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Judge strikes down Missouri anti-CAFO ordinance

A county circuit judge has ruled in favor of farmers and landowners over Cooper County’s regulation VI impacting Concentrated Animal Feeding Operations.

Cooper County Judge Robert Koffman struck down Cooper County health board’s regulation VI for being prohibited by state law because it would add more stringent local ordinances on CAFOs.

The health board is arguing Missouri Senate Bill 391 and Missouri House Bill 271 are unconstitutional for limiting local regulation power.

The Cooper County farmers group attorney, Brent Haden, tells Brownfield it’s up to the Cooper County Health Board and others pushing for the regulation to appeal the ruling.

“Obviously, if that becomes a final order, we’d be just fine with it,” he said. “But I would anticipate the other side is likely going to appeal this decision.”

The case would then move to the Western District Court of Appeals. Haden said there’s potential the case follows its sister case in Cole County to the Missouri Supreme Court.

Haden said if there is an appeal, he looks forward to having that position vindicated in the court of appeals.

“For our farmers, we want to get to the end of litigation as quickly and economically as possible so they can get back to doing what they do best; running their farms and feeding America,” he said.

Haden said next for his team is a trial in August on alleged Missouri Sunshine Law violations by the Cooper County Health Board in their attempt of creating the regulation.

Brent Haden Interview
  • …where I live, KEWAUNEE COUNTY, WI. we just got a ruling from the WISCONSIN SUPREME COURT in our favor…it took 10 years but the court came back and upheld the limiting of the number of animals and the installation of Well monitoring systems that were ordered to be put in place. This was a huge victory for the citizens of Kewaunee County… our water…and the State of Wisconsin. But, the farmer who was ordered to install the Well monitoring systems…the ones that would provide WARNINGS for their neighbors of pollution heading towards their family wells…guess what he did…He has filed a new LAWSUIT against the State of Wisconsin fighting the new wells and his animal cap…WHY WOULD ANYONE NOT WANT TO PROTECT HIS NEIGHBORS…what would make him do that…could this be about the MONEY…or…could it be about what they could find from the readings..??? What do you think..??

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