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Hawai‘i’s Only Commercial Dairy Farm Faces Legal Threat Over Alleged Waterway Pollution

USA 18.09.2024
Source: DairyNews.today
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Hawaiʻi’s sole commercial dairy farm, Cloverleaf Dairy, is facing a potential lawsuit filed by the Center for Food Safety, a national nonprofit organization. The farm, located on the Big Island and owned by Boteilho Hawai‘i Enterprises, has been accused of illegally discharging milk and manure into local waterways, ultimately affecting the Pacific Ocean.
Hawai‘i’s Only Commercial Dairy Farm Faces Legal Threat Over Alleged Waterway Pollution
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The nonprofit, through the law offices of Charles Tebbutt, sent a letter on August 9, announcing its intent to initiate legal action in the Hawai‘i Federal District Court. The lawsuit targets Cloverleaf Dairy, as well as Meadow Gold Dairies and its president, Bahman Sadeghi, who is also a primary shareholder of Boteilho Hawai‘i Enterprises.

According to the letter, the dairy farm has allegedly violated the Clean Water Act and Resource Conservation and Recovery Act by polluting streams, groundwater, and ocean waters. The accusations include the improper disposal of liquid and solid animal waste, milk waste, chemicals, and deceased cows. The potential lawsuit also names Meadow Gold Dairies, which sources milk from Cloverleaf Dairy.

Sadeghi, however, disputes the claims, stating that the allegations are false. "We’ve never discharged into waterways," he asserted, explaining that the farm adheres to strict operational standards. Sadeghi acknowledged that product rejection occurs three to four times annually when the farm’s 5,000-gallon tanker holding milk fails to meet quality standards. Nevertheless, he emphasized that the farm does not engage in routine discharge of milk or manure into the environment.

Cloverleaf Dairy, a 900-acre farm located 50 miles north of Kona, has been in operation since 1962. Currently, it houses 350 milking cows and an additional 500 calves, heifers, and dry cows on nearby parcels. Producing 2,000 gallons of milk daily, Cloverleaf Dairy remains the only commercial dairy in Hawaiʻi, as confirmed by the state’s Department of Agriculture.

The letter from Tebbutt’s office details allegations of pollution dating back to at least 2019. If found in violation, Cloverleaf Dairy, Meadow Gold, and the other parties involved could face penalties of up to $66,712 per day, per violation.

Sadeghi also owns an adjacent 450-acre parcel that supports the dairy’s operations. In response to the letter, he emphasized that the farm uses both a lined lagoon and an earthen lagoon for managing manure discharge. According to Sadeghi, any solid waste is first processed through settling cells before being transferred to the lagoons.

The legal dispute may center on whether Cloverleaf Dairy is required to obtain a National Pollutant Discharge Elimination System (NPDES) permit, which the letter claims the farm lacks. Sadeghi argues that the farm is not classified as a confined animal feeding operation (CAFO), and therefore is not required to hold such a permit.

Both parties have a 60-day period to address the concerns outlined in the letter, but Tebbutt remains skeptical of the farm's ability to comply within that timeframe. "The problems they need to fix are probably more than they can do in 60 days," Tebbutt remarked, adding that resolving the issues will require substantial effort.

The Center for Food Safety, which is based in Washington, D.C. with offices in California and Oregon, advocates for sustainable farming practices and environmental protection. The letter sent to Cloverleaf Dairy includes photographs purportedly showing milk waste in pastureland and dead cows in open fields. Sadeghi has contested these images, suggesting that they may have been taken during an isolated moment and do not reflect standard practices.

With Meadow Gold having already responded to the letter, the situation remains under legal review as both parties prepare for potential litigation in the coming months.

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