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Governor Reaches Compromise with Chesapeake Bay Advocates, Eliminates Poultry Industry Loophole

A political game of chicken ended peacefully in the Maryland General Assembly last week.

Republican Governor Larry Hogan -- who once pledged to make it is his “first fight” to stop poultry manure pollution regulations --  had been facing off against Democratic state lawmakers who wanted a law to protect the Chesapeake Bay from manure runoff.  Last week, they reached a compromise that was praised by both environmentalists and farmers.

In the compromise, the Hogan administration issued revised poultry manure management regulations that will phase in restrictions on the over-application of poultry manure to Eastern Shore farm fields already saturated with phosphorus from manure.  The new rules will offer farmers flexibility, but have a firm deadline of 2024.  Runoff of manure from the state’s 300 million chickens contributes to fish-killing dead zones in the Bay.

The bridge-building between liberals and conservatives was helped in part by Hogan’s new Secretary of Agriculture, Joe Bartenfelder, who is both a farmer and a Democrat.  Bartenfelder is a former Democratic state delegate who once led Baltimore County’s delegation in the Maryland House.

“This is team Maryland, and we’re all working as one, whether you are D’s or R’s, it doesn’t make any difference,” said Bartenfelder. “We are just here to get a job done for the people. That’s the way it should be here.  And maybe that’s an example they can start to follow in Washington.”

One of his partners in reaching the deal – leading the charge, on the other side of the debate – was  State Senator Paul Pinsky, a staunch environmentalist and Democrat from Prince George’s County.  Pinsky praised Hogan for being more pragmatic as governor than his fire-breathing anti-regulatory rhetoric in the campaign would have suggested.

 “I do think he’s not taking an antagonistic approach – it’s my way or the highway, which I appreciate,” Pinsky said of Hogan. “His views are somewhat different than mine, but he did make an effort. He did support the effort from the environmental community, and from the farm bureau, and gave us room to try to make a compromise, and then he went with us.  He didn’t want to fight us. It seems he understands that the environment is important, either because he believes it or because of political reasons. I hope it’s the former. So I’m very pleased.”

To put pressure on the Hogan administration, Pinsky introduced a bill that would have required manure application restrictions with a firm deadline of 2022.  An amended version of Pinsky’s bill was approved by the senate’s Education, Health and Environmental Affairs Committee by a 7-4 vote. But then Pinksy said he dropped his bill last week, in part because the Hogan administration agreed to a compromise, and in part because Pinksy worried his bill might not pass because of opposition from other Democratic leaders, including state Senator Thomas “Mac” Middleton, a farmer.

In the deal that Pinsky helped to negotiate, the Hogan administration revised poultry manure management regulations that it issued last month. Hogan eliminated a loophole that could have meant endless delays before some farmers faced limits on how much manure they could apply to Eastern Shore fields that are already saturated with phosphorus.

To give farmers more flexibility, Hogan’s updated regulations incorporate a deadline similar to Pinksy’s bill, but also allow two potential one-year delays in case more time is needed. A committee made up of environmentalists, farmers, and others will advise the Maryland Department of Agriculture on whether the one-year delays are necessary for the construction of waste-to-energy plants, manure compositing facilities or other systems to dispose of an estimated 200,000 tons of excess poultry manure that can no longer be applied to fields.

Karla Raettig, Executive Director of the Maryland League of Conservation Voters, said she is happy the governor was open to negotiations.  “We were very pleased that he decided to compromise on his proposed regulations,” said Raettig, who is also co-chair of the Maryland Clean Agriculture Coalition. “His initial proposal for regulations had a loophole in it that meant we had no confidence that the phosphorus management tool would ever actually be implemented.  And so we were very happy that he came to the table and closed that loophole.”

Eastern Shore poultry farmer Charles Wright said farmers are willing to step up to the challenge and comply with the new regulations to help the Bay.

“If we’re here to help the environment, let’s do it,” Wright said. “If we’re here to help the state, let’s do it.  I’m not into politics.” 

The regulations, which will start to take effect later this year, are only a small step forward in cleaning up the Chesapeake Bay.  But the cooperative attitude of all parties involved could mark a new day.

Tom Pelton, a national award-winning environmental journalist, has hosted "The Environment in Focus" since 2007. He also works as director of communications for the Environmental Integrity Project, a non-profit organization dedicated to holding polluters and governments accountable to protect public health. From 1997 until 2008, he was a journalist for The Baltimore Sun, where he was twice named one of the best environmental reporters in America by the Society of Environmental Journalists.