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WASHINGTON---The Humane Society of the United States, the nation's largest animal protection organization, has expanded its ongoing lawsuit against Hudson Valley Foie Gras located near Ferndale, NY, for violations of the federal Clean Water Act.
The move comes in response to the State of New York's decision to take enforcement action against Hudson Valley Foie Gras, based on violations identified in HSUS' lawsuit, as well as violations that the state recently discovered. The new violations include the discharge of manure-related pollutants and the installation of an unauthorized manure cesspool at the facility.
Although the facility faced penalties of up to $37,500 per violation under state law, the state fined the facility only $30,000, less than one-tenth of one percent of the available penalties for the more than 800 violations identified in the enforcement order.
Less than a year ago, New York granted the facility more than $400,000 in taxpayer funds to expand its forced-feeding operations, and subsequently defended that decision by claiming that the factory farm is in compliance with all applicable federal and state laws.
"We applaud the state for finally recognizing that this facility is violating water pollution laws," said Jonathan Lovvorn, vice president of Animal Protection Litigation for The HSUS. "But the decision to settle 800 violations for less than $50 apiece is inexcusable, as is the state's continued funding of this illegal operation."
Last week, Judge Stephen C. Robinson of the federal court in White Plains granted The HSUS permission to amend its suit to ensure appropriate penalties are assessed in the case, and to include the new legal violations identified by the state. A copy of the amended complaint is available upon request by contacting www.hsus.org
Hudson Valley Foie Gras raises and slaughters ducks to produce the controversial French "delicacy" foie gras. Birds are force-fed an unnatural amount of food through a pipe thrust down their throats until their livers expand to ten or more times their natural size. This process not only results in extreme suffering for the birds, it also produces a significant amount of waste, including manure and slaughter waste.
In the New York State Assembly and Senate, two bills are being introduced by Assemblymember Benjamin and Senator Padavan that would outlaw force-feeding a bird to produce a fatty liver.
More than 15 countries, California and Chicago have legislated against the cruelty inherent in foie gras production. Even the Pope has condemned it, according to HSUS.
HSUS filed a lawsuit in the Southern District Court of New York in September 2006, seeking to halt Hudson Valley Foie Gras's alleged illegal discharges and require the facility to pay hundreds of thousands of dollars to the state in penalties for its past violations.
HSUS charged that the factory allegedly discharges pollution into the Middle Mongaup River, a tributary to the Delaware River, which is popular for recreation and provides vital aquatic habitat for fish, waterfowl, and amphibians, as well as a nesting and forage area for the American Bald Eagle. HSUS said that pollution released by the foie gras factory has at times reached levels that are 300% of what is permitted under state and federal law, said Erin Williams of HSUS. Documented discharges from the factory farm include pollutants such as phosphorus, fecal coliform and chlorine. Chlorine is highly toxic to aquatic life even at small doses, and fecal coliform is associated with illness-causing bacteria. The company also frequently failed to report how much pollution it discharges, as required by its Clean Water Act permit.
For more information, visit The HSUS' website: (http://www.hsus.org/farm/camp/ffa/foie_gras.html) on foie gras production.
3-06-07
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© 2007 North
Country Gazette
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