Roofing company in Little River, SC

LAURENS, SOUTH CAROLINA

A group of concerned residents and property owners in Mountville are headed to the South Carolina Court of Appeals after challenging the state environmental agency’s authorization of new poultry farms along Lisbon Road. These concentrated animal feeding operations (CAFOs) would bring 16 new poultry barns to the area, which is already overburdened with 57 existing industrial poultry barns. These new barns would in total hold 528,000 broiler chickens and result in an annual litter production of 3,220 tons of manure.

On Friday, February 14, on behalf of South Carolinians for Responsible Agricultural Practices (SCRAP), the South Carolina Environmental Law Project (SCELP) filed a Notice of Appeal with the South Carolina Court of Appeals, asking the court to reverse the South Carolina Administrative Law Court’s decision to dismiss SCRAP’s case filed in July 2024, which contested the agricultural animal facility operating permits for these new poultry farms.

The permitting of additional poultry barns in the Mountville area means that the odor, air pollution, and water pollution associated with such facilities will only be further exacerbated in the surrounding environment and community. Treasures like the Little River and its tributaries, which run through the same parcel where these new CAFOs are proposed, are extremely susceptible to irreversible harm should these permits stand. The threat to the Little River is all the more serious considering that this water body is already overburdened with fecal coliform bacteria, which is caused in no small part by the poultry farms of this area. Allowing new poultry farms to be built along the Little River will further degrade it and further reduce the community’s ability to recreate, use, and enjoy the natural resources around them.

“It is most distressing to see DES permit the construction of 16 new poultry barns on soil classified as ‘poor’ for such construction, especially considering that the terrain slopes downward for 35 feet to classified wetlands only 250 yards away and located along the endangered Little River,” said Charles Blackmon, SCRAP member. “Such construction will certainly not lend itself to the cleanup of the river nor lessen the threats to health and quality of life for the community residents.”

Before SCRAP even had a chance to present these harms in court, the Administrative Law Court granted the Broilers’ motion to dismiss the case. The order of dismissal relied on a state statute passed in 2018 that attempts to block a party from contesting the issuance of CAFO operating permits in almost all circumstances. However, SCRAP and its members have the constitutional right to assert the injuries and harms they would face if these permits were to stand, and that right cannot be taken away by a statute. The constitutional guarantees of due process of law and equal protection of the laws require that SCRAP’s members be given their day in court.

“For far too many years, the Mountville community and its natural environment have perished because of the over-proliferation of poultry farms in this area,” said Emily Poole, Staff Attorney at SCELP. “SCRAP’s members, all of whom are right on the doorstep of these proposed CAFOs, challenged these additional permits in an effort to protect the environment and community they call home from the water quality problems, air quality problems, odors, pests, and other negative impacts to health and welfare that would result from the operation of these facilities. SCRAP and its members have a constitutional right to present their case in court, and we will continue to advocate for that right until they are heard.”

Posted in Announcements, News and tagged Charles Blackmon, concentrated animal feeding operations, Little River, Mountville SC, Notice of Appeal with the South Carolina Court of Appeals, outh Carolinians for Responsible Agricultural Practices, SCELP, SCRAP, South Carolina Administrative Law Court, South Carolina Court of Appeals, South Carolina Environmental Law Project, Staff Attorney Emily Poole