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Missouri Legislature Limits County Restrictions on CAFOs

03/26/2023

The Supreme Court of the State of Missouri has ruled as constitutional a state law prohibiting counties from imposing restrictions on hog facilities.  This ruling affirms the decision of the Cole County Circuit Court.

 

In May 2016 the Cedar County Commission introduced a public health ordinance to regulate CAFOs. Following this action, the Missouri General Assembly enacted legislation enjoining counties from passing regulations that imposed stricter requirements than those specified in state law.

 

Cooper County subsequently enacted air and water quality standards applicable to CAFOs that would have prevented establishment of a hog operation. Developers of the proposed complex appealed the restrictions and the constitutionality of the regulation, citing the Right-to-Farm Amendment to the Missouri Constitution.

 

The decision by the Missouri Supreme Court will now permit erection of poultry and hog CAFOs in the state provided that these projects conform to state laws and regulations.