Re: Hen house controversy.
Judge Patrick's decision was predicated on the notion that neighbors of the Western Slope Layers operation have the right to breathe the same unpolluted air they enjoyed before the chicken house began.
Two pulmonologists in Delta County and another local M.D. submitted testimony testifying to the medical problems their patients experienced after WSL began operating. Those medical problems continue today and will persist.
WSL's mode of operation requires a high humidity climate such as found in Illinois or Iowa .... all efforts on their part to reduce daily emissions have failed. Just as an orchardist cannot send his spray on his neighbor's crop or a gravel pit cannot operate in a close neighborhood because of emissions, so WSL cannot continue to pollute their neighbors' air.
Judge Patrick in a hearing in 2011, before the matter was settled before the court, said to Mr. Hostetler, "Be advised that from this day forward, anything you do, you do at your own risk." He started building the next day.
That is not a right-to-farm issue! This is about the rights of anyone who is harmed by the actions of another.