Judge strikes down Missouri anti-CAFO ordinance
A county circuit judge has ruled in favor of farmers and landowners over Cooper County’s regulation VI impacting Concentrated Animal Feeding Operations.
Cooper County Judge Robert Koffman struck down Cooper County health board’s regulation VI for being prohibited by state law because it would add more stringent local ordinances on CAFOs.
The health board is arguing Missouri Senate Bill 391 and Missouri House Bill 271 are unconstitutional for limiting local regulation power.
The Cooper County farmers group attorney, Brent Haden, tells Brownfield it’s up to the Cooper County Health Board and others pushing for the regulation to appeal the ruling.
“Obviously, if that becomes a final order, we’d be just fine with it,” he said. “But I would anticipate the other side is likely going to appeal this decision.”
The case would then move to the Western District Court of Appeals. Haden said there’s potential the case follows its sister case in Cole County to the Missouri Supreme Court.
Haden said if there is an appeal, he looks forward to having that position vindicated in the court of appeals.
“For our farmers, we want to get to the end of litigation as quickly and economically as possible so they can get back to doing what they do best; running their farms and feeding America,” he said.
Haden said next for his team is a trial in August on alleged Missouri Sunshine Law violations by the Cooper County Health Board in their attempt of creating the regulation.