ALBANY, Ore. — A proposed large chicken farm near Scio, Ore., which could produce a total of 3.5 million birds a year, has been put on hold while state agencies reconsider its confined animal feeding operations permit.

The Oregon Department of Agriculture and the state Department of Environmental Quality are being sued over issuing the permits for J-S Ranch.

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A notice of withdrawal for reconsideration, written by Oregon Attorney General Ellen Rosenblum, was filed as part of that civil case April 19 in Linn County Circuit Court.

The agencies have given themselves until Oct. 31 to affirm, modify or reverse the permit decision. Until then, the permit is paused and no construction can begin.

Rosenblum’s notice delays a trial that had been scheduled to start May 13. The operation had been challenged over the potential for surface water and groundwater pollution.

If the agencies affirm or modify the permit, court battles likely will continue.

If the permit is denied, J-S Ranch would need to start over and comply with Linn County’s new rules under Oregon’s Senate Bill 85, passed in 2023. That includes a 1-mile setback from residential property lines.

“Under the new rules, this would never be able to go forward,” said Amy van Saun, senior attorney for the Center for Food Safety, a Portland nonprofit representing the plaintiffs in the case.

Van Saun added that J-S Ranch obtained its permits just before SB 85’s passage.

Farmer response

Eric Simon, who aims to build J-S Ranch, said he was frustrated, with his plans in limbo for at least another year.

He’s lost the summer building season, and will have to wait until 2025 even if his farm is approved.

“We don’t know what we’re going to do next. We’re sad for Oregon agriculture. It’s unfortunate. We’ve been working on it for three-and-a-half years, so you can’t do business like that,” Simon said.

“Their whole plan has been to just delay, delay, delay. And it’s kind of worked,” he said.

Simon added that Linn County essentially has declared a moratorium on large animal operations.

“Nobody could meet those 1-mile setbacks. Those are ridiculous,” he said.

Plaintiff response

Plaintiffs in the lawsuit are Farmers Against Foster Farms, Friends of Family Farmers, Willamette Riverkeeper and Christina Eastman, whose family farm is next to the J-S Ranch property.

“The neighbors and community can sigh a breath of relief this summer, knowing that for now, their farms, homes, groundwater and river are protected,” states a blog post from the Center for Food Safety.

“Unless the state does the right thing and denies this permit, we will be back in court,” the blog continues.

Eastman said she had mixed emotions about the withdrawal, as she looked forward to a trial.

“It’s one of the worst places you could ever put one of these facilities,” she said, adding that it was too close to the North Santiam River and neighbors.