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

1 year 8 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 - The United States Air Force (USAF) Band of Mid-America is partnering with Columbia Parks and Recreation to present... More >>
56 minutes ago Thursday, July 19 2018 Jul 19, 2018 Thursday, July 19, 2018 10:00:00 AM CDT July 19, 2018 in News
(CNN Money) -- Facebook CEO Mark Zuckerberg tried to clarify his controversial comments about Holocaust deniers Wednesday afternoon, hours after... More >>
2 hours ago Thursday, July 19 2018 Jul 19, 2018 Thursday, July 19, 2018 8:33:00 AM CDT July 19, 2018 in News
MARIES COUNTY - At the City of Belle Fair, officers arrested a sex offender carrying a stun-gun Wednesday night. ... More >>
6 hours ago Thursday, July 19 2018 Jul 19, 2018 Thursday, July 19, 2018 4:47:00 AM CDT July 19, 2018 in News
KANSAS CITY (AP) — A man who was shot to death on Sunday after shooting three Kansas City police officers... More >>
14 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 8:33:33 PM CDT July 18, 2018 in News
MANSFIELD (AP) — The Missouri State Highway Patrol says a trooper who was shot in southwest Missouri has been released... More >>
14 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 8:28:02 PM CDT July 18, 2018 in News
COLUMBIA - Run-down buildings, scuffed up sidewalks and empty lots are what people first see when they exit off I-70... More >>
14 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 8:23:00 PM CDT July 18, 2018 in News
ST. LOUIS (AP) — The white former interim police chief of St. Louis is alleging discrimination based on race in... More >>
14 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 8:20:28 PM CDT July 18, 2018 in News
COLUMBIA - Japanese beetles are swarming mid-Missouri in the tens of thousands, wreaking havoc on gardens, crops and trees. ... More >>
14 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 8:18:00 PM CDT July 18, 2018 in News
WASHINGTON (AP) — Donald Trump will visit Missouri next week to deliver his first address as president to the annual... More >>
14 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 8:13:07 PM CDT July 18, 2018 in News
JEFFERSON CITY - On Wednesday, Governor Parson issued an executive order putting nearly half of the counties in Missouri under... More >>
14 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 8:12:00 PM CDT July 18, 2018 in News
JEFFERSON CITY (AP) — A Missouri state representative has unblocked a critic from her Twitter account after he sued. ... More >>
14 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 8:10:32 PM CDT July 18, 2018 in News
KANSAS CITY (AP) — A Kansas City-area woman has been charged with letting men rape her 2-year-old daughter. Twenty-five-year-old... More >>
17 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 5:12:46 PM CDT July 18, 2018 in News
HARRISBURG - A town rocked by tragedy continues to heal after the man responsible for the car crash that killed... More >>
17 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 4:57:00 PM CDT July 18, 2018 in News
MILLER COUNTY - Deputies arrested a man following an investigation into alleged sexual abuse, and charges were filed in the... More >>
18 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 4:05:32 PM CDT July 18, 2018 in News
JEFFERSON CITY – Different sides reacted Wednesday to the Missouri Supreme Court's ruling in favor of a wind energy project.... More >>
19 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 3:37:00 PM CDT July 18, 2018 in News
JEFFERSON CITY - The Missouri Democratic Party filed an appeal to the ruling from a Cole County judge dismissing a... More >>
20 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 1:59:00 PM CDT July 18, 2018 in News
FULTON - In the span of one month, law enforcement responded to nine car crashes on Route F between Boone... More >>
21 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 1:40:00 PM CDT July 18, 2018 in News
COLUMBIA - The man who caused the crash which left a Harrisburg teacher dead pleaded guilty Wednesday. Brandon Brill,... More >>
22 hours ago Wednesday, July 18 2018 Jul 18, 2018 Wednesday, July 18, 2018 12:34:00 PM CDT July 18, 2018 in News
Columbia, MO
Broken Clouds 77°
11am 79°
12pm 80°
1pm 81°
2pm 86°