Idaho judge upholds controversial feedlot permit

JEROME (AP) - A 5th District judge has upheld a permit for a controversial 13,000-animal feedlot near a national historic site where Japanese Americans were confined during World War II.

Judge Robert Elgee handed down the ruling earlier this month, saying opponents to the feedlot failed to show they were harmed by the county's decision to allow the dairy on land near the Minidoka National Historic Site. The Times-News reports the ruling clears the way for South View Dairy to move forward with the feedlot, barring any appeals or a challenge from the National Park Service.

Big Sky Farms first sought permission for the feedlot three years ago, and later the permit was transferred to South View Dairy. But opponents, including neighbors of the site and a coalition of state and national advocacy groups, have fought to keep the feedlot from opening, citing the potential for odor and flies. They also say a law, enacted about 10 years ago allowing only those who live within one mile of a proposed feedlot to comment during the permitting process, is unconstitutional.

Though Elgee agreed that property farther than one mile away can be affected by confined animal feeding operations, he found that the plaintiffs provided no persuasive evidence for him to counter the law.

Plaintiff attorney Charlie Tebbutt said the judge's decision trampled private property rights and didn't protect the historic site. The county's mistakes were "all over the board," Tebbutt said, and the county attorney made mistakes that the judge should have corrected.

"One commissioner got it and the other two punted," Tebbutt said. "The commission blew it, period."

Tebbutt said he plans to discuss a possible appeal with his clients.