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