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Legislation to Reinstate MPCA Community Board gets 1st Hearing in MN Senate March 9

Citizens’ Board Was Eliminated after Ordering an EIS on a Factory Farm

March 8, 2023

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SAINT PAUL, Minn. — A bill to reinstate a key body for allowing Minnesota residents to have a say in the future of their communities’ environmental health will be considered during a legislative hearing on Thursday, March 9. The Senate State and Local Government and Elections Committee will consider the reinstatement of the Minnesota Pollution Control Agency’s (MPCA) Citizens’ Board, beginning at 12:30 p.m., in Room 1100 of the Minnesota Senate Building in Saint Paul.

In a highly controversial move, during the final hours of the 2015 Minnesota legislative session the 48-year-old MPCA Citizens’ Board was abolished without a single hearing. The Board’s elimination was prompted when its members ordered an Environmental Impact Statement be done on a proposal that would have expanded the state’s largest factory dairy operation. Land Stewardship Project (LSP) member Jim Riddle, a farmer from Winona, Minn., who was a member of the Citizens’ Board when it was eliminated, plans to testify on March 9 to let legislators know that rural people want the Board back.

“The MPCA Board is critical to having accountability in our government,” said Riddle. “The Board created a space for democracy in action — where every voice can be heard, in full daylight, to protect Minnesota’s environment and ensure our laws and regulations are being followed.”

The MPCA Citizens’ Board was established when the MPCA was created in 1967. Made up of eight members of the general public and the MPCA Commissioner, the Board had legal authority to make final decisions on environmental review and permitting of industrial projects, including factory farms. The Board had the power to overturn agency decisions and it made its decisions in a public forum where citizens were welcome to testify.

Legislation to reinstate the Board was introduced earlier this session by Rep. Kristi Pursell (DFL-Northfield), who is the vice chair of the House Agriculture Finance and Policy Committee, and Sen. Foung Hawj (DFL-St. Paul), who is the chair of the Senate Environment, Climate and Legacy Committee. The bills are House File 2076 and Senate File 1937. House File 2076 has 20 co-authors and Senate File 1937 has three co-authors, including Sen. Erin Murphy (DFL – St. Paul), who is the chair of the Senate State and Local Government and Elections Committee, and Sen. Aric Putnam (DFL – St. Cloud), the chair of the Agriculture, Rural Development, and Broadband Committee.

Also making the trip March 9 to testify in support of the reinstatement bill is LSP member and livestock farmer Beth Slocum of Welch, Minn. As a local farmer, Slocum joined her neighbors in Goodhue County to organize and protect their community from a conglomerate of factory hog operations in their community that was seeking to expand. In 2017, Slocum and her neighbors conducted a five-week study monitoring hydrogen sulfide emissions at the property boundaries of six livestock facilities in Goodhue County. The results showed that the operators were likely exceeding health risk values set by the Minnesota Department of Health at four of the facilities. Following the study, then MPCA Commissioner John Linc Stine committed to both short- and long-term monitoring of some of the facilities. However, a permit was issued for the expansion and no continuous monitoring took place.

“Since the abolishment of the MPCA Board, there is no avenue for checks and balances on agency decisions, the public lacks opportunities to meaningfully make our voices heard and agency decisions have become increasingly opaque and undemocratic,” said Slocum. “By reinstating the MPCA Citizens’ Board, communities like ours will have recourse when the agency isn’t serving us well.”

The reinstatement legislation would also require that Board membership include an enrolled member of a Tribal nation, a small-scale farmer, a member of a labor union and three members who are Black, brown, Indigenous, or low-income and live in an “environmental justice community.” An “environmental justice community” is a neighborhood, composed predominantly of persons of color or a substantial proportion of persons below the poverty line, that is subjected to a disproportionate burden of environmental hazards and/or experiences a significantly reduced quality of life relative to surrounding or comparative communities. The MPCA estimates that 50%-60% of projects permitted by the agency are located in environmental justice communities. The legislation would also require that the board, in reviewing projects, consider whether there has been free prior and informed consent via government-to-government consultation with Tribal Nations.

