CAFO's vs Cole County Circuit Court Judge Patricia Joyce

The Joplin Globe, Wednesday, September 28, 2008 reported that Judge Joyce's Cole County Circuit Court ruling, which prohibits construction of CAFOs within 15 miles of Missouri State Parks and Historic sites, is about to be tested.

In her ruling, Judge Joyce said the construction of confined-animal feeding operations near state parks and historic sites poses an unacceptable health risk because of “odors and volatile and dangerous airborne pollutants” emitted by them. She cited reports by the United Nations, the World Health Organization and the U.S. Environmental Protection Agency to support her position.

In declaring that the Missouri Department of Natural Resources (MDNR) had failed to protect Missouri’s state parks and historic sites, Judge Joyce also stripped away the department’s ability to issue new CAFO permits. The judge said she was in charge of that now. But since that ruling MDNR has issued two construction permits for poultry CAFOs that opponents say might be within 15 miles of Big Sugar Creek State Park in McDonald County.

CAFO permits: Russell Renner-Anderson,(McDonald Co.) MO. 64831, and Steve Renner-Anderson, (McDonald Co.) MO 64831

Renee Bungart, spokeswoman for MDNR, said the permits were issued on Sept. 15. She provided the following statement: “The Missouri Department of Natural Resources respects the court’s authority and will take all necessary actions to ensure compliance with its recent ruling. The department is carefully reviewing each CAFO permit application prior to issuance to ensure that it will not violate the court’s ruling. When applications are believed to be outside the scope of the court’s ruling and when they meet all regulatory requirements and demonstrate that the operation will protect water quality, the department is obligated by law to issue the permit.’’

Asked specifically about the 15-mile buffer around Big Sugar Creek State Park, Bungart said in a prepared response: “The department is unable to comment further on your questions due to pending litigation.’’

Big Sugar Creek State Park