Battle for Lake Erie includes debate over manure-based phosphorus concentration

8/31/2020
BY TOM HENRY / THE BLADE

A major agronomic debate is being played out in Columbus now, which has potentially large ramifications for western Lake Erie and goes beyond simply looking at the staggering volumes of liquid and solid excrement produced by northwest Ohio cows, hogs, and chickens.

It focuses on the minutia of agricultural science, right down to the parts per million of phosphorus applied to soil in the form of manure.

One of the many groups raising questions is the Lake Erie Foundation, a consortium of Lake Erie-area business and environmental interests. That group and others, including Lake Erie Waterkeeper, want manure-based phosphorus applications dialed down to roughly the same concentration as commercially made, synthetic fertilizers, which is about 40 to 50 parts per million. Manure has for years been applied on northwest Ohio crop farms at much higher concentrations, usually 150 ppm. Some critics, though, claim the application rate has, in reality, gotten as high as 200 ppm to 250 ppm.

From information gathered in a public records request, the foundation believes the state of Ohio has rejected a recommendation from an independent consultant, McKinsey & Co., to promote 50 ppm as a limit for manure, even though Dorothy Pelanda, Ohio Department of Agriculture director, showed support for that in 2019. The firm was paid $1.5 million to provide advice to the DeWine administration for its H2Ohio program, which aims to improve water quality statewide through better farming techniques, more and improved wetlands, better pipelines, and other measures. Continue reading

Ohio Agricultural Law Blog — The Legal Challenges to the Lake Erie Bill of Rights Begin

Written by Evin Bachelor, Law Fellow, OSU Extension Agricultural & Resource Law Program

Toledo’s Lake Erie Bill of Rights (LEBOR) has been in the headlines a lot lately, and certainly on the minds of farmers in the Lake Erie watershed.  So far, the Ag Law Blog has focused attention on what LEBOR is, why it was on the ballot, and what types of defenses agricultural producers can raise if sued.  Because voters approved the ballot measure, the focus now shifts to how LEBOR will be treated in the courts. Continue reading