Bill aims to modify effects of manure pollution ruling

OLYMPIA - Legislators are trying to determine the impact of last fall's Supreme Court decision to side with the state Department of Ecology against Columbia County rancher Joseph Lemire.

Lemire was fined by DOE when he did not fence off part of his land to prevent cattle from accessing a creek that was found to be polluted with manure. The court ruled 8-1 that DOE could regulate nonpoint water pollution sources when there was a "substantial potential" to pollute.

Rep. Brian Blake, D-Aberdeen, chair of the House agriculture and natural resources committee, said there was fear in the agricultural community about how it could be interpreted.

"I think that water quality is the overarching discussion this session," Blake said. "We've got to find a way to make folks know - we want them growing cattle and we want them growing wheat, and not fearing what many of us are calling unnecessary buffers that would take land out of production. Finding that balance is going to be critical."

Senate minority leader Mark Schoesler, R-Ritzville, who sits on the agriculture committee, said it was hard to determine a single priority for agriculture this session, but that the Supreme Court case was concerning.

"A literal interpretation of 'potential to pollute' should scare every citizen in the state of Washington, if they were held to the same standards as Mr. Lemire," Schoesler said. Families changing motor oil or using fluorescent light bulbs were also potentially polluting, he said.

Tom Davis, director of government affairs at the Washington Farm Bureau, said the advocacy group wants to see policy based on "balanced science" and actual, rather than potential, harm.

He compared it to giving traffic tickets based on cars' ability to speed.

Blake expressed optimism that the agricultural and environmental communities could reach an understanding, but didn't expect the issue to be solved during the short session.

A Senate bill sponsored by Sen. Jim Honeyford (R-Sunnyside) would limit state regulation of agriculture to the same level as federal regulation, and prioritize incentives or other solutions to water quality issues before punitive measures. It's being heard by committee this week.

Leilani Leach is an Olympia-based intern with Washington State University, providing articles on the Legislative session through the Murrow News Service.