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The judgment specifies a 15-mile buffer zone around state historic sites in which CAFOs cannot be permitted and cannot operate.
The judgment not only specifically stops Gessling's proposed CAFO, but appears to forbid any CAFO from operating within that zone. CAFO operators are also forbidden to "transport, spread or otherwise deposit or dispopse of any waste from its operation within a 15-mile radius from the Village of Arrow Rock, nearby State Historic Sites and National-listed Prairie Park."
However, the original suit asked the court to order the Missouri Department of Natural Resources to revoke Gessling's construction permit -- which was issued Aug. 31, 2007 -- and did not specifically ask for a buffer zone, although it did request "such further relief that the court deems just and proper under the circumstances."
Richard Miller, attorney for the Arrow Rock group of organizations, was not available for comment Wednesday morning.
Construction of Gessling's facility never got under way and a story in The Columbia Tribune last week noted that he had not filed to extend the permit.
In February 2007 state Rep. Jeff Harris (D-Columbia) introduced a bill that would have required a five-mile CAFO-free buffer zone around historic sites in the state, but the bill did not make it to the floor of the House.
DNR Director Doyle Childers, a defendant in the suit, said the ruling would effectively stop construction of CAFOs in the state, according to the Globe story.
At least 10 CAFOs and a research facility fall within the 30-mile range cited in Joyce's ruling, Childers said in an Associated Press report. The agency will likely appeal Joyce's ruling, he added.
"Basically, it says historic preservation trumps everything else," Childers said. "It has some very far-reaching impact that goes beyond agriculture."
The ruling notes that along with issuing water quality permits for agricultural operations, DNR is also bound by law to protect state parks. Past decisions such as approving construction of a large chicken farm near Roaring River State Park in southwest Missouri have not met those legal standards, Joyce said.
The Friends of Arrow Rock and another Arrow Rock-based organization, Citizens to Protect State Parks and Historic Sites, which was not a party to the suit, have maintained since the controversy began that the DNR cannot adequately regulate CAFOs and protect state parks when the interests of the two come into conflict.
DNR officials, who held a public meeting in Marshall to discuss Gessling's CAFO permit application in July 2007, maintain that they can only do what state laws and regulations specify, and in the case of the application to build a CAFO near Arrow Rock, all regulations were met before the permit was issued.
"Good news for Arrow Rock," said Kathy Borgman, executive director of the Friends of Arrow Rock. The organization was joined in filing the suit in October by the village of Arrow Rock and the Missouri Parks Association.
Tom Hall, president of the Friends of Arrow Rock, said the organization's mission is one of education and preservation and it doesn't generally oppose CAFOs -- except any that appear to threaten the village or its state historic site.
"We were very pleased" with the ruling, he said. "We feel the court has very simply told the DNR to do what it should have been doing all along, protecting the state parks."
Joyce's ruling also chides DNR attorney Scott Hamblin of Jefferson City for failing to meet several deadlines to respond to 149 requests for admission by the plaintiffs in the case.
"The law of Missouri is absolutely clear that since DNR failed to response to Plaintiffs' Request for Adminssions within the 30 day time period mandated by Rule 59.01(d), the Request for Admissions are all deemed true in all respects and binding upon DNR in the context of Plaintiffs' Motion for Summary Judgment," Joyce said in the ruling.
Information from The Associated Press included in this story.
See also:
State officials hear complaints about proposed CAFO/Arrow Rock group pledges to file suit if controversial permit is approved:
www.marshallnews.com/story/1232372.html
DNR issues permit for controversial Arrow Rock CAFO:
www.marshallnews.com/story/1251319.html
CAFO opponents file suit against DNR, Childers:
www.marshallnews.com/story/1284032.html
Arrow Rock CAFO bill introduced in legislature:
www.marshallnews.com/story/1191353.html
On the Net:
www.joplinglobe.com/local/local_story_23...
www.columbiatribune.com/2008/Aug/2008082...
www.dnr.mo.gov/env/wpp/cafo/CP3604-gessl...
www.dnr.mo.gov/newsrel/nr07_376.htm
Contact Eric Crump at marshalleditor@socket.net
Comments
Thank you for the answer Marcia.
