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Story published at magicvalley.com on Wednesday, February 20, 2008
Last modified on Wednesday, February 20, 2008 12:19 AM MST
Until the cows come home
Jerome prepares for livestock lawsuits, public hearings
JEROME - If Jerome County officials aren't already seeing cows in their sleep, they will by this summer.

In the next month, the county will hold public hearings regarding highly anticipated changes to its confined animal feeding operation ordinance, defend itself from a lawsuit brought by the state's two most powerful livestock groups and prepare to explain in court why it denied a controversial permit for a feedlot near the Minidoka Internment National Monument.

It's going to be a long spring for County Attorney Mike Seib. Earlier this month, he filed responses to a lawsuit brought by the Idaho Cattle Association and the Idaho Dairymen's Association regarding a ban on new CAFO operations in effect since May. This week, he's preparing briefs for a lawsuit brought by Eden businessman Don McFarland, who sued the county after his application for a feedlot near the monument was rejected by commissioners late last year.

Meanwhile, the county's planning commission struggles to revise the CAFO ordinance before the moratorium expires - or a judge in the industry lawsuit lifts the ban. Commissioner Diana Obenauer compared the effort to "herding cats."

Commissioners extended the moratorium in November, after the planning board said it couldn't finish the new law before the ban expired. Commissioners agreed to extend the moratorium by passing an interim ordinance - which prompted the livestock industry suit - and now the planning board is concerned it won't be finished by the time the extension expires in May.

Public hearings have been scheduled for March 10 for at least a portion of the board's proposals. Other parts of the proposed ordinance, including new rules on how far livestock must be from roads and streams and how many animals will be allowed per acre, likely won't get hearings until later this spring, said Carl Nellis, the planning board's chairman.

Officials reason a two-pronged ordinance approach is more likely to push at least parts of the new laws into effect before the moratorium is lifted and livestock producers can apply for new permits under the county's old laws.

"We still have committees that are struggling to get all the research together and all of the review and changes and recommendations approved," Obenauer said at a November meeting to extend the moratorium, according to recently filed court papers. "And that takes time. And as soon as those committees have completed their work, then we can move on."

Perhaps. A week after the ordinance hearing, Seib will appear in court to defend the county against the livestock industries, who say the moratorium extension was illegal. It could be weeks before the judge rules in the case.

Later this spring, Seib will also defend the county against McFarland, who is appealing in district court the commission's decision to deny his feedlot permit. A hearing date is yet to be scheduled in that case.

Matt Christensen may be reached at 735-3243 or at matt.christensen@lee.net.

To read Jerome County's new CAFO ordinance: www.jeromecounty.org, click on the Planning and Zoning link, then Proposed Ordinances.






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