Arrow Rock Ruling Won't Affect Current Animal Feeding Operations

This story was originally printed in the Marshall Democrat-News (www.marshallnews.com).

Thursday, August 28, 2008
By MARCIA GORRELL, Marshall Democrat-News

Saline County confined animal feeding operators can breath a sigh of relief, according to Missouri Department of Agriculture officials.

"This judgment is only going to apply to named defendants," said Deputy Director of Agriculture Matt Boatright on Thursday afternoon. "We are telling producers to carry on with business as usual."

Boatright was referring to the ruling Monday, Aug. 25, by Cole County Associate Circuit Judge Patricia Joyce on a suit by Friends of Arrow Rock against the Missouri Department of Natural Resources. In the lawsuit's conclusion, Joyce seemed to rule that any CAFO within a 15-mile radius of the historic village and other nearby historic sites could no longer "spread, transport or dispose" of any manure from their operation.

However, Boatright and Director of Agriculture Don Steen told The Marshall Democrat-News in a conference call that lawyers have informed them this ruling only applies to the defendants actually named in the lawsuit: the Department of Natural Resources, DNR Director Doyle Childers and a proposed hog farm by Saline County farmer Dennis Gessling.

Acknowledging there is going to be further discussion on the matter, Steen said they were told that Supreme Court Rule 87.04 dealing with declaratory judgments states, "no declaration shall prejudice the rights of persons not parties to the proceedings."

"If they are not named, then this judgment cannot be against them," said Boatright, adding that in Gessling's case the only CAFO affected would be the one he proposed two miles from Arrow Rock, which has never been built.

"I think this is a relief on one matter, in that the present operations are not affected by this ruling," said Senator Bill Stouffer (R-Napton), adding that the ruling still needs to be overturned.

"Every time there is a finding of fact it becomes case law until it is overturned," said Stouffer. In the judgment, Joyce found 145 "findings of fact" which Stouffer said includes many "irrational statements" about livestock operations.