By Grace Hussain for Sentient.
Broadcast version by Nadia Ramlagan for Kentucky News Connection reporting for the Sentient-Public News Service Collaboration

Kentucky is one of the latest states to take aim at undercover investigations of factory farms. Passed after a legislative override of Governor Beshear's veto on April 12, Senate Bill 16 prevents unauthorized filming, pictures or audio recording of food processing plants and meat and dairy operations. The law targets small and large producers - including Tyson Foods, whose lobbyist helped draft the bill. But SB16 is also unique from past ag-gag legislation, as the bill's proponents sought to ban use of drones for investigations.

Historically, ag-gag laws are bills that make it illegal to film inside factory farms and slaughterhouses without the owner's permission. The new Kentucky measure fits that description, but also includes the anti-drone component, and a prohibition on recording any "part, procedure or action" of a factory farm or food processing plant. Critics of the law say its broad language makes it vulnerable to a First Amendment challenge in court, which was the fate for ag gag laws passed in Kansas and Idaho.

Drones Under the Law

Commercial drone pilots are subject to the Federal Aviation Administration's oversight. This includes regulations that set federal no-fly zones, limits on how high they can fly, identification standards and permitting requirements. Earlier this year, the federal agency took steps to beef up drone governance by implementing a rule referred to as Remote ID, which requires that drones be remotely identifiable using long range monitors. There are only a handful of areas in which the ID is not necessary - most run by drone schools.

However, there are rules and then there is reality. "Drone laws are really hard to enforce," Kentucky-based commercial drone pilot Andrew Peckat, tells Sentient. That's especially true in rural areas where many industrial meat and dairy operations are located. "I imagine these facilities are in the middle of nowhere, and there's not going to be any flight restriction zones around them." Peckat sees regulations of drones as largely unenforceable. "I'm not going to have to apply for any permits," Peckat says, adding, "There's probably...going to be no way to figure out" who's taking the drone footage.

Critics Call Out Unintended Consequences

Opponents of the legislation argue that the language of Kentucky's SB16 is overly vague, which suggests that it could end up doing even more to shield the meat and dairy industry from the public eye. "I do think this is just so much broader than a typical Ag Gag bill," says Ashley Wilmes, who leads Kentucky Resources Council, a nonprofit aimed at conserving the state's natural resources.

According to Wilmes, the legislation leaves many unanswered questions, and that lack of clarity could discourage potential whistleblowers from coming forward. Wilmes isn't just concerned about undercover investigations either. If allowed to stand, the law could have implications for some of Kentucky Resources Council's current legal aid clients who want to monitor pollution. "We have clients that care considerably about water quality," she explains, some of whom live next to food processing facilities or factory farms, and have reached out to Wilmes for guidance about what they can and can't do under the new rule. "What if they see something, and they're documenting it from their own property?" she asks. The law is written so broadly, she says, that it's possible to conclude "that's now a crime," Wilmes says.

Tyson Behind the Push for the Legislation

Kentucky's ag gag legislation was sponsored by Senators John Schickel (R), Rick Girdler (R), Brandon Storm (R) and Robin Webb (D). During testimony before the agriculture committee, Senator Schickel revealed the bill was originally drafted by Steve Butts, who appeared to then hold the title of Senior Manager of Security at Tyson. Throughout the bill's progress through the legislature, lobbyist Ronald J. Pryor - who counts Tyson Foods and the Kentucky Poultry Federation among his clients - worked to get the law passed.

In a hearing before the state senate's agriculture committee, Graham Hall, a government affairs manager with Tyson Foods, testified that drones pose a threat to agricultural operations, citing incidents in North Carolina where a drone landed on a truck containing livestock. But there were no such incidents in Kentucky presented as evidence, though the multinational corporation did open a $355 million pork processing facility in the state in January.

Kentucky's Governor Beshear vetoed the measure, writing that "the bill diminishes transparency" in a statement accompanying his decision. With an overwhelming majority in both chambers however, state lawmakers overrode the governor's veto. Now the bill is poised to become law in mid-July of this year - 90 days after the conclusion of the legislative session.

One potential hitch could be a legal challenge however, as Kentucky Resource Council is in talks with other organizations to consider filing a lawsuit to strike down SB-16 for violating the First Amendment.

If successful, the lawsuit would force Kentucky's ag gag law to follow in the footsteps of so many ag gag laws passed before it in other states. One of the most recent decisions, in North Carolina, struck down a similar law, as lawmakers there sought to ban undercover investigations, but ultimately failed.


Grace Hussain wrote this article for Sentient.


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On Tuesday, 20 Colorado officials sent a letter to the state's congressional delegation protesting six cuts to public lands management in the new tax and spending bill signed into law by President Donald Trump.

