By Peggy Kirk Hall, director of agricultural law, Ohio State University Agricultural and Resource Law Program
A claim that the Ohio Department of Agriculture’s (ODA) anhydrous ammonia regulations are unreasonable and fail to protect public health and safety has again been rejected by the courts. A recent decision by Ohio’s Fifth District Court of Appeals concluded that the challenge by Sharon Township’s Board of Trustees in Medina County failed to establish a valid legal claim.
The case raised considerable controversy in Sharon Township, where the owner of South Spring Farms requested ODA approval to install a 12,000-gallon anhydrous ammonia storage tank. Ohio law grants ODA the authority to adopt rules concerning the handling and storage of anhydrous ammonia and other fertilizers and also prohibits any local regulation of fertilizers. ODA created anhydrous regulations in the late 1970s; those regulations require ODA approval of the location and design of a stationary ammonia system.… Continue readingRead More »