PennAg, Farm Bureau Defend Corbett’s ACRE Record

Candidate Morganelli Criticizes Attorney General Over Sludge Issue

Staff Reports
PennAg Industries Association and Pennsylvania Farm Bureau took issue last week with remarks made by an opponent of Pennsylvania Attorney General Tom Corbett regarding Corbett’s record of defending farmers against township ordinances deemed illegal by the state.

John Morganelli, from Northampton County and a Democratic candidate for Pennsylvania attorney general, made the remarks in Lancaster and York counties, focusing on the issue of land application of biosolids, or sludge, on farmland.

“I am here today to condemn Attorney General Tom Corbett’s blatant use of the power of the government to intimidate ordinary people who want a safe environment in which to live, and his use of public resources to fight on behalf of corporate interests against our citizens,” Morganelli said, as recorded in a July 15 press release.

Pennsylvania Farm Bureau (PFB) noted that Morganelli implied he would ignore existing state law that prohibits townships from restricting use of biosolids on farmland, which is allowed if the material meets stringent rules and testing by the state Department of Environmental Protection.

At the center of the issue is the Agricultural, Communities and Rural Environment Act (ACRE), enacted in 2005 as Act 38. The law empowers the attorney general to take action against municipalities that implement ordinances deemed illegal by the state. Corbett has successfully challenged a number of townships under the provisions of the law, though most of these have not involved biosolids.

“We believe that Mr. Morganelli’s comments are not only misleading, but blatantly false,” said Christian Herr, PennAg Industries Association executive vice president, in a statement. “To date there is only one ordinance under review that even deals with biosolids. The Office of the Attorney General is prudently determining which cases go under review.”

Herr noted that Corbett has denied more requests under ACRE than he has accepted.

According to PennAg, Corbett and his staff “have acted conscientiously to responsibly protect the livelihood of family farms” in Pennsylvania.

But Morganelli called ACRE a “discretionary” law that is being used “in support of corporate sludge haulers...

“Not only is this not necessary, but in my opinion, it is an irresponsible use of public resources on behalf of private big corporations,” he said.

If elected, Morganelli said one of his first acts would be to withdraw the Office of the Attorney General from participation in sludge lawsuits.

“There is a lot of uncertainty when it comes to the health effects of sludge use, and citizens acting through their local governments have a right to protect their communities,” he said.

PFB Governmental Affairs Counsel John Bell subscribes to another view.

“The duty of the office of attorney general is to enforce the state law even though it may lead to an outcome that some dislike, such as land application of biosolids,” Bell said. “The attorney general should not make policy decisions in choosing which state laws he will or will not enforce. Decisions on allowing the use of biosolids, for example, rest with the governor and General Assembly, not the attorney general.”

PFB said that Corbett is taking proper action to enforce existing law by challenging a biosolids ordinance in East Brunswick Township, Schuylkill County.

“A formal process was established by the ACRE law for the attorney general to legally review a local ordinance upon request of a farmer,” Bell said. “The attorney general must first determine that an ordinance restricting a farming practice is illegal before he would take further action against a township. As a common practice, township officials are given ample opportunity to meet with the attorney general’s office and provide evidence that their ordinance is legal before any formal challenge of the ordinance is filed.”

According to PFB President Carl Shaffer, ACRE has significantly reduced conflicts in the countryside.

“Pennsylvania’s farm families would be alarmed if candidate Morganelli is suggesting the attorney general should disregard his authority under ACRE to challenge illegal ordinances against agriculture,” Shaffer said.