The Missouri Supreme Court docket dominated this week {that a} state legislation stopping counties from imposing laws on concentrated animal feeding operations (CAFOS) doesn’t violate the state’s Structure. The unanimous determination upholds a former ruling by a Cole County Circuit Court docket ruling.
In Might 2016, Cedar County Fee adopted a public well being ordinance regulating CAFOs. In 2019, the Missouri Senate handed a Senate Invoice 391 prohibiting counties from imposing guidelines on CAFOs which might be “inconsistent with or extra stringent than” state legislation or regulation.
In August 2019, simply two weeks earlier than the invoice went into impact, Cooper County Public Well being Middle enacted a regulation that imposed air and water high quality requirements on CAFOs.
In Might 2021, the Missouri Home handed Home Invoice 271, a invoice just like the senate invoice.
Cedar County Fee and Cooper County Public Well being Middle, Associates of Accountable Agriculture and three Missouri farmers filed a lawsuit in opposition to Gov. Mike Parson, the Missouri Air Conservation Fee and Missouri Clear Water Fee to declare the laws unconstitutional, arguing that it conflicted with the state’s Proper-to-Farm Modification that provides authority to counties to control agriculture. It additionally sought a everlasting injunction prohibiting the implementation and enforcement of the state legislation. Missouri Farm Bureau, the Missouri Pork Affiliation and the Missouri Cattlemen’s Affiliation had additionally been named as defendants however have been ultimately dismissed from the case.
This week, Missouri Supreme Court docket upheld the circuit courtroom determination in favor of the state, ruling that the laws doesn’t violate the Proper-to-Farm Modification by conflicting with the counties’ article VI powers as a result of these powers are solely as broad or as slender because the state legislature desires them to be.
In a joint assertion, Missouri Farm Bureau, Missouri Cattlemen’s Affiliation, Missouri Pork Affiliation, Missouri Soybean Affiliation and Missouri Corn Growers Affiliation expressed gratitude for the ruling.
“This ruling ends a long time of authorized uncertainty which have stifled Missouri’s farm and ranch households from rising their operations. They now have much-needed certainty to supply meals for our communities and the world, ruled by sound science, as supplied for in state legislation,” the teams said, including that the ruling makes it clear that native well being ordinances should observe state legal guidelines and laws.
“We’re grateful for Governor Parson’s assist for SB 391 and HB 271, Senator Schmitt for his work on this subject as lawyer normal, and legislators like Senator Bernskoetter and Consultant Haffner for his or her robust assist for agriculture all through this course of.”
