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Confined Animal
Feeding Operations
Confined Animal
Feeding Operations (CAFOs) are large, enclosed factory
meat-production enterprises which cause significant
pollution of the land, air and water. The Sierra Club has
good background and general information which can be located
on their website.
Click here to see their
"Rap Sheet on Animal Factories--Convictions, Fines,
Pollution Violations and Regulatory Records on Animal
Factories."
The Conservation
Leaders Network would like to thank S. Mark White for the
following information on Confined Animal Feedlot Operations.
His presentation was made at the National Association of
Counties' annual conference in 1999. He has also
provided us with the following information on a critical
case in Missouri which is not reflected in his presentation.
Mark White's presentation can be found by following
this link.
The Missouri case involved a challenge to a health ordinance
adopted by Linn County, MO which regulated the establishment
of concentrated animal feeding operations. A
copy of the opinion is included here. In essence, the
Court of Appeals' opinion rules as follows:
1) Linn County has the express authority to establish
health regulations for concentrated animal feeding
operations (CAFO's) pursuant to state statute (R.S. Mo. §
192.300)
2) The health ordinance is not a zoning ordinance. A
previous decision of the Missouri Supreme Court ruled that
zoning ordinances do not apply to CAFO's pursuant to §
64.620, RS. Mo.
3) The health ordinance does not conflict with the Missouri
CAFO statute, R.S. Mo. § 640.700, et seq. Instead, the
ordinance merely supplements the requirements imposed by
state law.
4) The CAFO statute does not completely occupy the field of
CAFO regulation, and therefore does not preclude more
stringent local regulations.
In the course of reaching its decision, the Court expressly
found that the health ordinance's distance requirements are
"rationally related to the purpose of public health
enhancement and disease prevention." (See Page 7 of the
Opinion). The opinion remains subject to a motion for
rehearing, and could be appealed to the Missouri Supreme
Court.
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