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

11 months 2 weeks 6 days ago Tuesday, November 01 2016 Nov 1, 2016 Tuesday, November 01, 2016 6:52:00 PM CDT November 01, 2016 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
ST. LOUIS (AP) — A report obtained by the St. Louis Post-Dispatch offers insight into why the city's Civil Service... More >>
2 hours ago Monday, October 23 2017 Oct 23, 2017 Monday, October 23, 2017 10:13:00 AM CDT October 23, 2017 in News
COLUMBIA - Police arrested a man Sunday afternoon after he allegedly set the porch of a home on fire. ... More >>
2 hours ago Monday, October 23 2017 Oct 23, 2017 Monday, October 23, 2017 9:52:00 AM CDT October 23, 2017 in News
COLUMBIA - Boone County Sheriff's deputies are investigating a home invasion which happened early Monday morning. Authorities said a... More >>
2 hours ago Monday, October 23 2017 Oct 23, 2017 Monday, October 23, 2017 9:38:00 AM CDT October 23, 2017 in News
ST. JOSEPH (AP) — Authorities say officers have shot and killed a woman who pulled out a gun and fired... More >>
3 hours ago Monday, October 23 2017 Oct 23, 2017 Monday, October 23, 2017 9:20:52 AM CDT October 23, 2017 in News
SPRINGFIELD (AP) — The Missouri State Public Defender's Office in Springfield says it's too busy to handle several cases, including... More >>
3 hours ago Monday, October 23 2017 Oct 23, 2017 Monday, October 23, 2017 9:12:44 AM CDT October 23, 2017 in News
JEFFERSON CITY – The Capital Area Missouri chapter for the National Organization for Women held a remembrance vigil for victims... More >>
4 hours ago Monday, October 23 2017 Oct 23, 2017 Monday, October 23, 2017 8:17:00 AM CDT October 23, 2017 in Top Stories
COLUMBIA - Mizzou and KU competed for the time since 2012 and eyes all across Missouri were watching. More... More >>
4 hours ago Monday, October 23 2017 Oct 23, 2017 Monday, October 23, 2017 8:11:00 AM CDT October 23, 2017 in Top Stories
SPRINGFIELD (AP) — Jury selection is set to begin in the trial of a man charged with kidnapping, raping and... More >>
4 hours ago Monday, October 23 2017 Oct 23, 2017 Monday, October 23, 2017 8:09:09 AM CDT October 23, 2017 in News
FARMINGTON (AP) — Authorities say police have shot and wounded an armed man while investigating a burglary at an eastern... More >>
5 hours ago Monday, October 23 2017 Oct 23, 2017 Monday, October 23, 2017 7:21:00 AM CDT October 23, 2017 in News
COLUMBIA - Vote now for the Friday Night Fever Week Nine Play of the Week! This week's nominees are from... More >>
12 hours ago Monday, October 23 2017 Oct 23, 2017 Monday, October 23, 2017 12:18:00 AM CDT October 23, 2017 in FNF Play of the Week
FULTON - Fulton police arrested a man Sunday on suspicion of kidnapping and domestic assault. Someone called the Fulton... More >>
18 hours ago Sunday, October 22 2017 Oct 22, 2017 Sunday, October 22, 2017 5:47:00 PM CDT October 22, 2017 in News
JEFFERSON CITY (AP) — Missouri's capital city scored poorly in a recent ranking of cities evaluating which places offer the... More >>
20 hours ago Sunday, October 22 2017 Oct 22, 2017 Sunday, October 22, 2017 4:07:00 PM CDT October 22, 2017 in Continuous News
COLUMBIA - Pet owners brought their dogs and cats to Lizzi and Rocco’s pet store for a halloween themed photoshoot.... More >>
20 hours ago Sunday, October 22 2017 Oct 22, 2017 Sunday, October 22, 2017 3:58:00 PM CDT October 22, 2017 in News
FULTON - Through an exchange in the Columbia Mothers of Multiples Facebook group , Katie Hanney gave and delivered a... More >>
20 hours ago Sunday, October 22 2017 Oct 22, 2017 Sunday, October 22, 2017 3:35:00 PM CDT October 22, 2017 in News
Moberly - An arraignment is scheduled Monday for a Moberly man facing several felony charges ranging from incest, rape or... More >>
1 day ago Sunday, October 22 2017 Oct 22, 2017 Sunday, October 22, 2017 9:00:00 AM CDT October 22, 2017 in News
COLUMBIA- Missouri and Kansas will play a friendly version of their 'Border War' rivalry for the first time since 2012.... More >>
1 day ago Sunday, October 22 2017 Oct 22, 2017 Sunday, October 22, 2017 6:56:00 AM CDT October 22, 2017 in News
COLUMBIA - An armed robbery occurred Saturday night at an O’Reilly Auto Parts store on Cooper Drive. CPD officers... More >>
1 day ago Saturday, October 21 2017 Oct 21, 2017 Saturday, October 21, 2017 10:10:35 PM CDT October 21, 2017 in News
COLUMBIA - One man was taken to a local hospital for a gunshot wound received Saturday night. CPD officers... More >>
1 day ago Saturday, October 21 2017 Oct 21, 2017 Saturday, October 21, 2017 9:56:00 PM CDT October 21, 2017 in News
Columbia, MO
Broken Clouds 65°
1pm 68°
2pm 68°
3pm 67°
4pm 66°