Few Chicago area residents have heard of Nora, Ill. In the rolling hills of the northwestern part of the state, residents enjoy the rural lifestyle and relaxing country setting about 140 miles west of Chicago.

But, last year, more than 500 residents attended an informational meeting held by the Illinois Department of Agriculture (IDOA) to discuss a proposal from A.J. Bos, a California businessman.

Bos intends to use land he purchased in Nora to build an approximately 5,500-head dairy cattle facility. Some residents of Nora and the surrounding communities oppose the proposal because they believe it will negatively effect the area’s environment, public health, tourism, economic development, family farms and animal welfare.

Nora resident Todd Sargeant, whose property is almost entirely surrounded by Bos’ land, is dismayed by the plan. If the dairy is built, he’s afraid that the property on which he’s worked his whole life could be worthless, and he and his family could be at risk for health problems associated with air pollution or concentrated animal feeding operations (CAFOs).

Sargeant and others formed Helping Others Maintain Environmental Standards (H.O.M.E.S.) in hopes of keeping the proposed facility from being built. Of the many arguments posed against the facility, their environmental concern may be their secret weapon.

Thousands travel to Jo Davies County each year, and not just for the relaxed country setting with historic charm. Nora is just off the Stagecoach Trail. The unglaciated area offers many fascinating geological features including caves, lakes and rivers. Some tributaries of Apple River, the namesake of Apple River Canyon State Park, run directly from Bos’ land.

Areas like Jo Davies are referred to as karst regions, where a thin layer of soil covers bedrock with cracks running through it to a cave or aquifer. Think of a slice of karst topography as a brick wall. Where the mortar is in the wall, there are cracks in the karst’s bedrock. Water runs quickly through to this space to the water table below.

Water moving with this speed does not filter like water moving through thick layers of soil, and this is where problems arise. Unfiltered water that reaches underground sources can contaminate water that residents use in their homes.

Jo Davies County residents rely primarily on personal wells and worry that if Bos gets his way, cattle waste will seep through the karst and into their water supply. The Jo Davies County board cited this concern in its recommendation to the IDOA that the Bos permit be rejected. But, the IDOA is not required to uphold the board’s recommendation, and it approved Bos’ permit to build.

“We administer a law and a series of regulations under that law,” said Warren Goetsh, the IDOA bureau chief for environmental programs. “There are three types of sensitive areas, and there are requirements that must be met for each but no prohibition from building.”

If the area is classified as part of a karst region, Bos will be required to line his waste-holding ponds with concrete or steel, both of which will come at a high price. The large-scale facility’s plan includes 20-feet deep ponds equivalent to the size of 53 football fields.

Even with a barrier, some residents are not satisfied.

“The IDOA regulations do nothing to protect people,” said Tom Bergstrom of H.O.M.E.S.

He is concerned, among other things, about air pollution, public health and the traffic that will come with the dairy. These are things not included in the criteria of IDOA’s review process.

H.O.M.E.S. filed a civil lawsuit against Bos and the IDOA, claiming the IDOA’s decision violated state law and threatened public health.

Among others, Illinois State Geological Survey Senior Geochemist Sam Panno testified on the plaintiff’s behalf and confirmed that the property under question was indeed a karst area, susceptible to disruption under Bos’ plans. The defendants’ expert witness’ testimonies were dismissed by the judge because the individuals are/were employed by Bos and would benefit from the approval of the facility.

Judge Kevin Ward filed a temporary injunction order on October 20, 2008. The order restricted Bos from taking further action to build and open his facility.

In the order, Ward wrote, “Bos has a fundamental right to devote his property to whatever lawful use he chooses. However, such right must give way to the consideration of public health and safety.” 

This victory is not a permanent one, however. A second trial will decide whether or not there will be a permanent injunction placed on Bos, effectively squandering his plans to build the large facility. Bos and the IDOA appealed to have this case tried in federal court in Rockford. However, in late April, Judge Phillip G. Reinhard, U.S. District Court, Northern District of Ill., remanded the case back to the state court in Joe Davies County.

Now that the case is back in state court,  the fight begins again. For more information about the H.O.M.E.S. group visit stopthemegadairy.org.