By U.S. Senator Deb Fischer

** Click here to download the audio recording of this week’s column**

In 2013, the EPA released the private information of Nebraska livestock owners. The agency did so in response to a Freedom of Information Act request from radical environmental groups, who used this information to harass and bully private individuals. In giving this private information, the agency went well beyond what was legally required.

The EPA made public the precise locations of concentrated animal feeding operations. It released information on the type of animal and number of head. It provided livestock owners’ personal contact information, including their names, phone numbers, home addresses, and email addresses. The Department of Homeland Security even warned the EPA that releasing this information could be dangerous for these families.

They did it anyway.

This month, the 8th U.S. Circuit Court of Appeals ruled that the EPA’s release of this personal information was a violation of privacy. The court confirmed what we in Nebraska knew all along: the EPA’s actions were illegal.

If this makes your blood boil, it should. Such shameless disregard from a government agency for the constitutional rights of our citizens is completely unacceptable.

In the Senate, I serve on the Environment and Public Works Committee. Through this role, I have worked for several years to hold the EPA accountable. I have supported measures to compel the EPA to respect citizens’ constitutional rights and operate within, not outside, the law. 

After the news broke of the EPA’s data release in 2013, I quickly took action. In a letter to then-acting EPA Administrator Bob Perciasepe, I joined several of my colleagues to demand answers for the agency’s decision to release Nebraskans’ personal and confidential business information. I also cosponsored legislation, known as the Farmer Identity Protection Act, to make sure it does not happen again.

The agency’s reply was not compelling. They asked the activist groups to return the information, but the damage was already done. Thousands of families had their privacy rights violated, and their homes, businesses, and livelihoods were placed at risk.

Fortunately, federal courts stepped in and upheld the rights of Nebraska producers and private citizens. While I am relieved by the court’s decision, I remain appalled that these livestock owners had to undergo this ordeal in the first place.

The EPA’s actions reflect a somber reality. Instead of serving as a dutiful custodian of our nation’s environment and precious natural resources, the EPA used its power to cause harm. Reckless with its regulations and rules, the agency continues to pursue misguided outcomes with dramatic consequences, not only for ag producers in Nebraska, but for many citizens across our country.

Most disturbing, the EPA was willing to place Nebraska producers in harm’s way. This stands against government’s core responsibility to protect its citizens. It must not continue.

I will continue to monitor this case and conduct aggressive oversight to ensure the privacy rights of all private citizens and businesses are protected. I hope you will join me by speaking out when violations like these occur.

Thank you for participating in the democratic process. I look forward to visiting with you again next week.