Midwest Environmental Advocates, Friends of Milwaukee's Rivers and Family Farm Defenders have joined the more than 70 groups from 27 states objecting to a proposal by the Environmental Protection Agency that would exempt factory farms from reporting emissions of toxic gases from animal waste.

The public interest law firm Earthjustice submitted formal comments today on behalf of the groups, which include family farmers and environmental advocates, saying the proposal will harm the people living and working near these operations. Today was the deadline for public comment on the proposed rule change, which was quietly unveiled in the week between Christmas and New Year's Day.

Under the proposed rule change, large chicken production facilities, hog confinements and cattle feeding operations would no longer have to report hazardous releases of ammonia, hydrogen sulfide and other toxic gases. Anyone driving past knows there's a lot of that stuff being released.

EPA proposed the rule change after pressure from agriculture industry lobbyists -- despite findings by its own scientists that toxic gases from factory farms can pose serious health risks, including respiratory illness, lung inflammation and increasing vulnerability to asthma. Sudden exposure can also be fatal; one study found that 19 workers at factory farms in Iowa were killed from hydrogen sulfide released during manure agitation.

"This is the EPA equivalent of burying its head in the sand when it comes to toxic air emissions," said Jamie Saul, Staff Attorney with Midwest Environmental Advocates.

The rule change would drop reporting requirements for hazardous air releases from big animal-feeding operations such as the proposed 7,000-head Rosendale Dairy in Fond du Lac County, which is attempting to locate near the Town of Rosendale despite significant community protest. If opened, the Rosendale Dairy would be Wisconsin's largest.

It's Kessler vs. Schudson, Again: Looks like it will be Charles Schudson versus a Kessler again. This time it's state Rep. Fred Kessler. Kessler's wife Joan defeated Schudson in a contentious Appeals Court race in 2004. Now Kessler is firing a preemptive strike, stealing some of Schudson's thunder, filing a complaint with the state Office of Lawyer Regulation about Schudson's complaints.

"Schudson has repeatedly complained to every imaginable regulatory body about the campaign," says Kessler. "It is very hard to lose an election. I understand because I have lost several times. I have found that after you lose an election you have to move on to other opportunities in your life."

Police and Parents: Milwaukee's parental responsibility ordinance isn't exactly ringing up the registers of law enforcement. Since July 2007, only 97 tickets were handed out to supposed bad parents.

"There have been some growing pains but I think we've gotten over that hurdle," Deputy Inspector Mary Hoerig told a Common Council committee.

This ordinance says police can issue tickets to parent of a juvenile who is convicted of ordinance violations two times within a six-month period or three or more times within a 12-month period. Fines range from $200 to $400.

Reviewing the Review Commission: The city's Homicide Review Commission will get reviewed itself. The commission takes a novel approach to murders in Milwaukee, looking into socio-economic factors as well has the victim's relationship to the perpetrator.

The cost has a few aldermen asking questions, but they gave the commission another $25,000 to have the commission's work reviewed. Who's doing the review? None other than commission director Mallory O'Brien.

"I hope we could evaluate their accomplishments by having fewer homicides," said Ald. Robert Donovan.

Legal Scrutiny: Even though special interest groups spent millions on one side or the other in the state Supreme Court race, a recent survey found that most voters still didn't know who the candidates were. When asked to name a candidate or sitting justice, 69 percent could not name anybody.
Louis Butler was named by 20 percent; Mike Gableman, 13 percent; Shirley Abrahamson, 10 percent; Annette Ziegler, 4 percent; Patrick Crooks, 2 percent; David Prosser, 2 percent; Ann Walsh Bradley, 1 percent; and Patience Roggensack, 1 percent.

More Legal Scrutiny: The state Supreme Court will take up search and seizure issues in the near future. A police officer in Pepin County came upon a car parked on the side of the road and asked its driver, Christopher Pickering, if he needed help.

Upon running a license plate check, the officer discovered the plates on the vehicle did not belong to Pickering's car. When the officer returned to the car, he smelled marijuana and eventually found drug paraphernalia and marijuana.

After arresting Pickering, the officer walked around to the passenger side of the car, where he saw a small eyeglass case on the ground in the vicinity where the passenger, Jordan A. Denk, was standing. Denk conceded the eyeglass case belonged to him and placed the case on the hood of the car at the officer's request. Denk denied owning the contents, which turned out to be a glass "methamphetamine pipe" and "some cleaning tools." The officer arrested Denk and searched him, finding a baggie of marijuana, two marijuana pipes and a baggie containing methamphetamine.

The circuit court denied Denk's motion to suppress the results of the search of his eyeglass case and his person, concluding the officer was justified in his search incident to Pickering's arrest. The circuit court also concluded that Denk had consented to the search of the eyeglass case.

After the circuit court denied the suppression motion, Denk reached a plea agreement and the state agreed to dismiss more serious felony and the two misdemeanor charges. Denk filed a post-conviction motion to withdraw his guilty plea, contending the state could not have legally charged him.

The state argues that searches of drivers should include the area around the car, since suspects can throw contraband out of the car.

Lead in the Way: The Supreme Court will also hear a case that could have implications for 30 other cases currently in the courts. It deals with that sticky issue of what to do about lead paint poisoning cases.

Lower courts have dismissed a contention that big lead paint interests be held responsible for having lead in their paint, saying lead is inherent in paint and manufacturers can't be held liable for defective products. It could reverse a previous decision in which the court said a person could sue lead paint manufacturers even if they didn't make the paint in the first place.

DuPont, one of three defendants in this case, contends the defective design argument is "akin to alleging that a manufacturer of knives should have made spoons instead."

Two-way Street: Downtown's Broadway thoroughfare will finally get two-way traffic between Michigan and Clybourn Streets. The change will "improve circulation," says Ald. Bob Bauman, who noted that property owners say the one-way traffic is an impediment to development.