Supreme Court rejects appeal bid in poultry permit challenge
(AP) — Delaware’s Supreme Court has upheld a judge’s decision nixing an appeal bid by state officials in a case involving an environmental group’s challenge of permit requirements for large poultry operations.
The court on Tuesday agreed with a Superior Court judge who said the state’s motion was filed too late and did not meet legal standards for appealing a ruling to the Supreme Court before a case has concluded.
The judge sent the case back to the state Environmental Appeal Board in August after reversing the board’s determination that Food and Water Watch did not have standing to challenge the permit requirements.
The environmental group is challenging the ability of state officials to issue permits without requiring water-quality monitoring on-site and in nearby waterways for pollutants generated by animal feeding operations.