ODA files appeal to stop Ohio Fresh Eggs from getting permits back

SALEM, Ohio – The Ohio Department of Agriculture continues its fight with Ohio Fresh Eggs, this time filing a court appeal to keep the farm from getting its permits back.

Agriculture Director Robert Boggs filed the appeal with the 10th District Court of Appeals in Franklin County Sept. 21.

Previously, on Aug. 23, the Ohio Environmental Review Appeals Commission returned the farm’s permits to install and permits to operate after it determined the farm didn’t falsify information in the applications.

The department of agriculture had 30 days to appeal that decision.

Evaluate and uphold

“The Attorney General’s Office and our legal staff have carefully reviewed the findings of the commission, and decided to appeal,” Boggs said.

“We are hopeful that the appeals court will thoroughly evaluate the case and uphold our original decision to revoke the farm’s permits based on incomplete information on the original application.”

Back and forth

In November 2006, the agriculture department revoked all the farm’s permits, saying egg farm operators should have divulged the name of an anonymous investor in the company.

The anonymous investor turned out to be Austin “Jack” DeCoster, a farm operator labeled a “habitual” and “chronic” violator of Iowa’s environmental laws.

State Livestock Environmental Permitting Program officials typically run background checks on individuals whose names are listed on permit applications. It was assumed if DeCoster’s name appeared on permitting applications, the state would either delay or deny permits for the farm.

Another appeal

The egg farm appealed that ODA decision to the Environmental Review Appeals Commission, which voted to return the farm’s permits in late August.

The current request with the court in Franklin County seeks to enforce ODA’s decision to revoke all the farm’s permits for sites in Hardin, Wyandot and Licking counties.

Related coverage:

ODA decision reversed: Ohio Fresh Eggs gets permits back (8/30/2007)

EPA slaps Ohio Fresh Eggs with fines (2/22/2007)

State revokes egg farm permits (12/7/2006)

Egg farm may have permits yanked (11/30/2006)

Ohio Fresh Eggs ordered to destroy 4.3 million eggs at Croton facility (3/9/2006)

State threatens to yank permits from Ohio Fresh egg farm (10/6/2005)

Croton, Ohio, farm: Ohio Fresh Eggs ordered to clean up, pleases inspector within 24 hours (8/18/2005)

Ohio Department of Agriculture proposes fines for Ohio Fresh Eggs (6/23/2005)

Group wants moratorium on CAFOs in Ohio (12/9/2004)

Buckeye Egg settles with EPA (3/4/2004)

Ohio Fresh Eggs marks new beginning at Buckeye Egg (2/12/2004)

ODA issues final permits to Ohio Fresh Eggs for Croton Egg Farm (12/31/2003)

Buckeye Egg Farm’s sale of northern barns gets preliminary OK (12/11/2003)

EPA taking Buckeye Egg to court (11/26/2003)

Manager files permits to take over egg farms (11/13/2003)

Buckeye Egg barns start closing Nov. 20 (10/30/2003)

Buckeye Egg Farm closure stands (10/23/2003)

Egg farm pushes new ways of business (9/11/2003)

Buckeye Egg Farm awaits state appeals board’s decision (9/11/2003)

Buckeye Egg hens to keep laying during appeal (7/31/2003)

Buckeye Egg management not all it’s cracked up to be, citizens group says (7/17/2003)

Buckeye Egg Farm ordered to close barns (7/17/2003)

Dailey yanks Buckeye Egg permits (8/22/2002)

Two Ohio egg handlers pay for inspection violations (8/8/2002)

State tries to close Buckeye Egg Farm (5/9/2002)

Composting could have helped Buckeye Egg (9/27/2001)

Buckeye Egg neighbors awarded $19.2 million (9/13/2001)

Buckeye Egg cited again in new episodes (8/9/2001)

New charges against Buckeye for noxious flies (5/17/2001)

Buckeye Egg fined $1.36 million (1/18/2001)

Livestock get a new lease on life (10/26/2000)

Ohio plans to seize assets of egg farm (10/24/2000)

Buckeye Egg Farm has long history of problems (10/24/2000)

OEPA investigating yet another spill at egg farm (10/24/2000)

About the Author

Former staff reporter Andrea Zippay wrote for Farm and Dairy from 2001 to 2009. More Stories by Andrea Zippay

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