North Carolina Appeals Court Upholds Waste-to-Energy Plans on Hog Farms
In a recent decision, the North Carolina Court of Appeals has sided with the state’s Department of Environmental Quality (DEQ) and Murphy-Brown LLC, allowing them to proceed with plans to harness energy from animal waste, reports the Associated Press (AP).
The unanimous ruling by a three-judge panel rejected challenges from environmental groups, emphasizing that the permit applications were appropriately scrutinized before approval.
Murphy-Brown LLC sought permits for four hog farms in Duplin and Sampson counties to construct anaerobic waste digestion systems in December 2019. These systems would cover portions of open-air lagoons containing animal waste, enabling the capture of methane and other biogas for energy production.
The permits were initially challenged by two environmental groups, the Environmental Justice Community Action Network and Cape Fear River Watch.
The groups argued that the approved permits did not adhere to the strict pollution limits mandated by state law. They contended that the permits would result in increased pollution, posing a threat to the water sources relied upon by their members, AP reports.
The groups claimed that DEQ failed to consider certain environmental standards outlined in state law, emphasizing the requirement for the utilization of waste treatment and disposal alternatives with the least adverse impact on the environment.
Despite the environmental groups appealing DEQ's authorizations in 2021 to an administrative law judge and a Superior Court judge, both appeals were unsuccessful.
Writing for the panel, Judge Jefferson Griffin stated that DEQ was not obligated to consider the standards presented by the permit opponents. He highlighted that state law provides a regulatory process with less burden for such operations, along with its own requirements for best management practices and performance standards.
The ruling is tempered by the fact that DEQ later issued general permits for three of the four farms, superseding the previous permits but still allowing the construction of anaerobic digesters. The environmental groups have filed separate, pending challenges against these new permits, the opinion notes.
Additionally, the opinion says a state law that took effect in October emphasizes the necessity for a distinct permit process for animal waste management systems, separate from permits for other sources of water pollution.
The North Carolina Appeals Court's decision signifies a legal victory for hog farms seeking to harness energy from animal waste. Despite environmental concerns raised by advocacy groups, the court ruled that the permit applications underwent appropriate scrutiny and adhered to state regulations.
However, the ongoing challenges against the new permits indicate that the debate over the environmental impact of hog farm waste management systems is far from over.
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