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C & H Hog Farms, Inc. (C & H) has filed responses to certain Arkansas Department of Environmental Quality (“ADEQ”) motions in its appeal of the agency’s denial of a Regulation 5 permit for its sow-farrowing facility in Newton County, Arkansas.
C & H’s three motions are styled:
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C & H Hog Farms, Inc.’s Response to ADEQ’s Motion to Dismiss Request for Declaratory Judgment
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C & H Hog Farms, Inc.’s Consolidated Reply/Response to ADEQ’s Response to C & H’s Motion for Summary Judgment
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C & H Hog Farms, Inc.’s Response to ADEQ’s Motion to Dismiss Appeal
The respective arguments made in two of the motions include:
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C & H Hog Farms, Inc.’s Consolidated Reply/Response to ADEQ’s Response to C & H’s Motion for Summary Judgment
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Response to Statements of Undisputed Facts and Additional Statements of Undisputed Facts
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C & H’s Coverage Under the Expired General Permit Continues Until ADEQ Issues an Individual NPDES Permit or Terminates C & H’s Coverage through Enforcement
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C & H Hog Farms, Inc.’s Response to ADEQ’s Motion to Dismiss Appeal
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C & H Does Not Dispute ADEQ’s Authority to Deny a Permit, But Does Insist that ADEQ Follow the Applicable Laws and Procedures When Doing So, and that the Legal Implications of Denying a Permit be Appropriately Implemented
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C & H Has Adequately Alleged that ADEQ’s Permitting Decision Was Improper
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ADEQ’s Permitting Decision Was Not Proper
Administrative Law Judge Charles Moulton has scheduled for April 30th at 10:00 a.m. in the Arkansas Pollution Control and Ecology Commission room at ADEQ a hearing on the various motions that have been filed in the proceeding.
A copy of the three motions (except for exhibits) and Judge Moulton’s Scheduling Order can be downloaded below.
C & H Hog Farms, Inc.’s Response to ADEQ’s Motion to Dismiss Request for Declaratory Judgment
C & H Hog Farms, Inc.’s Consolidated Reply/Response to ADEQ’s Response to C & H’s Motion for Summary Judgment
C & H Hog Farms, Inc.’s Response to ADEQ’s Motion to Dismiss Appeal
Scheduling Order
