In a not-surprising action, the Appellate Court, on Dec . 22, affirmed the Jo Daviess County judge’s questionable decision that karst (fractured limestone), while it visibly exists all around the proposed dairy site, may not exist directly under the 39 acres of proposed manure lagoons.
This decision relied on Bos’ paid engineers over testimony by professional state geologists from the Illinois State Geological Survey (ISGS). It’s kinda like putting the fox in charge of the chickens and believing it over the bleeding chickens that he didn’t do it.
This means that the mega-dairy can resume construction (but it may not operate until it meets IEPA and USEPA requirements).
In addition, the higher court also agreed with Judge Ward that the Ill. Department of Agriculture’s actions or decisions cannot be directly challenged by citizens of Illinois; in effect, the IDOA has been appointed as “czar” over anything in the agriculture realm, and citizens “have no standing” to ask the court to review a decision by a state agency to make sure that agency properly followed Illinois law. Well, there goes democracy.