Gibbons finally got back to the anti-CAFO activists with an answer about whether he would interpret 192.300 to mean that County Commissions have the authority to regulate CAFOs. The short answer is that 192.300 “clearly allows the establishment of the County Health Ordinances and is in support of local control.”

Here’s the entire text of his e-mail on the subject to Rhonda Perry of the Missouri Rural Crisis Center:

With regard to the office of Attorney General, the job is to enforce the law fairly, impartially and effectively to give full effect to the will of the people of Missouri. It is not a policy making role like the Legislature.

Therefore, my duty as Attorney General is to enforce effectively provisions like 192.300RSMo as affirmed in Borron v Farrenkopf, 5 SW 3d 618 (MoApp 1999) which clearly allows the establishment of the County Health Ordinances and is in support of local control.

Regarding your question on the inclusion of County Health Center Boards in 192.300, the language used is clear that when it comes to health ordinances, a properly constituted County Health Center Board has the same authority as a County Commission. Therefore, that is the position I am duty bound to uphold if I am the next Attorney General because it is the law.

Thank you for contacting me and for the opportunity to discuss these issues now and in the future.

Activists need no longer base their AG vote, then, on that single issue. And they are aware that, whichever man wins, they’d do well to set up a meeting with him early on. These are very determined people who–trust me–will continue to make headway on the issue.