Sludge Watch ==> Augusta GA - susbsidy claims reinstated for farms contaminated by sludge

[Maureen Reilly]

Sludgewatch Admin:

The USDA tells farmers that sludge is safe...and when the sludge 
contaminates the soil on the farm so that it can't be used, then they deny 
the subsidies to the farmer for damaged lands.

This judgement put the sludge-devastated McElmurray Farm back on the road to 
planting subsidies for the fields contaminated by sewage sludge.  The US 
Department of Agriculture must reinstate the farm family's claim.

Farmers who use sludge should be aware of the risks and liability they face. 
  Look closely at the lawsuits in Georgia where crops and cows were 
contaminated by sludge.

.......................................................

Bid for subsidies reborn
Family once sued city over sludge
By Rob Pavey| Staff Writer
Saturday, March 01, 2008

The U.S. Agriculture Department must reinstate an Augusta farm family's 
claim for planting subsidies because the land in question was contaminated 
with sewage sludge, a federal judge concluded this week.

The R.A. McElmurray & Sons farm applied in 2003 for federal "prevented 
planting" credits for 1,466 acres of cotton and 264 acres of corn it 
contended could not be planted because their land had been contaminated.

Though the 2002 Farm Bill program was designed to offer credits for crops 
prevented by "drought, flood or natural disasters," the McElmurrays cited 
criteria that included "other conditions beyond the control of the 
producers" and listed the cause of their claim as "environmental 
contamination."

Though a state screening committee approved the request, it was overruled in 
March 2004 by the Agriculture Department, which led the family to file a 
civil lawsuit against the agency.

In a 45-page ruling filed this week, U.S. Judge Anthony Alaimo found there 
was sufficient evidence to show the land was contaminated and that USDA 
officials didn't evaluate the available evidence.

The McElmurray and Boyce families -- dairy farmers in south Augusta and 
Burke County -- initially sued the city of Augusta in 1998.

They contended that sludge from the Messerly Wastewater Plant that the city 
offered as free fertilizer contained dangerous amounts of heavy metals that 
poisoned their land and cattle.

The Boyce family's lawsuit was filed in Richmond County Superior Court, and 
a jury awarded the family $550,000 in 2003. The family had asked for $12.5 
million.

The McElmurray case was settled in September, when insurance companies 
agreed to pay $1.3 million for the cost of defending the city in the Boyce 
lawsuit and pay the McElmurray family $1.5 million to settle their case, 
according to reports in The Augusta Chronicle .

http://chronicle.augusta.com/stories/030108/met_189365.shtml
Sludgewatch Admin:




.......................................................

Bid for subsidies reborn
Family once sued city over sludge
By Rob Pavey| Staff Writer
Saturday, March 01, 2008

The U.S. Agriculture Department must reinstate an Augusta farm family's 
claim for planting subsidies because the land in question was contaminated 
with sewage sludge, a federal judge concluded this week.

The R.A. McElmurray & Sons farm applied in 2003 for federal "prevented 
planting" credits for 1,466 acres of cotton and 264 acres of corn it 
contended could not be planted because their land had been contaminated.

Though the 2002 Farm Bill program was designed to offer credits for crops 
prevented by "drought, flood or natural disasters," the McElmurrays cited 
criteria that included "other conditions beyond the control of the 
producers" and listed the cause of their claim as "environmental 
contamination."

Though a state screening committee approved the request, it was overruled in 
March 2004 by the Agriculture Department, which led the family to file a 
civil lawsuit against the agency.

In a 45-page ruling filed this week, U.S. Judge Anthony Alaimo found there 
was sufficient evidence to show the land was contaminated and that USDA 
officials didn't evaluate the available evidence.

The McElmurray and Boyce families -- dairy farmers in south Augusta and 
Burke County -- initially sued the city of Augusta in 1998.

They contended that sludge from the Messerly Wastewater Plant that the city 
offered as free fertilizer contained dangerous amounts of heavy metals that 
poisoned their land and cattle.

The Boyce family's lawsuit was filed in Richmond County Superior Court, and 
a jury awarded the family $550,000 in 2003. The family had asked for $12.5 
million.

The McElmurray case was settled in September, when insurance companies 
agreed to pay $1.3 million for the cost of defending the city in the Boyce 
lawsuit and pay the McElmurray family $1.5 million to settle their case, 
according to reports in The Augusta Chronicle .

http://chronicle.augusta.com/stories/030108/met_189365.shtml