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Hog Farm Controversy Amid New Bill 

By: Chrystal Blair

March 14, 2018

LITTLEROCK, Ark.-- The Arkansas legislature approved a different version of a proposed bill, limiting public comments regarding state animal farm permits. 

Some opponents of the controversial C & H Hog Farm in Mount Judea are concerned it provides the farm a loophole to continue operations. The farm lost their permit over concerns the nearby Buffalo River could become contaminated.    

It's the wording in the new bill that's causing a stir. Under the bill, public comments about animal farm permits would only be allowed for 30 days after a farmer receives a permit. 

The sponsor of the bill, Arkansas State Representative Jeff Wardlaw(R), says the idea is to ease the minds of farmers and lenders who after watching the C & H story, fear that public comments could cost them their permits too.  

The initial version of the bill included a clause that Gordon Watkins, President of the Buffalo River Watershed Alliance, believes was about an ulterior motive.

"The previous version that we saw of this bill was an obvious attempt to craft legislation that would specifically apply to C & H Hog Farm," Watkins said.

That clause was eliminated -- and although Watkins is generally pleased with the new bill, he says the wording in the bill refers to state permits or liquid animal waste management systems -- and that's where he says things can get tricky.   

"In Arkansas, there are two types of permits that cover those types of systems -- being 'Regulation Six' permits to discharge and 'Regulation Five', no discharge permits." 

C & H operates under a Regulation Six permit.

"We were concerned because it did not specify what kind of permit would be addressed, that this could be interpreted to apply to C & H Hog Farm permit."

Watkins says legislators reassured him this wording was not about C & H. 

"The legislators pointed out that 'Regulation 6' is actually a federal permit, that it's an EPA permit - and that's correct. 'Regulation Six' animal permits in Arkansas are EPA permits, but they're being administered by the state."

But Watkins still believes the lines could become blurred.

"So even though the language is federal language it's being administered by the state. So it could be argued, that they are still state permits."

He's also concerned about the 30-day public comment limitation. 

"I do have some concerns that the way this bill is worded, it prevents any future challenges of a permit."

In an emailed statement, a spokesperson for the Arkansas Department of Environmental Quality said they have no objections to the bill. 

C & H has appealed their permit denial. They're expected back in court August 6, on an appeal.