Lawmakers OK hog farm moratorium, prison funds
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By John Lyon
Arkansas News Bureau
jlyon@arkansasnews.com
LITTLE ROCK — After some debate, the Arkansas Legislative Council on Friday approved a proposed five-year moratorium on new hog farms in the Buffalo National River watershed.
The panel also approved a proposal by Gov. Asa Hutchinson to use $7.4 million from the state’s reserve funds to open 200 new prison beds in Pine Bluff.
The moratorium on hog farms is contained in a rule proposed by the Arkansas Public Policy Panel and the Ozark Society and represents a compromise among environmentalists, the governor’s office and legislators.
The rule would bar the issuance of permits for new medium and large hog farms in the Buffalo National River watershed for the next five years to give the University of Arkansas time to complete a study on what impact, if any, C&H Hog Farms in Mount Judea has had on the watershed.
To date, no new permits have been requested in the watershed. The rule would have no effect on C&H.
The rule still needs approval from the state Pollution Control and Ecology Commission. The commission previously approved a similar measure as a 180-day emergency rule and extended it twice.
Rep. Nate Bell, I-Mena, moved Thursday to reject the proposed rule, which he said was not supported by scientific evidence.
“The Arkansas Constitution expressly provides that no private property shall be taken without compensation. Landowners in this watershed are specifically deprived of the full use of their property without opportunity for scientific review by this regulation,” he said.
Bell acknowledged that the rule was agreed to in a compromise.
“But you know what? Governments throughout history have done bad things because everybody agreed to it,” he said.
Several legislators voiced agreement with Bell, including Sen. Jim Hendren, R-Gravette, who said the rule should be rewritten to state that landowners would be compensated for the “taking” of their property.
Sen. Jeremy Hutchinson, R-Benton, Hendren’s cousin, disagreed, saying he would not consider the rule a taking of property.
Rep. Bob Ballinger, R-Hindsville, said limiting a landowner’s use of property could be considered “a regulatory taking.” He asked Arkansas Department of Environmental Quality Director Becky Keogh if scientific evidence is usually collected in cases where the agency limits landowners’ use of their property.
“I think that’s what they’re trying to do here,” she said.
Rep. Kelley Linck, R-Flippin, defended the proposed rule, saying, “We’re not taking away any rights of anyone that’s trying to do anything. … There’s no applications. All we’re saying is, let’s hold off on applications until the U of A finishes a five-year study.”
Bell’s motion received 20 “yes” votes and 21 “no” votes.
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