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Conservation Leaders Network
PO Box 46
Wedderburn  OR  97491
541.247.8079
541.247.9521 (fax)

info@conservationleaders.org

   

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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