“Communities that bear a disproportionate amount of environmental, health and economic impacts by industrial projects deserve to have a real place at the table,” said Nazir Khan of the Environmental Justice Table. “Reinstating the Board will ensure the MPCA is prioritizing Minnesotans, rather than corporate polluters.”

The effort to reinstate the MPCA Citizens’ Board is supported by more than 50 agricultural, environmental, faith, labor and social justice organizations from rural, urban and suburban communities in Minnesota.

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Category: News Releases
Tags: citizen democracy • factory farm • local control • Minnesota Legislature • MPCA Citizens' Board

Contact

Amanda Koehler, LSP policy manager, 651-431-1117, e-mail

Upcoming Events

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July 2025

Saturday July 12

10:00 am – 2:00 pm
Fishing, Farming & Food: Rush Creek's Fish Kill Anniversary & Why it Matters
Saturday July 12
10:00 am – 2:00 pm
Fishing, Farming & Food: Rush Creek's Fish Kill Anniversary & Why it Matters
Farmers Community Park, 23274 Arches Road Lewiston, MN 55952

During the Fishing, Farming & Food: Rush Creek’s Fish Kill Anniversary & Why it Matters event, the Land Stewardship Project will mark the three-year anniversary of a major fish kill in southeastern Minnesota that spawned citizen action and led to new public policy around how such events are reported. Join Land Stewardship Project and our partners at Farmers Park, Saturday July 12, from 10 a.m. to 2 p.m. in Lewiston, Minnesota. Register here.

What to expect?

  • Fly fishing demonstration led by Minnesota Trout Unlimted and LSP member, Lee Stoe. Please bring your own fishing gear.

  • Minnesota Trout Unlimited & Izaak Walton League staff and members will be leading macroinvertebrate sampling of Garvin Brook and discussing what they tell us about the health of the stream.

  • Discussion on how regenerative farming systems can support healthy soil and clean water.

  • Opportunity to take action! Help prevent future fish kills by sharing how you think the Minnesot Feedlot Rule, which is open for comment through July 22, should be stronger. Postcards will be available to fill out and send with your comments.

  • Farmers Park is a great spot for birding. Please bring your binoculars!

  • You are welcome to bring your own snacks or picnic lunch; food will not be provided at this event.

LSP is partnering with several community groups for this event, including:

Minnesota Trout Unlimited, Minnesota Center for Environmental Advocacy, Izaak Walton League, Food & Water Watch, and Savanna Institute

Register HERE. For more information, contact LSP’s Kate Rowe at krowe@landstewardshipproject.org.

Tuesday July 15

5:00 pm – 8:00 pm
Organic Fruit & Vegetable Field Day
Tuesday July 15
5:00 pm – 8:00 pm
Organic Fruit & Vegetable Field Day
1805 Dudley Ave, Falcon Heights, MN 55113, USA

Join U of M researchers and Extension for updates on organic fruit and vegetable research and tour the Student Organic Farm and the Minnesota Agricultural Experiment Station in Saint Paul. Topics include: organic insect management, integrating livestock into vegetable farms, new crops for Minnesota, irrigation strategies, and more. Free to the public.
 
For details and to register, click here.

Wednesday July 16

9:30 am – 2:30 pm
Russell Hedrick Soil Health Event: Cottonwood County
Wednesday July 16
9:30 am – 2:30 pm
Russell Hedrick Soil Health Event: Cottonwood County
27092 Co Rd 8, Comfrey, MN 56019, USA

Details here.

Thursday July 17

9:30 am – 2:30 pm
Russell Hedrick Soil Health Event: Pipestone County
Thursday July 17
9:30 am – 2:30 pm
Russell Hedrick Soil Health Event: Pipestone County
518 30th Ave, Jasper, MN 56182

Details are here.

Friday July 18

9:30 am – 2:30 pm
Russell Hedrick Soil Health Event: Lac qui Parle County
Friday July 18
9:30 am – 2:30 pm
Russell Hedrick Soil Health Event: Lac qui Parle County
1174 295th Ave, Dawson, MN 56232

Details are here.

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