Attorney General's News Release

Aug. 17, 1998

Nixon notifies Murphy Family Farms of state's intent to sue for permit violations at large hog facilities

Jefferson City, Mo. — Attorney General Jay Nixon has informed officials with Murphy Family Farms Inc. of his intent to sue the corporation for allegedly failing to obtain required permits for at least four of its hog production facilities in Vernon and Barton counties. Such notice is required by law 60 days before filing a lawsuit in federal court.

In a letter to company officials in North Carolina, Nixon said Murphy Family Farms does not have operating permits for its Cyclone, Dover, Osage and Ozark facilities, and its Doylesport facility is not properly permitted. He said the corporation has not properly responded to ongoing attempts by the Department of Natural Resources to bring it into compliance on the permit issue.

"Even though there is no permit for these operations, manure accumulates daily where it could discharge or run off to waters of the United States," the letter stated. "Accordingly, we view the violations at the CAFOs (concentrated animal feeding operations) as ongoing, and we are prepared to take legal action to prevent future violations."

Nixon also expressed concerns that because the structures used to store hog wastes at the Murphy facilities have not undergone the technical review that comes with the permit process, additional violations may be present.

Another point raised by the notice letter was that the company's Cyclone, Osage and Ozark facilities, all located within sight of one another, would require a class IA permit the permit for the largest facilities and the one most protective of the environment because of the size of the hog population they were designed to hold.

Nixon said Murphy Family Farms has not been responsive to DNR inquiries about its reported attempts to divide the facilities with strips of land as a possible way to avoid obtaining a class IA permit.

Nixon told company officials that they need to expedite the permit process and that they should take necessary precautions to protect the environment until the corporation obtains the permits. He said his office was willing to negotiate with Murphy Family Farms within the next 60 days to avoid a federal lawsuit, but that any settlement would have to adequately address the violations.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818