C&H Hog Farms, Inc. Permit Denial/Regulation 5 Issues: Arkansas Governor Hutchinson Meets with State Agricultural Leaders

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Arkansas Agricultural Department (“AAD”) issued a February 1st news release noting that Governor Hutchinson and Arkansas Agriculture Secretary Wes Ward met with State Agricultural Leaders to discuss the Regulation 5 permitting process.

A key issue discussed at the meeting was stated to include both Arkansas Pollution Control and Ecology Commission Regulation 5 permits and the Arkansas Department of Environmental Quality denial of such a permit for C&H Hog Farm in Newton County, Arkansas. (See previous blog post.)

An individual meeting was stated to have been first held with leadership from the Arkansas Pork Producers Association addressing the C&H Hog Farm permit denial. Subsequently, a discussion with other State agricultural leaders was held and included:

  • Dairy Industry
  • Arkansas Pork Producers Association
  • Arkansas Cattlemen’s Association
  • The Poultry Federation
  • Arkansas Forestry Association
  • Agricultural Council of Arkansas
  • Arkansas Association of Conservation Districts
  • Arkansas Rice Federation
  • Arkansas Soybean Association

The new release notes that Arkansas currently has 221 active Regulation 5 permits which encompass agricultural operations. 156 of these permits were stated to be for swine operations.

The news release notes that:

During the meeting Governor Hutchinson assured the group that this decision does not indicate a policy change by the administration and it does not hold implications for other Arkansas agricultural operations. The Governor praised the decision by the Arkansas Pollution Control and Ecology Commission (APC&E) to grant a stay that allows the farm to continue operating throughout the appeal process. The Governor also reaffirmed his position that he fully supports the farm operators being able to supplement the record in order to provide any missing or incomplete information as the decision goes through the appeal process.

A copy of the new release can be downloaded below.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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