An appeal over an approved permit modification for land application of hog manure as fertilizer was dismissed by the Arkansas Court of Appeals last week.
Attorneys for Ellis Campbell of EC Farms argued that the appeal filed by three Newton County residents was not timely because it occurred more than 30 days after the lower court’s order.
A Newton County circuit judge upheld the department’s decision Jan. 10. The appeal was filed Feb. 12.
Both parties agreed that the 30-day requirements began Jan. 11, but EC Farms argued the deadline to appeal was Feb. 9 and the appellants said that day was Feb. 10, a Saturday.
Including Jan. 11, Feb. 9 is the 30th day.
The Court of Appeals dismissed the appeal with no written brief.
Carol Bitting, Lin Wellford and Nancy Haller appealed the Arkansas Pollution Control and Ecology Commission’s decision to allow EC Farms to modify its permit to accept manure from C&H Hog Farms’ for land application without opening the request to public comment.
EC Farms modified its permit through a minor modification process, which does not require a comment period, rather than a major modification process, which does.