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EPA error prompts judge to stop dairy case

BY STACEY SHEPARD, Californian staff writer
e-mail: sshepard@bakersfield.com | Monday, Feb 4 2008 10:30 PM

Last Updated: Monday, Feb 4 2008 10:32 PM

A federal judge temporarily halted a case against a Kern County dairy Monday after the U.S. Environmental Protection Agency said it erred in a decision that caused the dairy to be sued.

EPA officials said they were wrong to approve pollution rules for San Joaquin Valley farms in 2004 that were stricter than those passed in a state law the same year.

That mistake resulted in a September ruling by federal Judge Oliver Wanger against the dairy for violating the Clean Air Act, an attorney for the C&R Vanderham Dairy in Shafter said.

The 1,300-cow dairy is exempt from regulations under the state law but would be regulated under the valley rules for farms approved by EPA.

Wanger based his decision on the valley regulations.

"EPA has admitted it made a mistake and the judge's decision was based on that mistake so we need to let this work itself out," said Bakersfield attorney and dairyman David Albers, who represents the Vanderham family.

An attorney for the environmental group that sued the dairy said EPA's reversal is an attempt to protect the dairy. The EPA can't relax the valley rules, said Brent Newell, an attorney representing the Shafter-based environmental group Association of Irritated Residents.

If that happens, Newell said his clients plan to challenge EPA's decision to roll back the farm regulations in court.

"They're allowing agriculture to receive special treatment again and be subject to less stringent standards than all other sources," he said.

EPA has issued a public notice that it intends to change San Joaquin Valley rules for farms to bring them in line with state law.

The law, known as SB 700, was authored by state Sen. Dean Florez, D-Shafter, and took effect in 2004. It was notable because it repealed a long-standing provision that exempted the California agriculture industry from air pollution regulations.