Closing arguments made in dairy case

Courtney Blanchard of the Telegraph Herald online reports that final decision is pending in the case between an environmental group and California dairy man who had hoped to open a large-scale dairy facility in Illinois.

County Judge Kevin Ward is expected to issue a written ruling sometime this week. The trial saw eleven days of evidentiary hearings on whether or not the proposed dairy operation would become “an environmental hazard.” Closing arguments in the case were made at the end of last week.

The environmental organization Helping Others Maintain Environmental Standards (HOMES) seeks to expand the current temporary injunction permanently stop A.J. Bos from building the dairy operation. Among the concerns of the group are the odors the facility would emit and the possibility that the landscape area will cause runoff from manure on the ground and in the manure pond. Thus, the manure would spill past the dairy property into others property or public property, and it will create environmental hazards.

Additionally, Illinois State Geological Survey geologist Sam Panno testified that the area in question contains a karst. A karst is a “geological formation that could allow pollutants like cow manure to seep into an underlying aquifer.” Being on a karst would likely increase the probability that the manure would seep into an aquifer.

Defense attorney Don Manning tried to poke holes in Panno’s reliability. Additionally, Manning denied there is a karst where the operation is supposed to go up. He also challenges the notion that the ponds would leak, something he said wouldn’t happen for at least 15 years, and even then the leakage would be minimal.

Back in 2008 the Jo Daviess County Board voted to not recommend the Department of Agriculture grant the farm. But, the decision was non-binding, and now the parties await their fate in the court’s decision.

To read the Blanchard article click here.

Posted: 12/14/09