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Judge approves Webster County ethanol plant

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A judge has ruled that a Mount Vernon company proposing a $185 million corn-based ethanol plant near Rogersville can proceed after property owners sued the company, alleging the plant would adversely affect their groundwater supply.

The ethanol production company – Gulfstream Bioflex Energy LLC – learned of Boone County Circuit Judge Frank Conley’s ruling late this morning, said Bryan Wade, the firm’s Springfield attorney.

Wade said Conley was persuaded by the expert testimony of Jim Vandike, groundwater section chief for the Missouri Department of Natural Resources; John Van Brahana, a University of Arkansas hydrogeologist; and Ray Hamilton, a Denver-based engineer with Carter & Burgess who proposed a no-discharge system for the plant.

“We’re very pleased, and we hope to move forward with the project,” Wade said.

GBE plans to build the plant – one of two planned in Missouri – on 252 acres east of Rogersville, and company officials have said the facility will be able to produce 100 million gallons of fuel-grade ethanol annually. According to court testimony, wells will pump between 880 and 1,000 gallons of groundwater per minute to the plant for ethanol production.

Wade said GBE would re-engage its general contractor, Walton Construction Co., and work to obtain the necessary financing for the plant.

Attorney Bill McDonald, who represents the property owners who sued GBE, said his clients were “extremely disappointed.” McDonald said he thinks Conley erred by applying a standard of proof higher than a “reasonable likelihood” that the plant would negatively affect the groundwater supply.

“We’re filing post-trial motions, and we’ll – in all probability – appeal,” he said, adding that his clients have 30 days to file the motion.

See SBJ’s March 14 issue for more on this story.

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