www.nefb.org FEBRUARY/MARCH 2021 | VOL. 39 | ISSUE 1 FARM BUREAU NEWS 4 Ag in 2021 7-8 Legislative News STRENGTHEN YF&R FUN 9 Climate Change COUNTY FARM Teacher of the Year PAGE 5 INSIDE 10 BUREAUS PAGE 23 Nebraska Supreme Court decision positive for growing livestock in Nebraska December Nebraska Supreme a producer can properly support an ap- Court decision to uphold the plication through the zoning process,” A validity of a special use permit for Mossman said. a poultry operation in Lancaster County Nebraska Farm Bureau President Mark is good news for livestock producers in McHargue agreed using the right tools Nebraska. The court’s decision relied to site livestock buildings brings value to in part on the Nebraska Odor Footprint Nebraska’s livestock sector. Tool to show the county had considered “Not only did the court cite a sci- the public health, safety and welfare ence-based tool in its decision, it also when considering the permit. The court was upheld in Lancaster County Dis- tion, including representing producers in relied on testimony from state and local decision could set a precedent for future trict Court and appealed to the Supreme county zoning matters. Mossman suc- regulatory experts in finding the op- zoning and nuisance lawsuits and offers Court. In its decision, the Supreme Court cessfully represented Essink in this case eration met county zoning regulations. hope for livestock producers relying on affirmed the ruling of the lower court, at the district court level and through This deference to local officials should science-based tools when designing declaring that a county zoning permit for the Supreme Court. “The Essink Opin- encourage local zoning officials who use their operations. three poultry barns was justified, in part, ion is an important precedent because it the proper procedures and science-based The odor tool was created at the Uni- because neighbors would be “free of odor acknowledges that an application prop- tools when making zoning decisions of versity of Nebraska-Lincoln’s Institute of 94% of the time,” according to the Ne- erly supported by the modern tools that the validity of those decisions,” McHar- Agriculture and Natural Resources. Rick braska Odor Footprint Tool. go into planning a livestock operation gue said. Stowell, UNL animal environmental ex- “My interpretation of the court rul- carries considerable weight before both tension specialist, was on the team that ing is that it mainly reinforced the val- county officials and the court system,” Livestock Matrix developed the tool and continues to sup- ue of doing due diligence in planning a Mossman said. The decision might also encourage port outreach on its use. livestock expansion. Using tools like the Mossman also credited the Nebraska county officials to look at other sci- “The Nebraska Odor Footprint Tool Nebraska Odor Footprint Tool provides Agricultural Legal Foundation (NALF), ence-based tools like the Livestock Sit- is intended to be used as a planning evidence that a producer is making rea- for its involvement in support of a 2008 ing Assessment Matrix, developed by tool that increases the use of objec- sonable efforts to objectively assess risks Nebraska Supreme Court case, In Re Ol- the Nebraska Department of Agriculture. tive, science-based information in de- to others. I think this can carry consider- mer, that helped set the stage for the The matrix scores a proposed operation cision-making related to livestock odor. able weight when officials need to make Essink case. NALF was started by the on objective criteria and helps counties It’s a simple tool, that assesses odor risk decisions on applications that involve a Nebraska Farm Bureau to help Nebraska determine whether to approve a permit. and estimates minimum separation dis- hot-button topic like odor,” Stowell said. farmers and ranchers with these types of McHargue served on the development tances needed to keep the odor risk at According to Stowell, using the Ne- complaints. committee that created the matrix in certain levels,” Stowell said. braska Odor Footprint Tool when eval- In the In Re Olmer case, Mark Olmer 2015. uating potential new or expanded site(s) filed an application for a conditional use Those who support growing livestock Suit Challenged Zoning Permit should increase consideration of odor permit to allow a swine finishing oper- in Nebraska agree the Nebraska Supreme The case, Egan v. County of Lancaster, risk to residents in the surrounding ation on his property in Madison Coun- Court’s decision might discourage future was brought by Lancaster County resi- area and eliminate higher-risk scenari- ty, which was denied. In this case, he litigation over livestock operations, in- dents against the county for its approval os early in the planning process. Its use appealed the decision to the Nebraska cluding nuisance