Buffalo River Watershed Alliance

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EARTHJUSTICE LEGAL DOCUMENTS

Case Overview from the Earthjustice website

Demand Letter to FSA SBA of 6/6/13  This letter to USDA and Small Business Administration request review of faulty assessment that led to loan guarantee for industrial swine facility in the Buffalo National River Watershed. Animal waste from the C&H factory farm threatens America’s first national river, public health, and a multi-billion dollar Arkansas tourism economy

Complaint filed August 6, 2013 This is the complaint filed by Eartjustice, Earthrise, and Carney, Bates and Pulliam on behalf of plaintiffs BRWA, Arkansas Canoe Club, Ozark Society, and National Parks Conservation Asso. against the United States Dept. of Agriculture, Farm Services Agency, the Small Business Administration, and others challenging the environmental review and authorization of loan guarantees to C & H Hog Farm. See Amended Complaint filed 12/23/13 below.
          Plaintiff's Memorandum of Law supporting motion to dismiss

INJUNCTIVE RELIEF

Defendant's Proposed Response To Plaintiff's Memorandum Of Law Regarding The Scope Of Injunctive Relief filed 11/7/2014 

Plaintiff's Motion For Leave To Respond To Defendant's Supplemental Briefing On The Scope Of Injunctive Relief filed 11/12/2014 

Plaintiff's Proposed Response To Defendant's Supplemental Briefing On The Scope Of Injunctive Relief, filed 11/12/2014 

COURT ORDER, filed 12/2/2014. U.S. District Court Judge D.P. Marshall's written opinion and order for injunctive relief. The Court finds that FSA and SBA violated provisions of the National Environmental Policies Act (NEPA) and the Endangered Species Act (ESA) and that they "arbitrarily and capriciously guaranteed the loans" to C&H Hog Farms.The court requires the agencies to re-do their "cursory and flawed" Environmental Assessment of C&H within one year. Read this document for a clear overview and explanation of the issue.

Order filed 12/2/2014

Judgement filed 12/2/2104

Notice of Appeal filed 1/30/2015 by Defendants

Withdrawal of Appeal filed April 22, 2015 by Defendants

Press Release on Withdrawal of Appeal

Defendants request a 90-day extension, until March 1, 2016, to comply with court order for a new EA. The extension is requested due to the "unexpectedly large volume of public comments on the draft EA". 1,858 public comments were submitted. Filed Sept. 25, 2015.

Declaration of Matthew Ponish, FSA, in support of 90-day extension.

Draft Biological Assessment prepared to comply with the Endangered Species Act. October, 2015

Defendants Motion To Dissolve Injunction, March 2, 2016


Buffalo River Watershed Alliance is a non profit 501(c)(3) organization

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