Elmwood, IL---SB 2333 is an industry led initiative that would amend the Environmental Protection Act and would prohibit anonymous citizen complaints against farming operations including confined animal feeding operations (CAFOs) in Illinois. If the bill is enacted, all citizens who lodge a complaint would have to provide personal information to the EPA before any pollution claim would be investigated.

"SB 2333 is an attempt to inhibit the process of IEPA monitoring of CAFOs in the state of Illinois." said Karen Hudson, President of Families Against Rural Messes. "Our present system is a complaint driven process and IEPA depends on input from the general public for investigating possible pollution violations. Any new rule that would slow down or inhibit this process would be dangerous to public health and the environment in Illinois."

"Senate Bill 2333 is misguided." said Fred Roth, an attorney from Naperville, Illinois who has represented numerous citizens in the state in Illinois regarding the CAFO issue. "Since 1999, clients of mine and I have made several requests under FOIA for copies of complaints filed against hog factories in the State of Illinois. In all instances the copies of complaints received have always included names which have been redacted for confidentiality. Also, I find it very difficult to believe that there is any hard evidence to support the assertions by the Illinois Farm Bureau that anonymous complaints made to the EPA have delayed or stopped the actual siting of CAFOs in Illinois," stated Roth." In fact, it is the Illinois Department of Agriculture, not EPA that does the siting of CAFOs in Illinois.

Recently a hog factory in DeKalb County, Illinois was stopped by a trial court and affirmed on appeal based on the determination that it would create a nuisance before it was built. "Complaints made before CAFOs are operational is a well recognized legal concept in Illinois and is not frivolous." stated Roth. "Presently in three cases pending against hog factories in Clay, Lee and Rock Island Counties, over 150 neighbors have been more than willing to place their names on nuisance lawsuit complaints." I find it hard to believe that "20% of complaints are anonymous," as stated in a press release by Illinois Republican Senator Dale Reisinger, who is in support of the bill. "However, given the stories of harassment I have heard more recently from neighbors who oppose sitings, perhaps the intimidation tactics of the industry are having an impact." stated Roth. "In regard to the 'confidentiality' issue, perhaps the sponsors of SB 2333 should be advised that the Illinois EPA provided a copy of an FOIA request from a Chicago Tribune reporter to a Board Member of Illinois Farm Bureau for consultation as to how the EPA should respond." stated Roth. "The name of the reporter was not redacted and it concerned a hog operator with numerous complaints and legal actions instituted by and against the EPA regarding one of the largest fish kills in Illinois history resulting from a hog factory lagoon spill." "There is absolutely no need to add some special rules which may inhibit reporting of possible environmental regulations for the very industry which is widely recognized as one of this country's largest polluters. Hog factories, in particular, are capable of causing real environmental problems." stated Roth.

"This bill is a blatant attack on an individual's constitutional right of privacy and freedom of speech and undermines the enforcement component of the Environmental Protection Act by chilling those who would report evidence of possible violations but fear retaliation." stated Jane Kuck, board member of Families Against Rural Messes. "More, not less reporting is needed to connect the dots." added Roth.

The hearing for the bill is scheduled for Feb. 8, 2006. The bill has been introduced by Senator Frank Watson and Senator John Jones. Sponsors of the bill include Senator Dale Risinger, Senator Dan Rutherford, Senator David Luechtefeld, and Senator John Jones.