In 2013, BRWA collaborated with the Ozark Society, the Arkansas Canoe Club and National Parks Conservation Association to engage Earthjustice, a public interest law firm, to seek a legal solution to the C&H issue. Efforts focused on a faulty environmental assessment of C&H by the Farm Services Administration in its issuance of $3.5 million in federal loan guarantees.
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.
Defendant’s Answer to Complaint filed 12/16/13
Amended Complaint filed 12/23/13
Attachments to Amended Complaint (C & H Maps)
Defendant’s Answer to Amended Complaint filed 1/13/14
Plaintiff’s Motion For Summary Judgement filed 3/14/14
Plaintiff’s Statement of Material Facts
Plaintiff’s Memorandum of Law supporting motion to dismiss
Plaintiff’s Motion Requesting Judicial Notice
Defendant’s Cross Motion for Summary Judgement filed 4/28/14
Defendant’s Statement of Facts
Defendant’s Stipulation of Facts
Defendant’s Response to Plaintiff’s Statement of Facts
Plaintiff’s Opposition to Defendant’s Cross Motion for Summary Judgement filed 5/19/14
Plaintiff’s Response to Defendant’s Statement of Facts
Defendant’s Reply Brief for Summary Judgement filed 6/5/2014
INJUNCTIVE RELIEF
Plaintiff’s Memorandum Of Law Regarding Scope Of Injunctive Relief filed 11/6/2014
Defendant’s Supplemental Briefing On The Scope Of Injunctive Relief filed 11/6/2014
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
FARM SERVICE AGENCY DOCUMENTS
Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) prepared by Farm Services Agency, the USDA agency which has provided a funding guarantee for C & H Hog Farm. Note: This is only the Executive Summary of the EA. Following is the EA divided into 3 parts, approximately 200 pages each.
Environmental Assessment Part 1
Environmental Assessment Part 2
Environmental Assessment Part 3
Letter from Buffalo National River to the Farm Services Administration responding to the EA/FONSI and outlining 45 significant errors, misstatements, inaccuracies and other problems. If you only read one document this is the one The Park Service was not notified on the CAFO and was excluded from the assessment of impacts, violating federal guidelines.
FSA Response to Buffalo National River LetterThis is the official response to the letter from the Buffalo National River above that cites 45 problems with the EA an FONSI documents. Posted 4/1/13.
FSA Handbook – Environmental Quality Programs
NEW ENVIRONMENTAL ASSESSMENT, AUGUST 2015
Draft Environmental Assessment, August, 2015 submitted per Judge D. Price Marshall’s court order finding that the original EA was “cursory and flawed”.
PUBLIC COMMENTS AND EXPERT OPINIONS ON DRAFT ENVIRONMENTAL ASSESSMENT
PRESS RELEASE, Sept 4, 2015: Arkansas Groups Find Draft Environmental Assessment of Industrial Hog Facility in Buffalo River Watershed Significantly Flawed
Buffalo River Coalition Comments on draft EA, submitted by Earthjustice, Sept. 4, 2015
Exhibit 1 – Comments of Professor John Van Brahana, Ph.D., P.G.
Exhibit 2 – Comments of Professor JoAnn Burkholder, Ph.D.
Exhibit 3 – Survey of Threatened and Endangered Bat Species on Big Creek, James Gore, Arkansas State University
Followup Bat Survey of Left Fork of Big Creek, August, 2015, James Gore
Exhibit 4 – Comments of Michael Smolen, Ph.D.
Exhibit 5 – Declaration of Professor Steven B. Wing, Ph.D.
Exhibit 6 – Electrical Resistivity Surveys of Mt Judea, Oklahoma State University
Tom Aley, Ozark Underground Laboratory testimony on behalf of BRWA given at the public hearing in Jasper, AR, August 27, 2015
Lisa R. Pruitt, Professor of Law and Linda T. Sobcynski, J.D., University of California at Davis statement regarding the environmental justice impacts of C&H Hog Farms
BRWA Talking Points on draft EA
National Park Service/Buffalo National River comments
ADEQ Comments on the draft EA
Duane Woltjen’s comments on draft EA
Marti Olesen’s comments on draft EA
Chuck Bitting’s comments on draft EA
Susan Watkins comments on draft EA
Carol Bitting’s comments on draft EA
Friends of the North Fork and White Rivers comments
Draft Biological Assessment prepared to comply with the Endangered Species Act. October, 2015
FSA/SBA request 90-day extension until March 1, 2016 due to unprecedented volume of comments received.
Final Environmental Assessment with Draft Finding Of No Significant Impact, December 23, 2015. A comment period here was opened for this draft FONSI, ending January 29, 2016.
Earthjustice requests extension on EA Comment Period until Jan. 29, 2015. This request was approved.
Earthjustice comments on draft final EA/FONSI submitted on behalf of BRWA, NPCA, Ozark Society and Arkansas Canoe Club, Jan. 29, 2016
PRESS RELEASE, Jan. 29, 2016
BRWA initial general comments on draft FONSI
BRWA comments on the draft final EA/FONSI, submitted Jan. 28, 2016
Dr. Van Brahana’s comments, submitted January 28, 2016
FSA and SBA Sign Final Finding Of No Significant Impact, February 18, 2016
Buffalo River Coalition Press Release, responding to Final FONSI, February 24, 2016