The Vermont Natural Resources Council and the Conservation Law Foundation (CLF) have notified Vorsteveld, LLP, a large Concentrated Animal Feeding Operation (CAFO) in Panton, Vermont, of their intent to sue for federal Clean Water Act violations. 

What VNRC and CLF know is that the farm  is violating the Clean Water Act by dumping pollutants into Vermont waterways that feed into Lake Champlain. This pollution is happening via numerous pipes that pour toxic pesticides directly into tributaries without a permit. Testing found multiple harmful pollutants – including atrazine, metolachlor, and clothianidin (a neonicotinoid) – draining from this site.

The notice that was sent today is the first step in VNRC and CLF’s efforts to hold the farm accountable for polluting our waters with toxic chemicals from its operation at levels that far exceed state and federal safety standards. What’s important to understand is that the farm does not have the right to discharge harmful pollution to Vermont’s water under the Clean Water Act.  

VNRC and CLF believe that it’s important to know about the types of toxic pesticides and chemicals being pumped into Vermont’s waterways, so here’s a breakdown of some of the harmful chemicals that have been found spewing from the Vorsteveld pipes: 

• Atrazine, a hormone-disrupting herbicide that was banned in Europe in 2004 and has been linked to birth defects, cancers, and other health risks. 
• Metolachlor, another herbicide also banned in Europe and classified as a possible human carcinogen. 
• Clothianidin, a strong insecticide that wipes out the mayflies, caddisflies, and midges that food webs, clean water, and fisheries rely on. 

VNRC and CLF believe that no one should be allowed to pollute Vermont’s waterways at these exceptionally high levels. We also know that Vermont’s dairy farms are an important part of our state and regional economy, and that the agricultural community cares deeply about our environment and the health of our waters. Here in Vermont, we have a collective dedication to the stewardship of the health of our landscapes and our communities. 

Here is what to expect from this action in the next few months: 

Following the October 16 Notice of Intent, Vorsteveld has 60 days to respond before litigation proceeds. 

During the next 60 days, multiple outcomes are possible:

• Vorsteveld can voluntarily choose to take action to clean up its operations and cease its excessive pollution of Vermont’s waterways. 
• Vermont’s Agency of Natural Resources could work with the farm to secure the right permit, which would result in drawing down the farm’s pollution over time. 
• CLF and VNRC will be available to discuss potential remedies and actions for Vorsteveld’s violations to avoid litigation and help the operation come under federal law compliance. 

For more information and litigation updates, continue to visit Vermont Natural Resources Council and Conservation Law Foundation.