainable development,” which has been recently in vogue[67] in international environmental law, as current industrialized farming practices are unsustainable in terms of depletion and pollution of freshwater sources.  For example, this treaty must outline acceptable levels of waste discharge from CAFOs, as well as establish stricter standards for manure management and water usage.  This treaty could be modeled after the successful Council Directive 91/676/EEC of the EU, which mandated the reduction of nitrate pollution from the livestock industry by Member States and established an enforcement Committee. Furthermore, the international community must admit to the inherent flaw of the industrialized livestock system, and therefore impose measures to provide advantages to farms that adhere to the AWI program.  Such measures include the “polluter pays principle,” so that factory farms are forced to clean up environmental damage, as well as incentives such as taxation, subsidies and zoning regulations.[68]  Furthermore, compliance with this international treaty could be ensured through import restrictions on countries whose livestock practices do not conform to international standards, modeled after the current Montreal Protocol, which penalizes non-complying or non-party states through trade barriers.  In an effort to conform to the WTO’s principle of trade liberalization, the WTO, through its Committee on Trade and Environment,[69] could incorporate condemnation of polluting practices into its agendas so that it is more accepting of environmental regulations.[70]  Furthermore, this international treaty should create an intergovernmental organization (IGO) that would serve as an implementing, monitoring and enforcing body of the law.  In addition, this IGO would provide education and assistance to farmers about livestock production techniques that are cost effective yet environmentally sound, specifically targeting the agricultural sector of developing countries who lack the financial resources to overhaul their current systems.  In addition, this governing IGO should employ Research and Development in order to create technology that improves production to meet the growing meat demand, while still employing land-based, self-sustaining farming techniques.

            Unfortunately, it seems that an initiative of this magnitude would only be introduced into the international community through increased public awareness and massive environmental destruction.  At this moment, it is apparent that neither of these criteria is fully met; however, with substantial damages to rivers and lakes in North Carolina, and to the South and East China Seas, as well as the increasing affect on human health, perhaps the stage is set for some international convention on this issue.  Until then, NGOs and initiatives such as LEAD can continue to inform the public and put pressure on the livestock industry and the government.  The more attention this issue receives by citizens, and the more their outrage influences the practices of the private sector as well as the policies of the public sector, the sooner the international community will address this issue on a global scale.           

 

                


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[1] From “Hog Heaven --and Hell…” by Michael Satchell

[2] From “Hog Heaven and Hell” by Michael Satchell.

[3] From “State of the World, 2006”

[4] From Fresh Air, with Michael Pollan

[5] From “Old McDonald’s Factory Farm” by C. David Coats.

[6] From “Old McDonald’s Factory Farm” by C. David Coats

[7] From “Old McDonald’s Factory Farm” by C. David Coats

[8] Facts in paragraph from “Old McDonald’s Factory Farm, by C. David Coats

[9] From “Reflexive Law Solutions for Factory Farm Pollution, by Warren Braunig

[10] From “Old McDonald’s Factory Farm” by C. David Coats

[11] From “Livestock Production and the Environment…” by Allan Rae

[12] From “Hog Heaven and Hell…” by Michael Satchell

[13] From “Hog Heaven and Hell..” by Michael Satchell

[14] Published in the book “The Consumer’s Guide to Effective Environmental Choices” by Warren Leon.

[15] From “Group’s Surprising Beef With Meat Industry” by Glen Martin

[16] From “New National plan proposed to control pollution of water by livestock waste” by Beth Baker

[17] From Old McDonald’s Factory Farm, by C. David Coats

[18] To put this in perspective, this is twice the volume of oil spilled by Exxon in the Valdex disaster.

[19] From “Hog Heaven and Hell..” by Michael Satchell

[20] The 6 were:  Cobb-Vantress, Cargill, Inc. Georges Inc, Peterson Farms, Simons Foods, and Tysons Foods, Inc. 

[21] From “Tulsa Sues Chicken Processors”

[22] From “LEAD approach to addressing Land, Water and Air Pollution by Industrial Livestock Production

[23] From “Pollution from Industrialized Livestock Production”

[24] From “CAFOs: Health Risks from Water Pollution”

[25] From “Hog Heaven and Hell…” by Michael Satchell

[26] 70 percent of antibiotics are given to healthy animals.

[27] From “CAFOs:  Health Risks from Water Pollution”

[28] From “Reflexive Law Solutions for Factory Farm Pollution” by Warren Braunig

[29] From “Hog Heaven and Hell…” by Michael Satchell

[30] From Chapter 9 of the Code of Federal Regulations: Animals and Animal Products

[31] From “Reflexive Law Solutions for Factory Farm Pollution” by Warren Braunig

[32] In another source it gives 2003 as the year—I assume that it was developed in 2001 but put into action in 2003.

