SCIO, OR — In a major victory for Oregon farmers and clean water advocates, an Oregon circuit court judge today ruled that a pollution permit issued to J-S Ranch, a proposed 3.5 million chicken factory farm, was unlawful. The decision halts development of the facility near the North Santiam River and invalidates Oregon Department of Agriculture's rule defining "new CAFO" as contrary to the statute and the Oregon legislature's intent.  

The court agreed with plaintiffs — Christina Eastman, Farmers Against Foster Farms, Friends of Family Farmers, and Willamette Riverkeeper — that the Oregon Department of Agriculture and Department of Environmental Quality improperly issued the permit by ignoring new CAFO regulations under Senate Bill 85.  

"This is a victory for every Oregonian who depends on clean water," said lead plaintiff Christina Eastman, a fifth-generation farmer in Scio. "Our community has been fighting this facility for years because we knew what was at stake — our wells, our river, our farms, and our health." 

"The court made clear: when the legislature said "new CAFO" it meant just that — and it required additional protections for our waterways for new large CAFOs," said Amy van Saun, senior attorney with the Center for Food Safety. "This ruling sends a powerful message that states cannot sidestep their duty to protect water by twisting the language of the law and ignoring their own rules." 

The proposed facility would have produced 4,500 tons of waste annually in a flood-prone area just 483 yards from the North Santiam River, home to endangered salmon and a source of drinking water and recreation for nearby communities. 

The decision affirms that J-S Ranch qualifies as a new CAFO under SB 85 and must comply with enhanced water quality and quantity protections, Linn County setbacks, and public notice requirements. Because the water quality permit issued in 2024 did not comply with these new requirements — and cannot comply with Linn County's one-mile setback from residences—the permit was revoked by the court and no CAFO may be built on that site. 

"This win belongs to the people who showed up — over 500 public comments, packed hearings, and generations of farmers standing up for their land," said Kendra Kimbirauskas, farmer, community advocate, and co-founder of Farmers Against Foster Farms. "From passing landmark legislation in 2023 to making sure it is enforced, this legal victory shows that people power coupled with expert policy and legal advocacy, can truly protect our land, water, and rural communities." 

Petitioners were represented by Center for Food Safety and Sugarman Dahab law firm.