Joe Smentek is the Director of Public Affairs for Minnesota Soybean. He has a law degree and previously worked as an environmental attorney. He has experience working with both agricultural and environmental groups to find common ground on issues like biodiesel usage, invasive species removal, and pollinator habitat creation. He provides case studies of successful partnerships where considering both groups' missions, goals, and perspectives led to collaborative solutions.
3. • Director of Public Affairs at Minnesota Soybean
– Started in 2013
• Lead Staff on 2 ActionTeams
– Environmental Stewardship
– Advocacy
Joseph L. Smentek, J.D., LL.M
4. • Two Separate Entities that function as one
– Minnesota Soybean Research & Promotion Council
• The Checkoff
– Research
– International Market Development
– Industry
– New Uses
– Minnesota Soybean Growers Association
• Advocacy
• Membership
Minnesota Soybean
5. • City Kid
– Born and Raised in the suburbs of St. Paul
Who is this guy?
7. • Environmental Attorney
– University of St.Thomas, Environmental Studies
– Hamline School of Law, Juris Doctor
– Pace School of Law, LL.M. in Environmental Law
• Graduated Law School in 2002
– Worked forYale University for four years
– Worked as a law clerk for on year
– Worked as an Assistant CountyAttorney for five years
Who is this guy?
11. 1947 – Los Angeles Air Pollution Control District created; first air pollution agency in the US.
1948 – Federal Water Pollution Control Act
1955 – National Air Pollution Control Act
1959 – California Motor Vehicle Pollution Control Board created to test automobile emissions and set standards.
1963 – Clean Air Act (amended in 1965, 1966, 1967, 1969, 1970, 1977, 1990)
1964 – Wilderness Act
1965 – National Emissions Standards Act
1965 – Motor Vehicle Air Pollution Control Act
1965 – Solid Waste Disposal Act
1967 – California Air Resources Board established; set emissions standards predating EPA.
1967 – Air Quality Act (amendment to CAA)
1969 – Federal Coal Mine Health and Safety Act
1969 – National Environmental Policy Act (NEPA)
1970 – Reorganization Plan No. 3 created the Environmental Protection Agency (EPA) by Presidential Executive Order
1970 – Clean Air Act (Extension). Major rewrite of CAA, setting National Ambient Air Quality Standards (NAAQS), New Source Performance Standards (NSPS) Hazardous Air
Pollutant standards, and auto emissions tailpipe standards.
1970 – Williams-SteigerOccupational Safety and Health Act created OSHA and NIOSH
1970 – Lead-Based Paint Poisoning Prevention Act
1970 – Environmental Quality Improvement Act
1972 – Federal Water Pollution Control Amendments of 1972 (P.L. 92-500). Major rewrite.
1972 – Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (amended by Food Quality Protection Act of 1996)
1972 – Marine Protection, Research, and Sanctuaries Act of 1972
1973 – Endangered Species Act
1974 – Safe Drinking Water Act
1975 – Hazardous Materials Transportation Act
1976 – Resource Conservation and Recovery Act (RCRA)
1976 – Toxic Substances Control Act (TSCA)
1977 – Clean Water Act. Amended FWPCA of 1972.
1977 – Surface Mining Control and Reclamation Act
1978 – National Energy Conservation Policy Act
1980 – Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Created the Superfund program.
1980 – Alaska National Interest Lands Conservation Act
1980 – Fish and Wildlife Conservation Act
1982 – Nuclear Waste Policy Act
1986 – Safe Drinking Water Act Amendments of 1986
What have they accomplished?
12. 1986 – Emergency Planning and Community Right-to-Know Act (EPCRKA)
1986 – Superfund Amendments and Reauthorization Act (SARA)
1987 – Water Quality Act. Amended FWPCA of 1972.
1989 – Basel Convention
1989 – Montreal Protocol on ozone-depleting chemicals enters into force.
1990 – Clean Air Act Amendments of 1990. Set new automobile emissions standards, low-sulfur gas, required Best Available Control Technology
(BACT) for toxins, reduction in CFCs.
