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

2 years 11 months 2 weeks 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
COLUMBIA - More than 600 people and 11 sponsors gathered in Cosmo Park for the annual Walk to End Alzheimer's... More >>
2 hours ago Sunday, October 20 2019 Oct 20, 2019 Sunday, October 20, 2019 4:53:00 PM CDT October 20, 2019 in News
COLUMBIA — David Cover, a co-pastor at The Crossing, addressed the controversy over last week's sermon by fellow co-paster... More >>
3 hours ago Sunday, October 20 2019 Oct 20, 2019 Sunday, October 20, 2019 4:03:00 PM CDT October 20, 2019 in News
COLUMBIA - A 13-year-old boy was killed in a shooting in the 4400 block of Rice Road Saturday night, Columbia... More >>
6 hours ago Sunday, October 20 2019 Oct 20, 2019 Sunday, October 20, 2019 1:15:00 PM CDT October 20, 2019 in News
JEFFERSON CITY - One person was transported to the hospital in relation to a weapons offense Sunday morning, according to... More >>
8 hours ago Sunday, October 20 2019 Oct 20, 2019 Sunday, October 20, 2019 11:27:00 AM CDT October 20, 2019 in News
ST. LOUIS (AP) — Children in St. Louis have been the victim of homicides at 10 times the national rate... More >>
22 hours ago Saturday, October 19 2019 Oct 19, 2019 Saturday, October 19, 2019 9:34:54 PM CDT October 19, 2019 in News
WASHINGTON (AP) — President Donald Trump says he is reversing his plan to hold the next Group of Seven world... More >>
22 hours ago Saturday, October 19 2019 Oct 19, 2019 Saturday, October 19, 2019 9:19:49 PM CDT October 19, 2019 in News
COLUMBIA - Police were seen searching the area near the scene of a crash Saturday afternoon. Police responded to... More >>
23 hours ago Saturday, October 19 2019 Oct 19, 2019 Saturday, October 19, 2019 8:31:00 PM CDT October 19, 2019 in News
NASHVILLE, TN - The Missouri Tigers suffered a heartbreaking 21-14 loss to the Vanderbilt Commodores in their homecoming game. ... More >>
1 day ago Saturday, October 19 2019 Oct 19, 2019 Saturday, October 19, 2019 7:02:44 PM CDT October 19, 2019 in Sports
COLUMBIA - Community members came together Saturday for a Walk and Roll-A-Thon in recognition of Disability Employment Awareness Month. ... More >>
1 day ago Saturday, October 19 2019 Oct 19, 2019 Saturday, October 19, 2019 5:11:00 PM CDT October 19, 2019 in News
ST. LOUIS - The St. Louis Blues fell to the Montreal Canadiens 5-2 on Saturday. The Canadiens opened up... More >>
1 day ago Saturday, October 19 2019 Oct 19, 2019 Saturday, October 19, 2019 5:02:19 PM CDT October 19, 2019 in Sports
COLUMBIA - Demonstrators rallied at Speakers Circle on Saturday for the first ever National Period Day. Organizers said they... More >>
1 day ago Saturday, October 19 2019 Oct 19, 2019 Saturday, October 19, 2019 3:47:00 PM CDT October 19, 2019 in News
COLUMBIA - Community members got the chance to challenge Columbia police officers in their favorite video games during the department's... More >>
1 day ago Saturday, October 19 2019 Oct 19, 2019 Saturday, October 19, 2019 3:41:00 PM CDT October 19, 2019 in News
ST. LOUIS (AP) — Grassroots organizations are working across Missouri to persuade gun-related business owners to join efforts to limit... More >>
1 day ago Saturday, October 19 2019 Oct 19, 2019 Saturday, October 19, 2019 3:37:00 PM CDT October 19, 2019 in News
SALINE COUNTY — Three Saline County children abducted in 2017 were found in Arlington, Texas on Thursday, according to the... More >>
1 day ago Saturday, October 19 2019 Oct 19, 2019 Saturday, October 19, 2019 2:15:00 PM CDT October 19, 2019 in News
JEFFERSON CITY - One Lincoln man is dead following a crash between a motorcycle and a tractor-trailer Friday night on... More >>
1 day ago Saturday, October 19 2019 Oct 19, 2019 Saturday, October 19, 2019 1:19:00 PM CDT October 19, 2019 in News
COLUMBIA - The Columbia Water and Light department said it believes all power has been restored in Columbia. About... More >>
1 day ago Saturday, October 19 2019 Oct 19, 2019 Saturday, October 19, 2019 10:05:00 AM CDT October 19, 2019 in News
MEXICO - The trophy for the 54 Bowl might as well have been a dog bowl, rather than the highway... More >>
1 day ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 11:51:00 PM CDT October 18, 2019 in Friday Night Fever
WARSAW - The final score of Friday’s Tolton football matchup — 44-20, in favor of the other team —... More >>
1 day ago Friday, October 18 2019 Oct 18, 2019 Friday, October 18, 2019 11:48:00 PM CDT October 18, 2019 in Friday Night Fever
Columbia, MO
Broken Clouds 59°
8pm 60°
9pm 60°
10pm 59°
11pm 59°