Prairie Dog Wars

  • Keith Edwards, a rancher in Kansas, is in favor of poisoning the prairie dogs. (Photo by Devin Browne)

Often we hear stories about
the government trying to get
farmers and ranchers to do
things that are better for
the environment. But Devin
Browne has a story about a
rancher trying to do something
better for the environment
and getting in trouble with
the government:

Transcript

Often we hear stories about
the government trying to get
farmers and ranchers to do
things that are better for
the environment. But Devin
Browne has a story about a
rancher trying to do something
better for the environment
and getting in trouble with
the government:

In western Kansas, there’s a war going on. People are suing each other and threatening each other and there’s poisons and noxious gasses involved. They all call it the ‘prairie dog wars,’ but few of them agree on what it is they’re really fighting about.

Some people say this is about a bad neighbor who’s ruining things for other ranchers. Some say it’s about whether you can let wildlife live on your land. And still, other people say that the conflict in Kansas is about whether the government gets to tell you what you can do on your own land.

(sound of prairie dog barking)

Prairie dogs about a foot tall, in the squirrel family, though technically rodents. Ranchers hate them because they eat grass that’s meant for cows. But biologists love them because where there are prairie dogs there are also all the other animals that need them for food or shelter – hawks, foxes, badgers, owls, and maybe most importantly – the black footed ferret, one of America’s most endangered mammals. We’ll tell you more about the ferret in a moment.

“It’s been said that prairie dogs are the most important animals on the plains and I agree with that.”

At the center of all this controversy is Larry Haverfield He’s a bearded guy in bib overalls, a born and bred Kansas rancher. Four years ago, he stood up at a county meeting and said he liked prairie dogs. And he wasn’t going to kill them anymore.

Ever since then his neighbors have been organizing against him.

Keith Edwards is one of them.

“We’ve had county meetings, we’ve had a petition, we’ve filed the legal complaints that you can go through the county, and we’ve done that several times.”

Second, third, fourth generation ranchers will tell you so in no uncertain terms they’ve been fighting a war against the prairie dogs. But now these ranchers are fighting against one of their own, Larry Haverfield. It’s gotten ugly. Some might even say petty.

Again, Larry Haverfield.

“Well, they’ve threatened to come in on us, and they have, we haven’t paid all the bills yet either.”

When he says come in on us, he means come in onto his property. Exterminators hired by the county to poison the prairie dogs, the one or two days a year when he’s not home – when he and his wife are in court, in Topeka, battling lawsuits. And then, not only the poisoning, but the bill for the poisoning – for thousands of dollars.

This might sound like illegal trespassing, but, in Kansas, there’s nothing illegal about it. An old law, from 1901, says that the government can poison varmints on your land & then bill you if you don’t kill them yourself.

Haverfield says it’s not just the prairie dogs that are affected by the poisoning. The endangered black footed ferrets eat prairie dogs to survive. Since there are so many prairie dogs on the Haverfield’s land, it was decided that they should host one of the first re-introductions of the ferrets. Since it’s endangered, it can’t be legally poisoned.

But the ferrets didn’t stop the county. Haverfield says the state law and the federal Endangered Species Act are working against each other.

“That’s quite a conflict, we think the endangered species act will rule in that argument.”

And an environmental group thinks Haverfield should be able to do what he wants on his land. Ron Klataske is with the Audubon of Kansas.

“Basically, the conflict in western Kansas is: are landowners allowed to have native wildlife on their land?”

Ironically, ranchers such as Keith Edwards say they’re worried about being able to do what they want on their land too.

“Our question is: what will be able to do with our land when the black footed ferret becomes established? And we poison prairie dogs and it accidentally poisons a ferret? Does that leave us open for a lawsuit? Scares us to death.”

Edwards is afraid that this is only the beginning – that if he can’t poison what he wants on his own land, will he have any freedoms as a farmer at all?

Haverfield says he plans to stick to his principles and keep the prairie dogs & the ferrets on his land, no matter what it costs him.

For The Environment Report, I’m Devin Browne.

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Coal Will Not Go Quietly

  • In the fall of 2007, the state of Kansas made the unprecedented decision to deny a power company permits for a coal plant because of greenhouse gas emissions. (Photo courtesy of the Energy Information Administration)

Reducing the greenhouse gases that
cause global warming will mean less
reliance on fossil fuels, such as coal.
Almost two years ago, Kansas became
the first state ever to deny permits
for a coal plant because of greenhouse
gas emissions. Since then, there have
been lawsuits on all sides. Even the
compromise the Governor in Kansas reached
with the coal company in May is now
stalled. Devin Browne reports that
coal just will not go quietly:

Transcript

Reducing the greenhouse gases that
cause global warming will mean less
reliance on fossil fuels, such as coal.
Almost two years ago, Kansas became
the first state ever to deny permits
for a coal plant because of greenhouse
gas emissions. Since then, there have
been lawsuits on all sides. Even the
compromise the Governor in Kansas reached
with the coal company in May is now
stalled. Devin Browne reports that
coal just will not go quietly:

The Sunflower Electric Power Corporation had actually applied and been
approved for a permit to build a new coal plant in 2002. But, for whatever
reason, they let the permit expire. Seemed like no big deal at the time
– they figured they’d get another one whenever they turned in another
application.

