Delaware Court Rejects State's Appeal in Large Poultry House Case

Sep 26, 2018

Credit Don Rush

DOVER, Del. (AP) - A Delaware judge has nixed an appeal by state officials in a case involving an environmental group's challenge of permit requirements for large poultry operations.

The judge on Monday denied the state's request to send the case directly to Delaware's Supreme Court. The judge said the request was both untimely and did not meet legal standards for interlocutory appeals.

Last month, the judge sent the case back to the state Environmental Appeal Board after reversing that panel's 2017 determination declaring that Food and Water Watch did not have standing to challenge the permit requirements.

The environmental group is challenging the ability of state officials to issue permits without requiring water quality monitoring both on-site and in nearby rivers and streams for pollutants generated by concentrated animal feeding operations.