Boone County judge to hear ethanol plant arguments Thursday

In early May, visiting Boone County Judge Frank Conley ruled that Gulfstream Bioflex Energy LLC could proceed with the $185 million plant despite objections from property owners who sued the Mount Vernon company over concerns about their groundwater supply.

But that group – known collectively as Citizens for Groundwater Protection – didn’t back down.

Springfield attorney Bill McDonald, who has represented the plaintiffs throughout the suit, filed post-trial motions arguing that Conley erred by applying a standard of proof higher than a “reasonable likelihood” that the plant would negatively impact the groundwater supply.

McDonald, of McDonald, Hosmer, King & Royce PC, said the “certainly and inevitably” standard cited by Conley was outdated because it comes from a 1928 Missouri Supreme Court case, and that the standard changed to “reasonably certain” after a 1973 case and the passage of the Missouri Clean Water Act.

Conley will hear oral arguments on McDonald’s motion to reconsider at 1:30 p.m. at the Boone County courthouse in Columbia. Springfield attorney Bryan Wade of Husch & Eppenberger LLC will argue the case on GBE’s behalf. Depending on the outcome of Thursday’s hearing, the plaintiffs may formally appeal the case to the Missouri Southern District Appellate Court, according to a news release.

In mid-July, Wade told Springfield Business Journal that GBE’s plans to build the plant on 252 acres east of Rogersville were still moving forward. Company Vice President Charles Luna has said the plant would create about 40 jobs and more than $3 million annually in estimated property tax revenue.[[In-content Ad]]