Green again blocks hog farm vote
March 29th, 2017by Bob Watson
Cole County Circuit Judge Dan Green has again blocked the Clean Water Commission’s plans to vote on a proposed hog farm in Callaway County.
Eichelberger Farms Inc., based in Wayland, Iowa, wants to operate the Callaway Farrowing LLC confined animal feeding operation, or CAFO, near Hatton, with 9,520 swine more than 55 pounds and another 800 swine under 55 pounds.
Green on Tuesday issued a preliminary order prohibiting the commission and its chairman, Buddy Bennett, from holding a vote April 5, as currently scheduled.
Green ordered the commission, the state Department of Natural Resources and Callaway Farrowing to file their answers to the petition seeking to prohibit a commission vote on or before April 24, and refrain from all actions until further order.
The Friends of Responsible Agriculture — the group formed in July 2014 to oppose the proposed CAFO — asked Green for the latest action, noting the issue is listed on the April 5 commission agenda with a department recommendation “the Commission uphold the permit as originally issued by the Department.”
However, the Friends group’s petition — for a court order blocking the commission vote — reminds the court the commission already has failed to approve the proposal twice.
On Oct. 5, the petition noted, commissioners voted 3-2 in favor of the proposed CAFO, but state law requires “all final orders or determinations or other final actions by the commission shall be approved in writing by at least four members of the commission.”
The group won a Dec. 21 order from Green that the vote failed to approve the proposal.