May 23, 2012

Attorney General plans to appeal funeral protest ruling, Senate leader says ruling is ‘disappointing’ (AUDIO)

Attorney General Chris Koster says he will appeal a federal judge’s ruling that struck down the state’s restrictions on protests at military funerals.

Koster says the ruling against the funeral protest law won’t end the legal battle.

“We do intend to appeal the funeral protest decision,” Koster told reporters during a break in the Lake of the Ozarks water quality symposium at Tan-Tar-A resort. “Judge Gaitan’s hands were tied. There is a fairly restrictive 8th Circuit opinion that really directed his decision in this matter.” [Read more...]

Concerns about Lake of Ozarks to be discussed (AUDIO)

State officials meet for the next two days at Tan-Tar-A to discuss the quality of the water at the Lake of the Ozarks and how to improve it.

Attorney General Chris Koster has scheduled the symposium to address a couple of issues.

“One is this constant drip, drip, drip of news stories related to E. coli on the public beaches. While it is important, (it) is only part of the story,” Koster tells the Missourinet. “The long-term environmental road map that the Lake of the Ozarks faces has some challenges, because of population growth and other different pollution issues.”

Koster says he wants to take a scientific, not a political look, at the problems. The administration of Governor Nixon withheld information about E. coli bacteria contamination at Lake of the Ozarks beaches over concerns about how it might affect tourism at one of the state’s top attractions. A state Senate committee investigated. In its conclusion, the committee called the Department of Natural Resources an agency in chaos that lacked leadership.

Nixon suspended DNR Director Mark Templeton, eventually reinstating him. Deputy Director Joe Bindbeutel took full responsibility for withholding the information during testimony before the committee. Nixon later unveiled a series of steps to improve water quality at the Lake of the Ozarks.

Much speculation has centered on how the various problems at the Lake of the Ozarks have arisen. And though Koster says the symposium won’t focus solely on the E. coli problem, that issue naturally arises, as does a crucial question to resolving it.

“Is this coming from geese and deer and other animal wildlife that is in the surrounding landscape or is it coming from human septic systems?” Koster asks.

The symposium hopes to produce a report with findings and suggested steps to resolve problems prior to the state legislature returning to the Capitol next year.

AUDIO: Brent Martin reports 1:15 MP3

Major hog producer gets another month to comply (AUDIO)

A major hog producer in northern Missouri has a month to reach agreement with the state on how best to reduce odor from its hog farms.

Premium Standard Farms filed a motion in Jackson County Circuit Court with a proposal to reduce pollution and odor at 11 concentrated hog farms in northern Missouri. The Attorney General’s office countered with a memorandum in opposition.

Deputy Attorney General Joe Dandurand says the two sides have agreed to negotiate, since PSF cannot comply with the original July 31st deadline for environmental compliance.

“Because of that impossibility and because we do believe that good faith efforts have been made on their part to come to an agreement with this team about what needs to be done. Then, we recognize that if they’re willing to do what was recommended, they’re going to need a little more time to do it and that’s what we want to try to accomplish,” Dandurand tells the Missourinet.

Dandurand says the sticking point is odor. He believes the two sides are very close to resolving the issue with PSF getting more time to comply.

How would Dandurand characterize negotiations with PSF?

“In a word, I would say that they have been fruitful and I’m cautiously optimistic that we’re going to get this agreed to,” according to Dandurand.

Premium Standard entered into a consent agreement with then-Attorney General Jay Nixon in 1999 in which the company agreed to install “Next General Technology” to deal with complaints from neighbors about the impact of its huge hog confinement operations, especially the odor they produce. Another consent judgment in 2004 extended the deadline for installing the technology until July 31st, 2010. After the deadline passed, the Attorney General’s office agreed with PSF to extend the deadline to September 1st.

AUDIO: Brent Martin reports [1:15 MP3]

Lawsuit filed over school and ambulance district construction contracts

An organization representing non-union construction industry companies and their employees is involved in a legal challenge against the Office of Administration, the Attorney General, and others over two projects the organization claims are in violation of a 2007 Missouri law prohibiting the awarding of union-only construction contracts for publicly-funded projects without public scrutiny. The Heart of America Chapter of Associated Builders and Contractors has filed the lawsuit ABC Lawsuit in Cole County Circuit Court alleging the actions of the Bayless School District in St. Louis and the St. Charles County Ambulance District were illegal. [Read more...]

Letter ends long-running Blunt Administration dispute

A letter written by Attorney General Chris Koster ends a long-running dispute between the administration of former Governor Matt Blunt and one of his top attorneys. Koster has signed a letter clearing former Blunt Administration attorney Scott Eckersley of any wrongdoing. Eckersley’s defamation of character suit against Blunt and some of his former staff members was dismissed in May. Eckersley received a $500,000 settlement from the state.

Eckersley filed suit against the administration in 2008, claiming the administration wrongly fired him and maligned his character after he warned it that the governor’s e-mail policy violated the state Sunshine Law.

The St. Louis Post-Dispatch reports that Koster withheld the letter from Eckersley until Eckersley promised to pay $200,000 to his attorneys, part of the Strong, Garner and Bauer law firm of Springfield. The law firm is closely tied to the Democratic Party. Koster is a Democrat. Koster’s office, though, denies his actions had anything to do with political considerations. The office says Koster merely wanted to make sure that the state wasn’t on the hook for any more legal fees.