Except that they didn’t. In the fall of 2007, the state of Kansas made
the unprecedented decision to deny the power company. Cindy Hertel is with
Sunflower.

“It would be like going for your drivers license, taking the drivers
test, passing it, then being denied your drivers license because you
don’t drive a Prius. Can’t change the rules in the middle of the game.
And that’s what happened.”

Rod Bremby is the Secretary of Health and Environment in Kansas. He says
the state didn’t really change the rules on regulating CO2 because there
aren’t any rules on CO2. And since there’s no federal regulations,
Secretary Bremby instituted a state regulation. He said it would be
irresponsible not to regulate the gases causing climate change.

Stephanie Cole with the Sierra Club called it a watershed moment.

“We were excited, we were stunned – however, it wasn’t long after
that, legislators from Western Kansas started making comments that they
disapproved of Secretary Bremby’s decision and that they were going to
make legislative attempts to overturn the permit denial. So victory was
short-lived.”

Since then, the power company, Sunflower, has hired lobbyists. They’ve
helped legislators draft new bills to allow the coal-burning power plant.
The power company sued both the previous and current governor for civil
rights violations. For two years – nothing.

Then Kansas got a new governor – Mark Parkinson. Almost immediately
after he became governor last May, he cut a deal with Sunflower. Stop the
lawsuits. Build only one unit, not two or three. And, most importantly to
the Governor’s agenda, put in transmission lines to Colorado so that
Kansas can start exporting wind energy out of state.

Kansas is the third windiest state in the country. But it needs
infrastructure to get that wind-power to other states. And, in the
governor’s deal, power companies like Sunflower help build that
infrastructure.

Cole, with the Sierra Club, said the deal was very much a let-down.

“Because it is very troubling to many of us who have been involved in
this so long. It is such a disappointment.”

For a moment the battle seemed to be over. But, it wasn’t.

In July, Sunflower received a letter from the EPA asking them to submit a
new application for a permit. John Knodel is an environmental engineer
with the EPA.

“It’s not appropriate, in our mind, that they take an application that
was for three 700 MW units and simply say, ‘that was bigger, this project
is smaller.’ We say, ‘you have to go through a process and make it
very clear what this new project is all about.’”

Now that the EPA is stepping in, Sunflower & the Sierra Club are back to
square one.

The power company is expected to turn in its new application this fall.
The Sierra Club is expected to fight it. And Sunflower is expected to
fight back.

Cindy Hertel with Sunflower says the power company is just trying to keep
electricity bills low.

Hertel: “This is still in the best interest of our members.”

Browne: “This still makes sense economically?”

Hertel: “It still makes sense. What people need to know is that we are
cost biased, not fuel biased.”

Browne: “And, right now, for Sunflower, that means coal.”

But it might not be coal for very long.

The U.S. House passed a bill last winter that includes a hefty carbon tax
and incentives for renewable energy. A similar bill was recently
introduced in the Senate.

If it passes, Kansas might find its wind energy not only beats coal in
price, but wind-power could become the next big export for the state.

For The Environment Report, I’m Devin Browne.

Related Links

Keeping the Breadbasket From Drying Up

  • Bob Price is one of many farmers in Southwestern Kansas who signed up for a government program that pays farmers for their water rights and put portions of their land back into grass. (Photo by Devin Browne)

Right now, America’s Bread Basket
relies on an aquifer that’s nearly
drained. And, many say, it will dry
up if farmers keep pumping water
from it at the current rate. Devin
Browne reports the government plans
to pay farmers as one way to get them
to cut water use:

Transcript

Right now, America’s Bread Basket
relies on an aquifer that’s nearly
drained. And, many say, it will dry
up if farmers keep pumping water
from it at the current rate. Devin
Browne reports the government plans
to pay farmers as one way to get them
to cut water use:

Bob Price is every bit the Heartland farmer. He’s dressed head-to-toe in denim with a belt
buckle the size of a small plate. Just like his neighbors, he grows thirsty plants like corn
and alfalfa. But, the land is so dry and so sandy that many agricultural experts think it’s
not suitable for farming.

When Price moved to Southwestern Kansas in 1973, it didn’t seem to matter that the land
was so dry. In his pick-up, on the way to his farm, he tells me that it was the beginning
of an irrigation boom.

