CAFO foes back lawsuit

October 12, 2007 09:48 pm

— By Wally Kennedy
wkennedy@joplinglobe.com
Opponents of a 4,800-hog farm near the Arrow Rock historic site in central Missouri filed a lawsuit Thursday in Cole County Circuit Court against the Missouri Department of Natural Resources (DNR) in an effort to stop construction of the operation.
The lawsuit alleges the historic site could be ruined by the 2 million gallons of pig manure that will be produced annually by the confined-animal-feeding operation (CAFO). Doyle Childers, director of the DNR, said the allegation is “ridiculous.”
Mark Stephenson, an opponent of the 65,600-chicken CAFO that has been constructed by Michelle and Rodney Ozbun within a mile of Roaring River State Park, on Friday said he supports the legal action that has been taken against the DNR.
Stephenson, a Joplin resident with a family-owned farm near Roaring River, said the CAFOs at Roaring River and Arrow Rock “are examples of the inept way the DNR and the current administration are caring for Missouri’s natural resources.”

He said there is no question that CAFOs could threaten other state parks and historic sites in Missouri in the future “because there is no protection for them in place.”
The waste-management system for the Ozbun CAFO has been designed and permitted as a no-discharge operation, which means that wastes are contained and stored until proper land application can take place. The CAFO will produce 386 tons of waste annually, which is equivalent to the waste produced by 6,900 people.
In addition, opponents of the Ozbun CAFO say they are now concerned about air-quality issues in light of the DNR’s decision to change the construction permit to allow for the installation of an incinerator to burn up to 8,000 pounds of dead birds annually. The original permit called for the construction of a composter for the dead birds.
Stephenson said a local residents’ group, the Friends of Roaring River, has been interviewing attorneys to represent the group in appeals of the construction and operating permits that the DNR has given to the Ozbun CAFO.
The attorney for the Ozbuns, Michael Schmid, with the firm Schreimann, Rackers, Franck & Blunt, of Jefferson City, said neither he nor his clients will talk about the pending litigation. Gov. Matt Blunt’s older brother, Andrew, is a member of the law firm.
Gov. Blunt, during a meeting Friday with the editorial board of The Joplin Globe, said he has full confidence in the ability of Childers and the DNR to follow the rules and regulations that have been established with regard to the permitting of CAFOs in Missouri. He said they will be protective of the environment. But Blunt said he is open to new legislation in connection with the state’s parks.
He said he continues to support legislation that would take away the ability of counties to locally control CAFOs through county health ordinances. He said other industries that do business in the state are governed by rules and regulations that have been applied statewide. He said agribusiness should be given the same opportunity instead of facing different rules and regulations that have been adopted by the state’s 114 counties.
Arrow Rock is listed as a National Historic Landmark along with a house of the 1800s realist painter, George Caleb Bingham.
Residents worry the stench, flies and pollution issues from the farm will drive away tourists and ruin the quality of life around Arrow Rock, where many buildings in the village date back to the 1830s.
State officials said the farm is two miles from Arrow Rock and will present no problems. Childers said, “I would say it is aimed more at political issues than at real legal issues.”
Dennis Gessling, of Arrow Rock, who plans to build the farm, said he would never consider harming the village.
The lawsuit was filed by the Missouri Parks Association, the Village of Arrow Rock and the Friends of Arrow Rock. Dick Miller, the Kansas City attorney who filed the case, said the lawsuit could have major implications in how the state deals with CAFOs.
“It is mandatory under statutory law that (the department) protects these historic sites,” Miller said.
National organizations, including the National Trust for Historic Preservation and the National Park Service, have offered legal services to support the Arrow Rock plaintiffs, according to the lawsuit.
The lawsuit was filed against the Missouri Department of Natural Resources and Childers, who also serves as the state historic preservation officer.

Declined
Attorney General Jay Nixon has refused to represent the Missouri Department of Natural Resources in the lawsuit and instead has hired an outside attorney for the state. Nixon has openly criticized the department for issuing the permit and opposes the hog farm. Nixon considers the proximity of the farm and its size to be a threat to the unique historic aspects of Arrow Rock, said spokesman Scott Holste.
The Associated Press contributed to this report.