2025 Arkansas Legislative Update

    In November of 2024, just prior to the legislative session, we were advocating for public notification language to be restored to Rule 5 for permitting large swine CAFOs.   There was strong public response (thanks to many of you).  Rule 5 was finally withdrawn by the Department of Agriculture for “additional review.”  The rules review process was then suspended as a result of the start of the legislative session, which apparently is standard protocol.  The question of public notification in Rule 5 would go on hold, to be addressed following the adjournment of the 2025 legislative session.

    The Arkansas Legislature then went into session.  Almost immediately, Senator Blake Johnson of Clay County, introduced SB84 “to prohibit a moratorium on the issuance of permits in watersheds.”   The specific target of SB84 was the moratorium on hog CAFO permits near the Buffalo.  Our coalition of conservation organizations (Ozark Society, Buffalo River Watershed Alliance, Arkansas Canoe Club, and the National Park Conservation Association) all mobilized members to oppose SB84 by writing the Senate Agricultural Committee members.   The bill would appear on the Senate Ag Committee’s agenda each week, with plenty of attendees present to testify.  Senator Johnson would consistently fail to show, pushing it forward to the following week.   The committee chair eventually placed SB84 on the “deferred” list.

     Just when we thought it might be dead, Senator Johnson filed SB290.  Where SB84 would simply outlaw moratoriums, SB290 required that all existing moratoriums be subject to review by the House & Senate Rules Committees, a different avenue for getting them eliminated.  After a similar string of no-shows, Senator Johnson appeared for testimony requesting a “do pass” of SB290.  Members of Senate Ag suggested that SB290 would run afoul of the Administrative Procedures Act.  It was at this point that Senator Johnson mentioned in his testimony that Arkansas Farm Bureau had crafted his bill, perhaps deflecting responsibility.  As it turned out, the elimination of the moratorium in the Buffalo watershed, was a top Farm Bureau priority.   

     Johnson withdrew SB290, submitting an amended version placing expirations on existing moratoriums.   This passed a voice vote in Senate Ag, though we later learned that it would have failed with a roll call vote.  It then passed the House Ag Committee by a single vote.  In response, conservation organizations began asking their members to write appeals to Governor Sanders.  We know that a whole lot of you did!

    Governor Sanders halted the process and pressed Johnson to accept “cut-outs” for existing moratoriums, suggesting that she would veto the bill in its current form if he did not work with her.  Under pressure, Johnson accepted the cut-outs, allowing the Buffalo River moratorium to remain intact.  Governor Sanders deserves the credit for making this happen.

     Now that the legislature has adjourned, Rule 5 is again up for review by the Legislative Rules Committee, still with all public notification language removed.  Ozark Society members have been recently writing appeals to Governor Sanders asking that public notification language be restored as it originally appeared in Rule 5.   The good news is that Rule 5 has been recently withdrawn once again.  We are hopeful that Secretary Wes Ward and Governor Sanders are reconsidering the addition of public notification options.  Fingers crossed.