C & H Hog Farms, Inc. (Newton County, Arkansas) Proceedings: Order Denying Request for Preliminary Hearing Continuance/Motion to Reconsider


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

via JDSupra - Jan 4, 2019


Administrative Law Judge (“ALJ”) Charles Moulton issued Order No. 2 in the C & H Hog Farms, Inc. (“C & H”) Arkansas Pollution Control and Ecology Commission (“Commission”) proceedings which denied C & H’s Motion to Continue the preliminary hearing that had been set for January 4th. See Docket No. 18-004-P. (A link to the previous request can be found here.)


C & H subsequently filed on January 2nd a Motion to Reconsider Order No. 2 (“Motion”).


C & H is challenging the Arkansas Department of Environmental Quality’s (“ADEQ”) denial of an application for a Regulation No. 5 permit. 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 also involved in judicial litigation of a previously denied permit for which the facility holds and/or has applied.


ALJ Moulton’s Order No. 2 notes in part, in denying C & H’s Motion:


more, including links to Order, Motion