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Kansas Ag News Headlines |
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Kansas Supreme Court Reinstates District Court Decision in Sierra Club's CAFO Challenge
Kansas Ag Connection - 06/06/2023
In a recent development, the Kansas Supreme Court overturned a previous Court of Appeals decision and reinstated a district court order from December 6, 2019. The order upheld Sierra Club's challenges to four permits that were improperly issued by the Kansas Department of Health and Environment, allowing Concentrated Animal Feeding Operations (CAFOs) to bypass minimum setbacks to surface waters.
The Supreme Court dismissed the appeal on technical grounds, stating that the permits in question had been replaced by 2021 permits, rendering the appeal moot. However, the reinstatement of the district court decision exposes the actions of CAFO owners and state regulators, suggesting manipulation of the system.
Sierra Club is now free to challenge the later permits based on the same grounds, continuing their efforts to ensure compliance with state laws and protect against contamination from swine wastes.
Key Contributors:
Craig Volland: Chapter Agriculture Chair and co-leader of the Sierra Club Grassroots Network CAFO team. Volland's dedication, extensive review of permits and documents, and drafting of comments have been instrumental in driving the organization's efforts.
Timothy Laughlin: Lead outside counsel from Schoonover and Moriarty LLC. Laughlin, mentored by attorney Bob Eye, has taken on the majority of legal work and presented the case before the Kansas Supreme Court.
Bob Eye: Original outside counsel who played a crucial role in the district court case, providing a foundation for Sierra Club's future litigation.
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