[33] From “Resource: Engineering and Technology for a Sustainable World” by Benjamin Weinheimer

[34] Declared by Pat Gallagher and Barclay Rogers.  From ““Reflexive Law Solutions for Factory Farm Pollution” by Warren Braunig

[35] From “Reflexive Law Solutions for Factory Farm Pollution” by Warren Braunig

[36] From “Council Directive 91/676/EEC…”

[37] Only Ireland had not set up the vulnerable zones. 

[38] From “Pollution caused by nitrates from agricultural sources”

[39] From “Using an ecological understanding of farmland to reconcile nature conservation requirements, EU agriculture policy and world trade agreements”

[40] From “Environment ‘must play role’ in WTO farm talks” in Agra Europe

[41] As I previously discussed in the section about the EPA, just because the governments of developed countries “express concern” over environmental conditions surrounding farming practices, does not necessarily mean that they are successful at enforcing environmentally sound policies.  For example, the Netherlands has the highest intensity of livestock production in the world, and produces 15 million tons more manure than can safely be applied to the land (according to the Livestock Policy Brief ’02), yet the European Union claims to be dedicated to environmental issues in the agricultural sector.   

[42] From “Livestock production and the environment: some impacts of growth and trade liberalization” by Strutt and Rae 

[43] From “From Livestock production and the environment: some impacts of growth and trade liberalization” by Strutt and Rae”

[44] From “LEAD approach to addressing Land, Water and Air Pollution by industrial livestock production”

 

[45] From “Livestock Policy Brief ’02: Pollution from Industrialized Livestock Production”

[46] From “LEAD approach to addressing Land, Water and Air Pollution by industrial livestock production”

[47] http://www.fao.org/AG/AGAInfo/projects/en/lead.html

[48] From “LEAD approach to addressing Land, water and air pollution by industrial livestock production”

[49] From “LEAD approach….Concept of Area-Wide Integration”

[50] From Livestock Policy Brief ’02: Pollution from Industrialized Livestock Production

[51] Building farms that are not close to a stream or aquifer, or to places with high concentrations of people.

[52] From Livestock Policy Brief, ’02: Pollution from Industrialized Livestock Production

[53] From LEAD approach to addressing Land, Water and Air Pollution…”

[54] See last page labeled “Table 1”

[55] From “LEAD approach to addressing Land, Water and Air Pollution…”

[56] This initiative is particularly pertinent right now, as 11 million people in East Africa struggle through devastating droughts, which have caused the death of livestock—the main source of subsistence for African communities. 

[57] From “LEAD approach to addressing Livestock’s role in dryland management”

[58] From “LEAD approach to addressing Livestock’s role in dryland management”

[59] From “LEAD approach to addressing Land, Water and Air Pollution…” 

[60] From Michael Pollan’s interview on NPR’s “Fresh Air”

[61] From “Being a good neighbor: livestock feeders, EPA offers solutions for a changing rural landscape” by Benjamin Weinheimer

 

[62] From “Being a good neighbor: livestock feeders, EPA offers solutions for a changing rural landscape” by Benjamin Weinheimer

[63] The government subsidizes the corn industry with $4 billion a year according to Michael Pollan on “Talk of the Nation”

[64] Any further restrictions on the meat industry will definitely not occur under the present administration, as The meat industry gave more money to Bush than any other candidate in his 2000 campaign for President.  He is also quoted as saying, “I love those cattlemen!”  Taken from “For Cattle Industry, a Swift Response Years in the Making.”  

[65] From “Reflexive Law Solutions for Factory Farm Pollution” by Warren Braunig

[66] From Reflexive Law Solutions for Factory Farm Pollution” by Warren Braunig

[67] Since the concept first became popular in the Brundlandt Report in 1987.

[68] Although subsidies are commonly discouraged by the WTO, a reduction in subsidies to industrialized farming, which is condoned by the WTO, would be a step in the right direction.  Furthermore, if subsidies were said to support environmental goods rather than production-increase, as in the CAP reforms in the EU, they would theoretically be accepted by the WTO.  

[69] From “Reconciling Trade and Sustainable Development” by Cosbey in “State of the World, 2006”

[70] This is somewhat of an extension of the Doha Declaration, which recognized the principle of sustainable development, and sought to reconcile environmental law with trade liberalization.