I want to say a couple of things first off I don't live in the country so I really don't have a dog in this fight.
I just like to see both sides to the story I am 50-50 on this issue I do know that if I did live in an area where I had built a $200,000 home and someone wanted to put a CAFO close to my home I would not like it would you?
But on the other hand if I was a farmer I sure as hell would not want someone telling me what I could and could not do with my land.
I don't know the answer but I wish I did.
Tontonnii you are oh so wrong, CAFOs are not corporations they are the farmers who got smart. Why ravage your land with hog wallows and waisted space when the animals can be confined and do just as well if not better. The animals in these facilities are healthier and cleaner and live in a controlled environment, not out in the heat and cold.
The saying goes if you can't stand the heat.... well the saying should go if you can't stand the smell stay in city. The country is where animals belong on the farms that are able to support them if you don't want to smell the poo stay away. Spreading manure is a cost effective way to fertilize do any of you city dwellers know the cost of buying fertilizer? If you people that are complaining about smells care that is one of the ways farmers are able to produce your food to feed your families for less money than it costs in a lot of countries.
Of coarse it will be the same group of people who will shout the loudiest when the cost of your food goes up as well, farmers can't catch a break and this is supose to be the land of milk and honey, how ironic!You can't raise cows to produce the milk and the honey bees have moved on to where the feilds smell more like roses!
As far as I'm concerned, this ruling is a declaration of war against Missouri Farmers. Anyone that understands where our food comes from should take note, write letters to our represenatives and senators, and not spend a dime at any historic site ran by wrong-headed rich people that are obviously out of touch with reality. Don't go to the Lyceum. Don't eat at the Tavern. Certainly don't patronize any of the little craft shops in Arrow Rock. Hopefully, this ruling will be overturned or at least amended to levels that don't illegalize farmers and ranchers in Missouri. Hopefully, the next judge to rule on this won't be in the pocket of these rich outsiders.
Back when Dennis Gessling was applying for the CAFO permit I recall that he received a letter from the DNR needing some information by a certain date. Later another letter stated that the deadline had not been met. He said that he was too busy getting his crops in and that was the reason for the delay. In the end he still received the permit. So I guess the DNR thought the judge would do the same for them if you miss a deadline. All this information can be found in the DNR website that shows the CAFO applications.
Tontonnii: I don't know a true full time farmer around who wants to escape their farm, working the land is their dream, providing food for families is their desire, farmers do this 365 days a year, even on Christmas. They can not afford to take time off, they don't get paid days off of work. I don't know many farmers who are able to take time away from their farm. And if they wanted to, many couldn't afford a second home or a weekend trussle. You are obviously not a farmer or you wouldn't be trying to escape the sounds or sights of a farm. I farmed my entire career beside my family, and we never had a desire to leave the farm life or scenery. I am now retired, no longer farming. We needed to make many modern improvements on our farm to be successful and we no longer had the energy, money or youthfulness to tackle such a chore. I applaude these young farmers for trying to stick it out and raise their families on the farm. There is no better way to raise your kids than on a family farm. I am saddened by your views, and pray you will do more research to fully understand that these farmers provide safe food for all of us. Running these AMERICAN farmers out of business only allows foreign farmers access to come in the front door. How safe do you think your food will be then? And at what cost? Look at the dog food scare last year, or the toothpaste scare from China. To Mr. Gessling and his family, May God Bless you and watch over your young family, you are in my prayers. Thank you for wanting to produce safe food for my family, I am grateful.
In response to this recent ruling from Judge Joyce - what is she thinking? A 15 mile buffer zone is most excessive! This ridiculous ruling affects an awful lot of people and violates the rights of farmers to produce safe and healthy food for our consumption. Why is a Cole County Judge ruling on this anyway?
The Friends of Arrow Rock and the other consortium should have weighed the consequences of this ripple effect. I love Arrow Rock and I believe in supporting tourism but not to the point of putting honest hard working and quality farm families out of work and the right to earn a living as providers of our food, etc. Only wealthy out of touch non-farmers would propose this egotistical nonsense! Someone in Arrow Rock has forgotten their heritage! The Friends' contributor list might shrink this year because of their lack of concern for other people outside their suitcase village. I would much rather smell a hint of Missouri Agriculture in the air than to smell one of their patrons standing on the boardwalk while smoking a cigarette!