“Out here everyone was getting up early, going to work, and all along Highway 50 it was
irrigation pumps, irrigation pipe, engines; this was like a frontier back then.”

At that time, the government heavily subsidized the costs of irrigation. The farmers were
getting an almost immediate return. Their land appreciated almost overnight once
irrigation was established.

Farmers began to pump water – and lots of it – from one of the world’s largest
underground water supplies, the Ogallala Aquifer. They pumped two-feet of water for
every acre they farmed, right onto their crops.

“Meanwhile, the water table is declining and the water that we’re pumping is coming
from farther and farther down and, even with the same energy cost, it cost more to suck
water out of the ground from 500 feet.”

Last year, it cost Price more than $200,000 for the electricity to run the pumps to irrigate
about 900 acres of land. It’s one of the reasons he started to consider other options.

At the same time, the government, on both the state and federal level, started to think of
how to save the water left in the Ogallala Aquifer. Rivers were drying up and several
states in the Plains were suing or being sued for taking more water than they’re allowed.

Several states initiated water conservation programs as a response; Kansas was the first to
do it without the threat of a lawsuit. The program started in 2007. The strategy: pay
farmers to permanently retire their water rights.

Price had actually been wanting to take some of his land out of crops anyways. He’s a
prairie chicken enthusiast and he wants to start a guided hunting business. Prairie
chickens need prairie grass.

“So we’re farming one day, and we’re thinking, ‘sure would be nice to get that into
grass,’ but that’s an overwhelmingly expensive proposition.”

It’s not expensive to plant or grow prairie grass. You don’t need any irrigation for either.
But you do need irrigation for a cover crop that the farmers are required to grow for two
years before they can get to the grass. Susan Stover is with the Kansas Water Office.

“If we did not get something re-established there, we could have potentially dust storms
again and sand dunes moving and really big blow-outs.”

Blow-outs like Depression-Era, Dust Bowl blow-outs. So Price has to plant a cover crop
and pat double what he gets from the conservation program just to irrigate it.

Ironically, the government pays him sizeable subsidies to keep other land in corn, which
needs water from the aquifer to grow. So basically, one government program is paying
Price to stop using so much water, while, at the same time, other government programs
are paying him subsidies to grow the crops that need so much water.

Price would actually like more money to put the land back into grass, but if he wants to
lead hunting trips for prairie chickens and he wants prairie grass, there’s only one outfit
willing to pay him anything to plant that grass – the government.

For The Environment Report, I’m Devin Browne.

Related Links

Fruit Foragers in the City

  • Foraging for fruit from people’s yards is one thing. Foraging for fruit in people’s alleys, another. Woody Sandberg says he avoids foraging in alleys where people conduct business. (Photo by Louise Baker)

With everybody looking for ways to save money, free food has never looked better. Devin Browne followed around a group of people who forage for fruit in the city. They look for fruit trees on private and public property to see what they can grab:

Transcript

With everybody looking for ways to save money, free food has never looked better. Devin Browne followed around a group of people who forage for fruit in the city. They look for fruit trees on private and public property to see what they can grab:

It’s perfectly legal here in Los Angeles to pick fruit from trees that are planted on private property as long as the fruit drops into a public space — like a sidewalk or an alley.

There are rules, though, to proper, legal urban foraging and the group Fallen Fruit knows them well. Woody Sandberg is with the group.

“You’re not allowed to reach across someone’s fence. You’re not allowed to reach into someone’s yard. You’re not allowed to crawl up people’s fences or lean ladders on their fences.”

Most of the people in Fallen Fruit ride bikes, sometimes mopeds. A lot of them carry fruit pickers on their back like you might carry a bow and arrow. There’s something almost primal in the way they all look together, fanning out into the street like a band of hunter/gatherers in search of fresh food.

(sound of street and birds)

“We’re looking for trees or any thing that produces food that hangs over the fence so we can pick it and eat it.”

Sandberg’s not actually picking fruit today – he’s just finding the best places to forage.

Later, they’ll go on a harvest ride. Then they’ll make jam and juice and beer with the fruit they’ve found. Today, the mission is just to make maps of where the trees are.

“Over here we got nopalitos and a lime and some nasturiums.”

People sitting on their porches seem not to mind at all when the group stops outside their house. No one in Fallen Fruit can remember a time when a fruit tree owner yelled or screamed or tried to kick ‘em off the sidewalk.

(sound of foragers giving directions to each other)

Which none of the foragers seem surprised by. Fallen Fruit is highly convinced of their mission. Part of this sense of legitimacy comes from the fact that the group originally conceived of itself in biblical terms.

The name Fallen Fruit even comes from a verse in Leviticus: “You shall not pick your vineyard bare or gather the fallen fruit of your vineyard. You shall leave them for the poor and the stranger.”

