Summary of a Recent
Judicial Development in
Animal Feeding Operations

State Department of Environmental Management's Authority
to Issue CFO Permits

Walt McCarter
National AgLaw Center Research Associate

Summary of Decision

In Save the Valley, Inc. v. Fergus, 896 N.E.2d 1205 (Ind. Ct. App. 2008), the Indiana Court of Appeals held that a trial court lacked subject matter jurisdiction to entertain the plaintiffs' request for an injunction to prevent the construction of a confined animal feeding operation (CFO) because the Indiana Department of Environmental Management had been charged with the responsibility of regulating such operations.

Background

After the Indiana Department of Environmental Management (IDEM) issued a permit to allow the defendant to construct a CFO, the plaintiffs brought an action for declaratory and injunctive relief to prevent its construction. Id. at 1206. The trial court dismissed their case for lack of subject matter jurisdiction, and the plaintiffs appealed. Id.

Arguments

The plaintiffs alleged that operation of the CFO would cause irreparable harm to themselves and their property, and also claimed that the defendant had not begun construction within two years of approval as required by statute. Id.

Analysis and Holdings

The trial court found it clear that the Indiana General Assembly had charged IDEM with the responsibility of regulating potential harm from the operation of CFOs, and therefore the trial court did not have jurisdiction to hear the plaintiffs' request for an injunction. Id. at 1207.

The case was decided on November 26, 2008.