Press Releases

The USDA announced a finalized rule change to allow payments for cattle contaminated by harmful PFAS chemicals. Congresswoman Leger Fernandez together with the New Mexico delegation fought hard for this rule change to address Highland Dairy’s desperate need for assistance after their herd was contaminated by the nearby Cannon Air Force base in 2018.

“I’ve worked to ensure that the federal government provides justice for New Mexico dairy farmers. Today, we secured some justice. Dairy producers who’ve had their lives and livelihoods upended by PFAS contamination from activities on Cannon Air Force Base deserve nothing less than full compensation for the loss of their cows. I will  continue to work to ensure every farmer is made whole and we prevent this from ever happening again,” said Leger Fernández.

“I appreciate the work USDA has provided to me and others impacted with PFAS contamination caused by the Air Force’s use of fire fighting foam on Cannon Air Force base and other bases. Finalizing this rule is a huge step in trying to get my life back to normal. The help I have received from Congresswoman Leger Fernández, Senator Luján, and the New Mexico delegation is nothing short of outstanding. I look forward to putting this unfortunate chapter behind me and my family.” said Art Schaap, owner of Highland Dairy in Clovis, New Mexico.

“Today’s announcement provides much-needed relief to farmers like Mr. Schaap and protects our food supply,” said New Mexico Agriculture Secretary Jeff Witte. “The New Mexico Department of Agriculture will continue to work with the USDA to ensure that impacted producers are made whole. Thank you to our congressional delegation for its continued support in finding workable solutions.”

“The New Mexico Environment Department has worked hard for the residents and businesses in Clovis – including Art Schaap – and I commend our congressional delegation for their leadership in this matter,” said Environment Department Cabinet Secretary James Kenney. “While making one business whole is great outcome today, we continue to urge the Department of Defense to clean up PFAS in the community to protect all residents and businesses.”

“The contamination at Cannon Air Force base is tragic. While the impact on dairy farms has been limited in its scope, the emotional and financial damage to the affected dairy is substantial. Dairy Producers of New Mexico is grateful for all involved at both state and federal level who have worked to mitigate the harm to the Schaap family. Efforts must now continue to rectify this problem, remediate the contamination, and eliminate any risk of other farms being impacted in the future,” said Beverly Idsinga, Executive Director of the Dairy Producers of New Mexico.

About USDA’s Rule:

The USDA is amending the Dairy Indemnity Payment Program (DIPP) regulations to add provisions for the indemnification of cows that are likely to be not able to be sold.

The Farm Service Agency also worked closely with USDA's Natural Resources Conservation Service to target assistance through the Environmental Quality Incentives Program and other conservation programs to help producers safely dispose of and address resource concerns created by affected cows.

A copy of the rule is available HERE.

Rep. Leger Fernandez’s Additional Efforts:

Earlier this year, the Congresswoman also joined Senators Heinrich and Luján to send a letter to USDA Secretary Vilsack to urge the Department to compensate Highland Dairy. The Congresswoman raised the issue directly with Agriculture Secretary Vilsack when she welcomed him to her district earlier this year.

In an effort to further aid communities impacted by harmful PFAS chemicals near U.S. Air Force bases, Leger Fernández secured an amendment in the 2022 National Defense Authorization Act which directs the Air Force to submit a report detailing their efforts to provide relocation assistance to those on contaminated property.

Further, Leger Fernández secured an amendment in the House-passed PFAS Action Act. Her amendment would ensure that the EPA’s testing regime and risk communication strategy consider the dangers of PFAS to water used for agriculture. In speaking on this issue on the House floor earlier this year, Leger Fernandez said, “We can’t allow PFAS to work itself into our food system.”

Background:

In 2018, Cannon Air Force Base informed the surrounding community that the groundwater had been contaminated with PFAS which is a toxic chemical linked to adverse health effects in humans and animals. The EPA lifetime health advisory limit for PFAS is 70 parts per trillion (ppt). Highland’s water tested positive for PFAS at 18,000 ppt.

Due to dangerous PFAS levels tested, USDA prohibited all of Highland’s milk and over five-thousand cattle from being sold. In order to keep Highland Dairy afloat, USDA provided monthly milk payments to Highland Dairy under the Dairy Indemnity Payment Program (DIPP).  However, due to an arbitrary 18-month Trump-era limit on DIPP payments, USDA cut off support for Highland Dairy in December 2020. Today’s rule will help to ameliorate this problem.

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