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PRESTAGE FARMS v. BD. OF SUPERVISORS OF NOXUBEE CO.

Nos. 1:98CV190-D-D, 1:98CV216-D-D.

23 F.Supp.2d 663 (1998)

PRESTAGE FARMS, INC., Plaintiff, v. The BOARD OF SUPERVISORS OF NOXUBEE COUNTY, MISSISSIPPI, The Board of Supervisors of Chickasaw County, Mississippi, The Board of Supervisors of Monroe County, Mississippi, Defendants. and William B. HILL and Samuel T. Gore, Plaintiffs, v. The BOARD OF SUPERVISORS OF CHICKASAW COUNTY, MISSISSIPPI, Defendant.

United States District Court, N.D. Mississippi, Eastern Division.

October 6, 1998.

Attorney(s) appearing for the Case

Anna Catherine Pipkin, Tupelo, MS, for Prestage Farms, Inc., William B. Hill, Samuel T. Gore.

Tommie S. Cardin, Jackson, MS, for Noxubee and Chickasaw Counties.

John M. Creekmore, Amory, MS, for Monroe County.

OPINION

DAVIDSON, District Judge.

Since 1985, concentrated swine feeding operations have been regulated by the Mississippi Department of Environmental Quality through the Mississippi Commission on Environmental Quality. Miss.Code Ann. § 49-17-29 basically requires anyone involved in an activity that pollutes the air or water to get a permit from the Mississippi Environmental Quality Permit Board. In 1998, Senate Bill 2895 was passed and amended...

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