1990 – Oil Pollution Act of 1990
1991 – Intermodal Surface Transportation Efficiency Act (ISTEA)
1992 – Residential Lead-Based Paint Hazard Reduction Act
1993 – North American Free Trade Agreement Implementation Act
1994 – Executive Order 12898 on Environmental Justice
1996 – Mercury-Containing and Rechargeable Battery Management Act (P.L. 104-19)
1996 – Food Quality Protection Act (amended FIFRA)
1996 – Safe Drinking Water Act Amendments of 1996
1997 - Kyoto Protocol
1998 – Transportation Equity Act for the 21st Century (TEA-21)
2002 – California AB 1493 sets standards for emissions of CO2 and other greenhouse gases from automobiles and light duty trucks.
2002 – Small Business Liability Relief and Brownfields Revitalization Act (amended CERCLA)
2005 – Energy Policy Act of 2005
2005 – Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA)
2007 – Energy Independence and Security Act (EISA)
2016 -- The Frank R. Lautenberg Chemical Safety for the 21st Century Act
What have they accomplished?
13. • Buffers
• Pollinators
• Road Side Mowing
• Nitrate Fertilizer Rule
• Nutrient Reduction Plan
Minnesota
16. Working with Environmental Groups
• Groups are as varied as they are in agriculture.
• Most have dedicated focus.
• Few have detailed knowledge outside of their focus.
– Farm economy
• Many have forgotten why they were created.
– Race to inclusivity
• Justice issues
17. So will you teach us how to work with any group?
21. Biodiesel
• In 2002 MN passed legislation requiring that diesel fuel
sold in Minnesota contain 2% biodiesel.
• Law was implemented on September 29, 2005.
• In 2008 law was passed that called for 5% biodiesel year
round with a schedule to increase biodiesel content in
the summer months from 5 to 10% and then from 5 to
20%.
22. Biodiesel
• Law was passed with support on both sides of the aisle.
• Current law was passed under Governor Pawlenty and
the summer time ramp ups have been enacted and
supported by Governor Dayton and his administration.
• Primary purpose of the law was to boost rural
economies and to help commodity prices.
24. The move to B20
• The B20 mandate now takes effect on May 1, 2018.
• During the last legislative session the biodiesel mandate
came under attack once again.
• Again the American Lung Association of Minnesota was
there to help along with the farm groups.
• However, there was a call from the legislators for wider
support.
27. Divide and Conquer
• Common strategy is to find a “farmer” that does
something one way and use them against other farmers.
• Buffers
– Many “farmers” voiced support for a buffer that was used
as a voice for the arbitrary 50 foot buffer.
• Pollinators
– Many voices in the pollinator debates are those of
commercial beekeepers- agriculture.
28. Biodiesel
• Center for Energy and the Environment
– A clean energy nonprofit that promotes energy efficiency
to strengthen the economy while improving the
environment.
• Wrote letter of support March 25, 2017 to the MN House
committee holding the hearing on the anti-biodiesel
efforts.
29. CEE
• “Simply put, when users burn biodiesel, they are
reducing the amount of greenhouse gasses (GHG)
released into the air.The current use of B10 (10 percent
biodiesel) in the summer and B5 (5 percent) in the winter
is equal to removing the emissions from 128,000
passenger vehicles from Minnesota’s roadways.
According to the American Lung Association of
Minnesota, a move to B20 as a summertime blend
increases that number to nearly 202,000 vehicles
removed from our roadways.”
30. CEE
• “CEE is driven by innovation in the energy sector.
Reducing the carbon intensity of liquid fuels while
maintaining energy density is critically important to
protecting our way of life and the environment.To this
end, the U.S. Environmental Protection Agency
recognizes biodiesel as the first and only advanced
biofuel for its ability to reduce GHG by more than 50
percent compared to that of traditional petroleum
diesel.”
31. CEE
• “Lastly, of particular interest to our organization,
biodiesel is very efficient to produce. CEE focuses on
efficiency because efficiency is fundamentally about
increasing economic productivity. According to the
National Biodiesel Board, a latte takes 26 times more
water to produce than a gallon of biodiesel.That’s a
staggering number, especially for a state committed to
improving water quality standards.”
32. CEE
• Next Steps
• “CEE designs and implements efficiency programs for
utilities, provides low interest financing to businesses
and individuals, conducts original research to identify
tomorrows clean energy strategies, and works with
policy makers to advance energy efficiency in
Minnesota.”
