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October 14, 2008

Statement Regarding Opinion Given for Pork Confinement Feeding Operations


We believe this is a good compromise of this dispute about whether permits should be issued for the construction of the two pork confinement feeding operations in Dallas County.

We supported resolution of this matter by the Consent Order, Judgment and Decree entered today by Polk County District Court Judge Michael Huppert. The Consent Order resolved serious questions about the State’s grounds for denying the permits. We also were advised this morning that the Dallas County Board of Supervisors had no objection to entry of the Consent Order.

The Consent Order provides for several important steps to be taken by the Petitioners to protect the environment, steps that go farther than measures ordinarily required in the permitting process.

Among these measures: Land application of manure from the operations would be by injecting or incorporating instead of surface-application; manure must not be applied on frozen or snow-covered ground; manure must not be land-applied during wet periods of runoff; an independent licensed professional engineer must certify to the DNR that he or she supervised and inspected construction of the manure storage structures at critical points; rows of trees and a grass buffer must be planted at certain locations; and the DNR Field Office must be given at least 24-hour advance notice before manure land application. [See more details in the Consent Order, Judgment and Decree.]

The Consent Order resolved a lawsuit also filed Oct. 14 by Dallas Pork LLC and Lincoln 1 Pork LLC that asked the Court to find that the Environmental Protection Commission’s decision August 19 to deny the construction permits was without authority, unlawful and unconstitutional. [Go to lawsuit filed by Dallas Pork LLC and Lincoln 1 Pork LLC.]


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