Summary
The North Dakota Supreme Court affirmed a district court judgment upholding the North Dakota Department of Health’s issuance of an animal feeding operation permit to Rolling Green Family Farms. The Court held that the Department erred by failing to apply its own rule requiring concentrated animal feeding operations to obtain a NDPDES permit, but concluded remand would be futile because the rule was more stringent than corresponding federal regulations and the permit would ultimately be available. The Court also held that the Department did not abuse its discretion by declining to reopen the public comment period and that the landowners failed to establish a due process violation.
Court
Supreme Court of North Dakota
Jurisdiction
North Dakota
Decision date
August 30, 2017
Docket number
20170089
Disposition
affirmed
Questions Presented
- Whether the Department was required to require Rolling Green, a concentrated animal feeding operation, to obtain a NDPDES permit under the Department’s administrative rules.
- Whether the Department erred by failing to apply its own rule requiring concentrated animal feeding operations to obtain a NDPDES permit.
- Whether the Department abused its discretion by failing to reopen the public-comment period after Rolling Green submitted supplemental information.
- Whether the landowners established a protected property interest and a due process violation based on the Department’s permitting process.
Holdings
- Rolling Green was a large concentrated animal feeding operation under the Department’s rules, and the rules required all concentrated animal feeding operations to obtain a NDPDES permit.
- The Department erred by failing to apply its validly adopted rule requiring a CAFO to obtain a NDPDES permit, even though the rule was more stringent than current federal regulations.
- The Department did not abuse its discretion by declining to reopen the public-comment period after receiving supplemental information from Rolling Green.
- The landowners failed to establish a due process violation because they did not show that the permit deprived them of a protected property interest.
Court Document
Open PDFLoading document…