U.S. files notice of appeal in hog case

Two federal agencies that were ordered last year to redo environmental assessments on a Newton County hog farm’s impact on the Buffalo National River watershed filed a notice in federal court Friday of their intent to appeal the decision.

The U.S. Small Business Administration and the Farm Services Agency had agreed to back $3.4 million in private loans made to C&H Hog Farms in Mount Judea after the farm was found to have insufficient collateral, meaning that the agencies would foot the bill for the farm’s loans if the farm defaulted.

C&H Hog Farms is located on Big Creek, 6 miles from where it meets the Buffalo National River. Environmental activists and others have been concerned about the amount of animal waste generated at the facility in the environmentally sensitive area.

In August 2013, the Buffalo River Watershed Alliance, the Arkansas Canoe Club, the National Parks Conservation Association and the Ozark Society sued the agencies and the U.S. Department of Agriculture, arguing that the agencies failed to properly consult with other agencies, including the National Park Service, during the environmental assessment.

The assessment issued a “finding of no significant impact.”

U.S. District Judge D. Price Marshall Jr. ruled in October that the environmental assessment used by the agencies in determining whether to provide the loan guarantees was insufficient and in violation of the Endangered Species Act and the National Environmental Policy Act.

In December, Marshall gave the agencies one year to comply with the laws and put the loan guarantees on hold during that time.

The agencies had not made payments on the loans.

Attorneys for the U.S. Department of Agriculture, the U.S. Small Business Administration and Farm Services Agency had not filed the appeal in 8th Division Circuit Court as of Friday afternoon.