Grundy County CAFO appeal sheds new light on Callaway County CAFO suit

5 months 2 weeks 6 days ago November 01, 2016 Nov 1, 2016 Tuesday, November 01 2016 Tuesday, November 01, 2016 6:52:00 PM CDT in News
By: Anthony Romano, KOMU 8 Reporter
loading

COLUMBIA — A decision from a Grundy County appeal heard Tuesday could bring more clarity to a Callaway County case involving concentrated animal feeding operations, or CAFOs.

The Missouri Western District Court of Appeals heard the Grundy County case arguments, as well as three other cases, at the MU School of Law Tuesday afternoon.

The case involved an appeal from Trenton Farms, which was looking to acquire land in Grundy County for a CAFO for swine. Hickory Neighbors United filed a complaint, saying the Department of Natural Resources failed to consider the CAFO was located in a 100-year floodplain, and also failed to require proof the CAFO could stay financially stable.

Despite some differences in specific details, the appeal bears multiple similarities to a case in Callaway County involving an appeal from the group known as Friends of Responsible Agriculture, or FORAG, to the development of a CAFO in the county.

The common element of both cases lies in determining the continuing authority involved. The Department of Natural Resources defines the continuing authority as "the permanent organization responsible for operation, maintenance and modernization of the facility described in the permit."

"[Continuing authority] is a buzzword for these limited liability companies that form pretty easily and do not have to have any money," said Philip Glenn, president of Glenn Acres Farm Inc. "In fact, it's very hard to find out who the corporate leadership is and when the time comes, if things haven't gone too well, they fold those companies and they shift operations to another LLC."

Glenn is a neighbor of the proposed CAFO in Callaway County and a member of the FORAG board of directors.

According to the Department of Natural Resources' Clean Water Commission, any group that applies for a permit must prove it is a continuing authority by the department's definition.

If the Grundy County CAFO is found not to be a continuing authority, that could hold true for the Callaway County CAFO as well.

Robert Brundage, the attorney for Trenton Farms, said one of the core issues in the dispute was over whether the regulation requires the facility to show it has the financial resources to operate, maintain and modernize the facility.

"The Missouri Clean Water Commission failed to follow and apply the plain meaning of their continuing authority regulation," Brundage said in his appeal argument.

Glenn said, in the end, he wants to see more research on how to handle waste from the CAFOs, which he said is essentially untreated, raw sewage being spread on the land.

"A lot of people look at us as being just disgruntled neighbors but it's more an issue of clean water," Glenn said. "When you're talking about the concentrations of these operations and three million gallons of hog waste a year being spread with no nutrient management plan on how to handle that, we're concerned for the county and the state of Missouri."

The Callaway County suit has been ongoing since 2014.

More News

Grid
List
JEFFERSON CITY (AP) — Efforts by some Missouri legislators to make such discrimination on the basis of sexual orientation against... More >>
1 hour ago April 23, 2017 Apr 23, 2017 Sunday, April 23 2017 Sunday, April 23, 2017 4:56:00 PM CDT in News
COLUMBIA (AP) — The Missouri Department of Conservation is using new technology and smarter traps to improve its efforts to... More >>
2 hours ago April 23, 2017 Apr 23, 2017 Sunday, April 23 2017 Sunday, April 23, 2017 4:00:56 PM CDT in News
FULTON - An ordinance proposed in Callaway County could complicate potential confined animal feeding operation (CAFO) construction. It could make... More >>
3 hours ago April 23, 2017 Apr 23, 2017 Sunday, April 23 2017 Sunday, April 23, 2017 3:30:00 PM CDT in News
COLUMBIA (AP) — A dormitory association at the University of Missouri is pushing that a new residence hall on campus... More >>
3 hours ago April 23, 2017 Apr 23, 2017 Sunday, April 23 2017 Sunday, April 23, 2017 3:17:40 PM CDT in News
MARTINSBURG (AP) — An eastern Missouri family's dog has been impounded for disease monitoring after authorities said it mauled and... More >>
3 hours ago April 23, 2017 Apr 23, 2017 Sunday, April 23 2017 Sunday, April 23, 2017 3:02:58 PM CDT in News
FULTON – A search party assembled at Memorial Park at 10:30 a.m. to continue the search for 31-year-old Carl DeBrodie.... More >>
3 hours ago April 23, 2017 Apr 23, 2017 Sunday, April 23 2017 Sunday, April 23, 2017 2:53:00 PM CDT in News
KANSAS CITY, Kan. (AP) — Police have arrested the Kansas man charged with killing the sister of a girl whose... More >>
7 hours ago April 23, 2017 Apr 23, 2017 Sunday, April 23 2017 Sunday, April 23, 2017 11:02:51 AM CDT in News
COLUMBIA — Party For A Purpose mixed the socialization of a party with conversation on mental health and suicide prevention.... More >>
19 hours ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 11:36:00 PM CDT in News
COLUMBIA — The Islamic School of Columbia-Missouri invited the community to help them promote international togetherness on Saturday. The school... More >>
19 hours ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 11:05:00 PM CDT in News
COLUMBIA — Future veterinary students flocked to MU campus Saturday to learn about what the College of Veterinary Medicine has... More >>
23 hours ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 7:22:00 PM CDT in News
COLUMBIA — A team of veterinary oncologists at the MU Veterinary Health Center is looking for dogs with cancer to... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 6:35:00 PM CDT in News
COLUMBIA — Saturday is Earth Day and the City of Columbia has a series of recommendations on how to save... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 6:32:00 PM CDT in News
COLUMBIA — Three thousand yellow rubber ducks filled the grounds of Columbia’s Central Missouri Humane Society to raise money... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 4:30:00 PM CDT in News
JEFFERSON CITY — With House Bill 130 set to become law, Gov. Eric Greitens will smooth potholes to expansion for... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 2:58:00 PM CDT in News
KANSAS CITY (AP) — Hundreds gathered in a downtown Kansas City, Missouri, park on Earth Day in support of calls... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 2:06:00 PM CDT in News
FULTON — The Ryan's Case for Smiles mid-Missouri chapter got together on Saturday at First Presbyterian Church in Fulton to... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 1:26:00 PM CDT in News
COLUMBIA — Community members came together Saturday in honor of Child Abuse and Neglect Awareness Month, to draw attention to... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 12:33:00 PM CDT in News
JEFFERSON CITY (AP) — During his first 100 days in office, Missouri Gov. Eric Greitens has trained with firefighters and... More >>
1 day ago April 22, 2017 Apr 22, 2017 Saturday, April 22 2017 Saturday, April 22, 2017 11:58:00 AM CDT in News
Columbia, MO
Broken Clouds 71°
7pm 70°
8pm 65°
9pm 60°
10pm 56°