Methane Digesters and Biogas Recovery - Masking the Environmental Consequences of Industrial Concentrated Livestock Production

I. INTRODUCTION II. METHANE DIGESTERS AND BIOGAS RECOVERY--IN THE SPOTLIGHT A. Digesters Have Received Attention for Their Potential to Mitigate Greenhouse Gas Emissions from Livestock Production Facilities B. How Digesters Work--Their Potential for Environmental Benefits" and Renewable Energy Production C. Critiques of Digesters--Pollution Problems and Applicability Limited to Large CAFO-Style Facilities 1. Digesters Release "Traditional" Air Pollutants 2. Digesters Do Not Address the Large Quantities of Manure Generated by Large Scale Livestock Production 3. Digesters are Expensive to Install and are Typically Only Cost-Effective for Large, CAFO-Scale Facilities III. EVEN BEYOND MANURE-ASSOCIATED METHANE EMISSIONS, INDUSTRIAL LIVESTOCK OPERATIONS ARE MAJOR CONTRIBUTORS TO GREENHOUSE GAS EMISSIONS A. Methane from Manure Accounts for a Relatively Small Portion of Livestock Associated Methane Emissions B. An Analysis of The Livestock Industry's Entire "Chain of Supply" Reveals Enormous Contributions to Greenhouse Gas Emissions 1. Feed Crop Production 2. Land Use Changes Associated with Feed Crop Production Contribute to Greenhouse Gas Emissions 3. The Final Stages--Fossil Fuel Use in Processing, Storing and Transport of Feed and Consumer Products Results in the Release of Greenhouse Gas Emissions C. Subsidies for Digesters Distract from the Broad Range of Greenhouse Gas Emissions Associated with Industrial Livestock Production IV. THE INDUSTRIAL LIVESTOCK INDUSTRY'S CONTRIBUTION TO "TRADITIONAL POLLUTANTS" AND REGULATION UNDER EXISTING ENVIRONMENTAL LAWS A. The Environmental Consequences of Industrial Livestock Production 1. Environmental Consequences of Manure 2. Other Environmental and Health Consequences Stemming from CAFOs B. Traditional Pollution Control Laws-Regulation of CAFOs Should be Secured and Expanded Under the Clean Air Act and Clean Water Act 1. Air Pollution--CAFOs' Contribution to Air Pollution Warrant Regulation Under the Clean Air Act 2. Water Pollution--CAFOs' Contributions to Water Pollution and Contamination Warrant More Stringent Regulation Under the Clean Water Act C. Digesters and Other "Technological Fixes" Can Dovetail with Increased Regulation of CAFOs, but Should Not "Greenwash" CAFOs' Environmental Practices V. CONCLUSION I. INTRODUCTION As climate change becomes a prominent focus in environmental protection policy, the agriculture sector's role in greenhouse gas emissions is gaining attention. It has become clear that agriculture, and livestock production in particular, are major worldwide contributors to greenhouse gas emissions, and government agencies are seeking solutions to deal with these emissions. Methane digesters ("digesters"), alternatively referred to as "dairy digesters" or "anaerobic digesters," are being promoted by the U.S. Environmental Protection Agency ("EPA") and tile U.S. Department of Agriculture ("USDA") as a way to reduce greenhouse gas emissions from intensive livestock and dairy operations; the accompanying biogas recovery systems are promoted as an auspicious source of renewable energy production from such facilities. Digesters, marketed as an alternative waste management technology, ostensibly mitigate methane emissions caused by the high concentration of livestock manure stored on such facilities. They capture the methane that is released as a result of anaerobic bacterial digestion of manure, which can subsequently be burned as an alternative biogas fuel source, potentially providing economic and environmental benefits. …