33. How they can help
• CEE conducts energy audits to develop plans for
businesses to reduce energy costs.
– Use of their platform to conduct on farm evaluations
• CEE already working with legislators.
– Use of their relationship for our issues
• Letter written by Joe Sullivan, Manager of Strategic
Relations at CEE.
36. Buckthorn
• Buckthorn
• Common buckthorn (Rhamnus cathartica) was first brought to
Minnesota from Europe in the mid-1800s as a very popular hedging
material. Shortly after its introduction here, it was found to be
quite invasive in natural areas.The nursery industry stopped selling
it, but many buckthorn hedges may still be found in older
neighborhoods throughout Minnesota. (ESPECIALLY MYYARD)
• Glossy buckthorn (Frangula alnus), also from Europe, has been sold
by the nursery trade in three different forms.The cultivar
Columnaris has a narrow and tall form; the cultivars Aspenifolia
have narrow leaves that give them a fern-like texture.This
buckthorn aggressively invades wetlands including acidic bogs,
fens and sedge meadows.
39. Historical answer to Soybean Aphids
• http://iowabuglife.blogspot.com/2013/08/soybean-
aphid-spray-day-complete.html
40. Changing how we look at the issue
• Soybean aphids like buckthorn are an invasive species.
• Many Environmental groups out there interested in the
eradication of invasive species.
• Many questions still unanswered on the cause and effect
of the two species.
41.
42. MN InvasiveTerrestrial Plants and Pests Center
• The center was created by the legislature and has over 4
million dollars allocated to it in each year.
• By partnering with the center we can more effectively
use our checkoff dollars by tapping into their research
dollars to come up with innovative ideas to old
problems.
43.
44. Buckthorn research
• Where are the aphids coming from?
• Small plot buckthorn elimination
• What to do after elimination
• Potential
– More profit through decreased aphid population
– Less pressure from pollinators due to less pest control
46. Pollinators
• Agriculture faces heavy pressure to do something to
help pollinators.
• Faced with this pressure we looked for a partner to help
answer the habitat issue without losing farmland.
47.
48. Reasons to Partner
• They have land in the state ready to put pollinator
habitat in place.
• They have money to put habitat into place.
• They have motivation to work with farm groups
– Farmland is a key component of many of their members
hunting experience.
– U of M research on cropland role in Pheasant population
49. • “It’s fair to say that Minnesota Gov. Mark Dayton
shocked the vast majority of the hundreds of
conservationists, hunters and fishermen who were
gathered at the January 2015 DNR Roundtable when he
stood before them and announced his plans to push for
legislation that would require 50-foot vegetative buffers
around all waterways in the state.The proposal was, in
part, an outgrowth of the 2014 Minnesota Pheasant
Summit in Marshall in the southwestern part of the
state…”
52. Climate change groups
• Want to lower or eliminate fossil fuel use.
– Achieve or eliminate fossil fuels in vehicles with promotion of
those grown here in MN, Ethanol and Biodiesel.
• Want to lower or eliminate power plant emissions.
– Partner on projects that install renewable energy on farm sites
lowering input costs and raising farm profits.
• Want more carbon sequestration.
– Create programs that pay higher rental for less profitable
grounds outside of a federal program.
54. Water Quality
• Want less nutrients in the water.
– Haven’t met a farmer yet hoping his nutrients creat dead
zone rather than yield.
• Want less soil in the water.
– Haven’t met a farmer yet who thought his field would
make a nice barrier island.
• Want less fertilizer and chemicals used.
– Less inputs means more profits.
55. But, you have to see it from my side…
• Need to find a mutual story that works for both.
• Some issues and some groups will never be compatible.
• Avoid the “problem” groups
– Problems equal donations.
– Solutions equals unemployment.
56. Why will they want to help us?
• 1990 – Clean Air Act Amendments of 1990. Set new
automobile emissions standards, low-sulfur gas,
required BestAvailable ControlTechnology (BACT) for
toxins, reduction in CFCs.
• Despite favorable conditions the last major
environmental legislation was passed more than 25
years ago.