Appeal filed against Smith Valley dairy

SMITH VALLEY — On Thursday, the citizens group Save Our Smith Valley filed an appeal with the Nevada State Environmental Commission to challenge the Nevada Bureau of Water Pollution Control’s “clearly erroneous” and unlawful approval of a wastewater discharge permit for the industrial-sized dairy concentrated animal feeding operation currently under construction in Smith Valley.

The dairy is planned for more than 7,200 animals, risking the safety of resident drinking water and the health of the local environment and surrounding properties.

“It’s astonishing to see the state agency created to protect us from water pollution recklessly approve of our community’s contamination,” said Kim Gattuso, a SOS member who lives 50 yards from the proposed dairy site. “The fact that we’re now forced to appeal a government decision to preserve our water and public health tells you exactly what’s wrong in Smith Valley.”

According to the appeal documents filed with the state, the final decision was found to be in violation of statutory provisions; made upon unlawful procedure and affected by other error of law; clearly erroneous in view of reliable, probative and substantial evidence on the whole record; and arbitrary or capricious or characterized by an abuse of discretion.

The SOS appeal was filed by Danielle Holt, a Nevada attorney providing pro bono assistance for the nonprofit, Animal Legal Defense Fund.

A copy of the Notice of Appeal is available upon request.