I will think twice before I renew my membership for the Friends of Arrow Rock again.
The reason you don't smell the farm you are referring to on 41 is because the wind dose not normally blow from the farm to the road put the road on the other side and most days it would be very very bad.
My question for you and Mr. Gesslings is why not build the CAFO on his property where he lives?
I have to say that granted-- I do not want this in my back yard-- but if you go to arrow rock from marshall on 41 you pass a hog operation-- most days you would never know that it is there-- the Gesslings are great with controlling the smells from the current hog operation they have-- just a few miles from me the way a crow flies-- and I think that if the "friends of Arrow Rock" want to control what is put where around their town-- maybe they should buy out a buffer zone-- other wise-- hush up--
And my question is-- do those opposed eat pork and are they very very sure exactly where the farm is located that their exact piece of bacon came from.
farmmom,
Some of the "weekenders" you are bashing are your neighbors who just need a little relaxing time away from their farms. If you are truly a farmer, you know the rigors and hard work that it takes to maintain the land you are farming. They don't need the reminder of their daily life in the odors and sounds that they are escaping for the day. How many hogs are you raising on your farm 20 or 30? What do you do with the by products of those hogs? Do you use the manure to fertilize your fields or do you contract for anhydrous ammonia to fertilize your beans? Try dealing with the by products from 4800 hogs. That is the number that the business wanted for this property. The odor and possibility of ground water pollution not to mention the runoff from these animals can be very detrimental to the health and welfare of not only the people and wildlife in this state but people and wildlife in surrounding states who depend on rivers that run through Missouri. Have you seen the preparations for dealing with these by products? Are you sure that nothing will be polluting anything nearby? There are some places that need to be kept free and open so that people can enjoy a "day away" from the grind of weekday work. Fresh air, nature's sounds and the companionship of their families are some of the things that the "weekenders" expect when they get a day off.
These CAFO businesses are corporations and not farmers. They do nothing but fatten stock for market. Do some research on some of the other cities in Missouri who have chicken, cattle and hog CAFO "farms."
CAFO- Concentrated Animal Feeding Operation.
DNR- Department of Natural Resources.
Feeling dumb here... What is a CAFO and DNR?
Mr. Childers said in the Joplin Globe Newspaper that the state asked for an extention and the judge refused to grant it. But in the court papers it states that the request was due by June 18, 2008. No response was filed by the DNR by that date. The request for an extention was received on June 19, 2008. After the 30 days had expired. Then he stated,"She made her decision before the case was even gathered." Judge Joyce also stated that the DNR failed and refused to honor or enforce the stay order at the Roaring River Chicken CAFO. By not following these laws probably reflected on Judge Joyce's decision with this case. So if he wants to complain and blame anyone else about the outcome of this lawsuit, he should look in the mirror. I bet Mr. Childers will make sure that the appeal will be filed within the 30 days.
It's a shame that some "weekenders" are using their over abundance of wealth to put farmers out of business. I pray God will find a way to take care of these farmers and their families after our country puts them out of business. American Farmers produce SAFE food for every American, period. Without farmers, where would our food come from? I never thought I would see a day when fellow American's spit in the face of a farmer, what a sad day in our history. There are countries with starving people in them, and this country wants to destroy the farmer who is feeding them. I guess when our food is imported from countries like China, Mexico and Brazil and we are paying $25 for a pound of bacon, you might realize the price you will pay for putting the American farmer out of business. These farmers are trying to produce safe food for you and I, and what respect are they shown? They are being put out of business by wealthy "weekenders" who can afford to throw money around to buy their "wants" while the farmers are struggling to buy their "needs". This really is a disgrace to America and what our Founding Fathers built this country on. As a retired farmer, I never dreamed I would see this day. To the Arrow Rock Group, I am praying for you each day that you may realize where your food comes from and that you will appreciate the hands that have toiled for years to feed you. Farmers feed more people today and on fewer acres. If all farmers farmed as the Amish did, there would be starving children and adults in this country. Please consider what you are pushing, the UNINTENDED consequences may hurt you first.