John Clark, mayor of Ridgway, said the elimination of river and climate data programs, which are essential to managing the Colorado River Basin and forecasting drought, will put additional burdens on food producers.

"If our farmers and ranchers don't have accurate data about exactly what the situation is with the snow pack and what's happening with the climate, how can they be prepared for each growing season?" Clark asked.

Five active wildfires have burned more than 22,000 acres on Colorado's Western Slope. The letter urged state representatives to reject any additional cuts to the U.S. Forest Service's Community Wildfire Defense Grant Program or other mitigation efforts. Republicans have argued cutting the size of government is necessary to eliminate waste, fraud and expenditures they claim are unsustainable.

Officials are also calling out a provision in the new law they believe undermines local decision-making by forcing oil and gas leasing on public lands. In addition, the law creates new barriers for clean energy leases on public lands, a move Clark worries will lead to the loss of good-paying jobs.

"If we discourage clean energy on public lands, that's going to severely impact our alternative energy workforce," Clark pointed out. "If we can't do wind and solar on public lands, it disincentivizes clean energy all across the state."

Officials are also asking members of Congress to fully fund the National Park Service to ensure proper staffing and maintenance. Clark argued standing up for lands owned by all Americans is essential to preserving Colorado's iconic natural landscapes and rural economies.

"Our economy is hugely dependent on people coming in to visit us and eat at our restaurants and experience these beautiful outdoor environments," Clark emphasized.


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A Wisconsin nonprofit is working with farmers in Southeast Wisconsin to educate communities about the importance of agroforestry, with plans to establish its first urban site in Milwaukee.

The Michael Fields Agricultural Institute has planted more than 400 trees across three sites this year, in partnership with the Savannah Institute. The sites include a community garden and two farms.

Iris Lee, owner of Lee Hemp Farms in Burlington, said agroforestry collaboration is breathing life back into her nearly 50-year-old organic family farm.

"You plant and design things that go together," Lee explained. "That will help not only humans but the animals and nature and bugs."

Agroforestry integrates trees, shrubs and perennial plants into crop and livestock systems. Lee noted one of the project's goals is to raise awareness of the practices and their larger connection to food systems, climate change and communities. The sites will also be used for educational demonstrations.

Community members and project participants helped Lee plant a trail of more than 100 trees in April, from hazelnut and elderberry, to Juneberry and pawpaw trees. They have already grown two to three feet, and she anticipates the berry trees will yield results first. Lee added she even loves talking to her trees and emphasized the physical and mental health benefits of agroforestry.

"Growing something is therapeutic," Lee observed. "To be one with nature -- meaning you know where things come from that you put in your body -- anybody that is concerned about the food and their health, to grow something is to build upon a better human being."

Nolan Burkard, research technician for the nonprofit Michael Fields Agricultural Institute, said diversifying food systems in this way is a growing area of interest for small farmers. Through agroforestry, they can also improve soil health and local climate resilience.

Burkard emphasized it requires long-term investment to get there.

"It takes quite a while for trees to grow up and start fruiting or provide their benefit," Burkard acknowledged. "That's why this project is so important because it is such an investment to plant trees."

Burkard added the institute is accepting applications until July 26 for an urban site in Milwaukee. The selected site will receive $15,000 and planning support to aid in designing it.

Despite the elimination of a handful of alternative energy tax incentives in the new federal budget, Iowa corn farmers will benefit from one that was extended.

Tax breaks and rebates encouraging investment in solar and wind power in Iowa were eliminated in the federal spending plan. However, the Trump administration extended an incentive enabling farmers in Iowa to produce more corn. The Hawkeye State is the nation's top corn producer, much of which is used to produce ethanol.

Chris Bliley, senior vice president of regulatory affairs for the biofuel trade organization Growth Energy, said grain-based fuels burn cleaner and are more environmentally friendly.

"The credit actually goes for production of lower carbon fuels that are used for transportation," Bliley explained. "It includes on-road fuels as well as sustainable aviation fuel. And so, the lower in carbon, the higher the credit."

The Trump administration has made efforts to extract more fossil fuels, which it said will move the U.S. toward energy independence.

Lawmakers in Iowa and neighboring Midwest states have introduced their own tax incentives for biodegradable jet fuel, which Bliley noted will create economic benefits for ag producers.

"To remain competitive, plants in Iowa and Nebraska and throughout the Midwest are investing in some of these key projects to lower their carbon intensity," Bliley observed.

The commercial airline industry is aiming for net-zero carbon emissions by 2050, according to the International Air Transport Association, which could continue to benefit Iowa farmers who provide corn for ethanol production.


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