Boise, ID – A Twin Falls, Idaho dairy farmer has been sentenced for illegally discharging wastewater into a local waterway, a case highlighting ongoing federal efforts to regulate pollution from Concentrated Animal Feeding Operations (CAFOs). Mike Vierstra, 53, was sentenced on August 3, 2011, to sixty days incarceration, three years of probation, and ordered to pay a $12,000 federal fine after being found guilty of violating the Clean Water Act (CWA).
The case stemmed from multiple complaints received in 2009 regarding discharges of animal waste into the Low Line Canal. An investigation by the Idaho Department of Agriculture and the Environmental Protection Agency (EPA) traced the pollution upstream to Vierstra Dairy, a 1,200-animal CAFO. Inspectors discovered an open pipe on the dairy property was the source of the unpermitted discharge. While Vierstra claimed a third party had removed a cap from the pipe, the jury found him negligent in failing to address the issue after being alerted to it by both a neighbor and the Twin Falls Canal Company the day prior to the inspection.
History of Non-Compliance
Federal prosecutors emphasized Vierstra’s history of environmental violations during sentencing. U.S. Magistrate Judge Ronald E. Bush noted a “lengthy pattern of not complying with environmental regulations.” The EPA and the Idaho Department of Agriculture confirmed Vierstra Dairy had previously been subject to administrative penalties and fines for similar waste discharge issues. This pattern of disregard for environmental regulations played a significant role in the severity of the sentence.
Federal Enforcement Initiative
The prosecution of Vierstra was part of the EPA’s National Enforcement Initiative focused on “Preventing Animal Waste From Contaminating Surface and Ground Waters” from CAFOs. Tyler Amon, Special Agent in Charge of EPA’s Criminal Investigation Division in Seattle, stated the conviction and sentencing demonstrate that “there are profound consequences for polluting our nation’s waters.” The EPA has been increasingly focused on enforcing environmental regulations within the agricultural sector, recognizing the potential for significant environmental damage from large-scale animal operations.
Legal Ramifications
Vierstra was initially charged on August 13, 2010, with three counts of violating the Clean Water Act (33 U.S.C. § 1311(a)). The jury found him guilty on one count of negligent misdemeanor violation of the CWA, specifically the negligent discharge of pollutants without a permit. While acquitted on two of the three original charges, the conviction carried a maximum sentence of one year in prison, a $100,000 fine, and one year of supervised release. Ultimately, Judge Bush imposed a 60-day jail sentence, a $12,000 fine, and 36 months of probation.
Looking Ahead
U.S. Attorney Wendy J. Olson underscored the importance of vigilance in protecting waterways. “Today’s sentence—including a period of imprisonment—serves as a strong message to dairy operators and others whose businesses adjoin waterways that they must be vigilant in their disposal methods,” Olson said. The case serves as a warning to other CAFO operators that failure to comply with environmental regulations will result in prosecution and potentially significant penalties.
Key Facts
- Defendant: Mike Vierstra
- Crime: Negligent discharge of pollutants into waters of the United States without a permit (Clean Water Act violation)
- Location: Twin Falls, Idaho
- Year: 2011
- Statute Violated: 33 U.S.C. § 1311(a)
- Penalty: 60 days incarceration, $12,000 fine, 36 months probation
- Operation Type: Concentrated Animal Feeding Operation (CAFO) with approximately 1,200 animals
- Waterway Affected: Low Line Canal
Source: EPA ECHO Enforcement Case Database
Related Federal Cases
- Mike Vierstra, Clean Water Act Violation, ID 2011 · Washington
- Richard W. Brown, Clean Water Act Violation, ID 2007 · Washington
- Charlie Lynn Moses, Clean Water Act Violation, ID 2006 · Washington
- Abner James Schultz, Clean Water Act Violation, ID 2008 · Washington
- John Fred Shaw, Clean Water Act Violation, ID 2010 · Montana
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