Missouri Attorney General Chris Koster has a decision to make. On one hand, Missouri Governor Jay Nixon would prefer to drop the appeal of a judge’s decision that prohibits locating concentrated animal feeding operations (CAFOs) near state historic sites and parks. Yet, on the other hand, Koster has told the Columbia Daily Tribune the final decision belongs to his office, and he is concerned about the implications of the ruling on the state’s agriculture community.
One of Koster’s concerns over the ruling is whether or not circuit judges even have to authority to establish buffers around CAFOs and large farming operations. As Koster told the paper, ‘“[a]llowing circuit judges across the state to draw their own buffer zones whenever these issues come up — I think that moves us away from uniformity and predictability[.]”’
Last year Cole County Circuit Judge Patricia Joyce ruled a 4,800-head hog operation could not be located within two miles of historic Arrow Rock village. The Department of Natural Resources had issued a permit for the operation, and this prompted the Missouri Parks Association to file suit to prevent the hog farm from being constructed near the village.
Despite the fact the permit expired and the operation was never built, the administration of then-Governor Matt Blunt filed an appeal to an appeals court in Kansas City. According to the Daily Tribune story, environmental groups have asked the current governor’s administration to drop the appeal.
While Koster is not against taking a look at ‘“where these buffers zones should be [located] around cultural and recreational facilities.”’ However, he believes having circuit judges and local health departments draw the boundaries is dangerous to agriculture. Rather, Koster would prefer the General Assembly establish the buffers. Koster fears an appeals court affirmation of Joyce’s ruling would establish a precedential threat to agriculture. A spokesman for Governor Nixon said the issue of the appeal is still being discussed by his office, Koster and the Department of Natural Resources.
For their part, the Missouri Agribusiness Association and other agricultural groups think the issue is moot since the permit expired and the operation was not finished. Therefore, these interest groups think the appeals court should send the case back to the circuit court with orders that the case be dismissed. The interest groups also believe Judge Joyce exceeded her authority and ignored state law in her ruling.
For now, it is time to “wait and see” what the ultimate outcome of this case will be, and what, if any affect this might have on large feeding operations in other states. To read the Columbia Daily Tribune story click here.
Posted: 09/09/09
