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Missouri Supreme Court says state CAFO statutes are constitutional

The Missouri Supreme Court says local health ordinances must follow state laws and regulations when regulating Controlled Animal Feeding Operations.

The Cedar County Health Commission and Cooper County Public Health Center challenged state statutes preventing counties from enacting inconsistent or extremely strict health ordinances on farms. The Missouri Supreme Court’s judgement, announced Tuesday, confirms the state legislature has the legal authority to set those parameters.

Missouri Pork Association Executive Director Don Nikodim says the much-anticipated decision provides certainty for the state’s hog producers.

“The fact that they can be regulated by scientificly based rules and regulations from the Department of Natural Resources rather than the emotional and politically driven kinds of direction we’ve gotten from other political subdivisions.”

Nikodim says the judgement doesn’t necessarily mean more CAFOs will be built in the state. He says costs are a hurdle and work on several pending hog production facilities or new projects should resume once the situation improves.

“Thing will get better and when that does, we’ll likely see more interest in Missouri. These new production facilities provide a better economic base for not only livestock producers, but crop farmers who provide feed and supplies.”

Attorney Brent Haden tells Brownfield the ruling is important for all of Missouri agriculture and currently, there aren’t any pending legal challenges on CAFOs in the state.

Haden says in December, the Cooper County Health Board decided not to appeal a Missouri Circuit Court decision and reimbursed farmers more than $200,000 for their legal fees in a case where the board knowingly violated laws in the debate over CAFOs.