The founders also thought that cities should start planting fruit trees in public spaces, instead of thirsty, frivolous plants.

But fruit trees are oddly political. And city officials say there are reasons why they do not and will not plant them in public space.

The first reason LA’s Chief Forrester, George Gonzalez, gave had to do with people tripping and falling on fruit & then suing the city.

“One of the main reasons is a potential liability from fruit—fruit drop.”

He also said that trends in tree-planting have changed and they like to plant hearty , drought-resistant trees now.

“Also, fruit trees require more water.”

And then, there are the rats.

“Rodents love fruit trees… yes.”

Still, the City regularly gives away fruit trees to people who want to plant them in their yards.

It’s part of the mayor’s Million Trees LA pledge. Like Sandberg, Gonzalez sees fruit trees on private space as a way to benefit the public good.

“Cause when they look at a map and see it dotted everywhere with fruit trees hanging over the fence I think its going to blow people’s minds about how much food is out there. Because the current mindset is that food is in the grocery store.”

It’s a mindset not even the most dedicated of fruit foragers can escape.

After the mapping mission, Woody Sandberg left on his bike for the supermarket, because, he says, unfortunately chocolate soymilk doesn’t grow on trees.

For The Environment Report, I’m Devin Browne.

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Green ‘Stop-N-Shops’

  • Melissa Rosen and her husband Greg Horos opened Locali's - LA's first "ecovenience" mart. (Photo by Devine Browne)

Not that long ago, if you wanted to buy eco-friendly at the grocery store, your options might have been limited to the granola and beans in the bulk bins. Then stores started carrying organic produce. Later vegetarian fast food appeared. Devin Browne reports now eco-friendly is hitting convenience stores:

Transcript

Not that long ago, if you wanted to buy eco-friendly at the grocery store, your options might have been limited to the granola and beans in the bulk bins. Then stores started carrying organic produce. Later vegetarian fast food appeared. Devin Browne reports now eco-friendly is hitting convenience stores:

They’re called ecovenience stores and they’re showing up all over the country. The point is that they sell convenience store food, only greener.

(sound of a store)

“This is our organic hot pretzel, we have organic hot pretzels. It’s organic flour.”

That’s Melissa Rosen; she co-owns a new ecovenience store in Los Angeles, called Locali. Which is actually spelled L-O-C-A-L-I.

And they’ve got hot pretzels, but organic. Hot dogs, but grass-fed. The store even looks like a convenience store: It’s in a strip mall, it’s near a freeway. They’ve got cold drinks in the fridge and impulse buys like candy near the cash register. The customers are in a hurry, but a happy hurry. They rave about the chips

“It is a flavor explosion in your mouth, it is beyond savory.”

and the slushies.

“Slushies! There you go, the slushies are amazing.”

But then you get closer and you see that the cold drinks are not soda or beer: They’re Kombucha, the fermented tea. The candy is vegan gummy bears and organic lollipops. And the slushie, their signature item, is sweetened with agave.

There are a few 7-11 staples that are missing from the shelves, like cigarettes and lotto tickets. The owners say there are no green versions of those.

Some of Locali’s products are really pragmatic and not that exciting like energy efficient light bulbs and ecological laundry drops. Others are kind of sensational, silly, really.

“For example the vegan condoms. What is that, what is Glyde? I didn’t know my condoms weren’t vegan.”

So, vegan condoms, vegan caviar. Snow cones sweetened with brown rice syrup. They have this really big variety of products that have never been greened before.

And so the question becomes: will new green products like these, however silly, really mean new green consumers? Matt Kahn is an Environmental Economist at UCLA. HE thinks maybe so.

“So the goal might be to create buzz. That if you only sell green light bulbs and a tofu turkey burger, people might say oh yeah, that’s the green place. But if you do some truly wacky stuff, generating this green buzz, might tip, that even a Dick Cheney might come with his grandson hearing that it’s this wacky.”

Which is more or less the point – Locali wants to recruit new green consumers. Consumers who right now live in neighborhoods that don’t really have supermarkets and so they buy most of their food at liquor and convenience stores.

Of course, one of the problems will probably be price. A 16 oz slushie at Locali is $5.49, while a 22 oz slurpee at 7-11 is just $1.40. But Kahn, the economist, thinks because Locali is smaller and more flexible than say a Whole Foods, it might actually have a better shot at making it in new neighborhoods.

“And so a smaller business might have to pay only a couple hundred thousand dollars rather then multi million dollars to build a big boxed store. And that lower fixed cost of entering a market makes it more likely that smaller green stores might experiment more.”

And apparently, the ecovenience experiment is something that a lot of people want to try. In the first six days of business, the owners received phone calls from people in Seattle and DC and cities all over Southern California. And they all asked the same thing: how soon can we open a locali in our local neighborhood.

For The Environment Report, I’m Devin Browne.

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