Other Views: Toughen hog farms regulations

Kansas City Star

Large-scale animal feeding farms create odors plus air pollution that threatens human health. There appears to be no dispute about this from Missouri’s Department of Natural Resources, which is supposed to regulate these operations.

Yet the department won’t restrict these operations for these problems.

It claims it has no authority. As a result, several state parks and historic sites are threatened.

Last week (Aug. 25) a Cole County circuit judge tried to set the department straight. Judge Patricia S. Joyce ruled that the state could not allow a hog farm within 15 miles of Arrow Rock, a charming state historic site enjoyed by 140,000 visitors a year.

Because state regulators “have a history” of failing to enforce similar orders by the state’s Administrative Hearing Commission, Joyce said she would retain jurisdiction in the case to make sure her ruling is followed.

Hooray for the judge.

Missouri lawmakers should get on the agency’s back, too. They should force regulators to do a better job, and pass a law that forbids confined-animal operations near public recreational facilities. They also should protect the ability of communities to regulate animal operations without state approval.

Earlier, the department allowed a big chicken operation to locate near Roaring River State Park, threatening the spring there. In that case a state commission had prohibited the farm’s construction. But the DNR refused to enforce the order.

Doyle Childers, department director, said Joyce’s ruling was an example of judicial activism and likely meant he couldn’t grant permits for such operations elsewhere.

The claim of judicial activism is getting old. That’s what the Republican administration in Jefferson City says every time it gets a court ruling that doesn’t go its way. In fact, Joyce had little choice but to rule as she did. The department ignored opportunities to present its side of the case.

Missouri has an obligation to protect its parks for residents and visitors to enjoy. When it comes to considering site locations for smelly animal operations, the state is doing a lousy job.

The court’s decision is welcome. The state should not appeal.