suits if science-based of a Special Use Permit (SUP) for a poul- might also increase credibility of permit Supreme Court, which reversed the de- tools like the odor footprint tool or ma- try operation proposed by Randy Essink. applications to county/community deci- cision of the Madison County Board of trix are used in project development and Essink wanted to build three barns that sion-makers. Commissioners and eventually the lower the permit decision process. would raise broiler chickens for Lincoln courts. Mossman, who also represented “I would think this court decision Premium Poultry. Despite heavy oppo- Setting a Precedent Mark Olmer, said both those decisions would give a future plaintiff pause with sition from neighbors, environmental Lincoln attorney Steve Mossman is will go a long way in growing livestock bringing a lawsuit if these tools were groups and others, the Lancaster Coun- with the Mattson Ricketts Law Firm and production in Nebraska. employed in the development of a re- ty Planning Commission and the Coun- specializes in agricultural, water, envi- “Olmer helped level the playing field sponsible livestock operation,” McHar- ty Board approved the SUP. The decision ronmental and natural resources litiga- in court and Essink is a roadmap on how gue said. 2 OPINIONS NEBRASKA FARM BUREAU NEWS FEBRUARY/MARCH 2021 ear Farm Bureau Members, have been filled with connecting with Farm Bureau on page 8.) I hope this note finds you doing well. As members to hear what’s on their minds, engaging l Expand rural economic development opportunities to DI write this, it is one of the coldest days of with influencers who are instrumental in helping grow rural Nebraska and enhance profitability for farm the year so far. Being all too familiar with working us implement our policy objectives and mission, as and ranch families. outdoors in the cold, I want to share my well as serving as a voice for agriculture by l Reduce Nebraska’s over-reliance on property taxes and appreciation to my fellow producers for doing outreach and interviews with media. seek a more balanced system to fund education. (See their work, particularly our livestock Part of exerting influence is being in the story on page 7.) producers. Keeping livestock fed, right positions. With that said, I’m happy l Ensure environment and climate initiatives work for watered and cared for when battling the to report that I was recently elected to the farm and ranch families. (See more information page 9.) wind, snow and sub-zero temperatures American Farm Bureau Federation Board of l Support animal agriculture production and policies to deserves special acknowledgment, Directors. This is key to ensuring Nebraska enhance growth. (See stories on front cover and page 4.) as do the efforts of those battling the and Midwestern states have a voice in l Grow markets, domestic and international, for elements through calving season. helping direct our nation’s largest farm and Nebraska agricultural products. (See story on pages 4 As I’ve said before, it’s an honor and ranch organization. and 6.) privilege to represent so many whose Mark McHargue Working with our State Board of Directors l Ensure regulations and programs work for farm and work contributes so much to fulfilling PRESIDENT, we’ve also approved the Nebraska Farm ranch families. the basic needs of our society. NEBRASKA Bureau’s 2021 policy priorities. These provide As we march forward into the year, please know I’m On the Farm Bureau front, it’s FARM BUREAU a foundation and guidance for the work of here to serve. been a whirlwind since I took office the organization for the year. Throughout I always appreciate hearing from you. Please don’t in December. My message to staff when I started, this month’s newspaper you’ll find several stories hesitate to reach out to me at [email protected]. was that I wanted to make sure my time was spent related to our work on these policy objectives, Until Next Time, advancing NEFB’s mission and working for a great whether it’s through our advocacy efforts at the state quality of life and prosperity for our members. With or national levels. The priorities include: their help, I’m proud to say we’ve accomplished l Expand rural connectivity to secure high-speed, that in constructing my weekly activities. My days high-quality internet access statewide. (See stories Mark McHargue, President VOLUME 39 ISSUE 1 February/March 2021 USPS 375-780 ISSN 0745-6522 Official publication of Nebraska Farm Bureau Federation (402) 421-4400 www.nefb.org POSTMASTER: Send address changes to: Nebraska Farm Bureau News Attn: Tina Henderson P.O. Box 80299, Lincoln, NE 68501 NEBRASKA FARM BUREAU NEWS is published six times per year by Nebraska Farm Bureau Federation, 5225 South 16th St., Lincoln, NE 68512. Periodicals postage paid at Lincoln, NE, and additional entry offices.