November 29, 2018
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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C & H Hog Farms, Inc., (“C & H”) filed a November 20th pleading in Newton County, Arkansas, Circuit Court against the Arkansas Department of Environmental Quality (“ADEQ”) styled:
Motion for Order to Show Cause (“Motion”)
C & H requests that ADEQ be held in contempt because of a recent action in which the agency issued a decision denying the company a Regulation 5 permit (as described here).
The C & H facility involves the operation of a swine facility in Newton County, Arkansas. Regulation No. 5 addresses “liquid animal waste management systems.” The company and ADEQ are currently involved in both administrative and judicial litigation over certain permits (including the Regulation 5 permit) for which the facility holds and/or has applied.
C & H states that a Circuit Court stay order had been issued. It argues that ADEQ did not have jurisdiction to issue the previously referenced Regulation No. 5 permit decision. Therefore, it contends the agency is in violation of the Court’s stay order regarding Minute Order No. 18-20.
A copy of the Motion without the exhibits can be found here.
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