TOPEKA (AP) — The Sierra Club has filed a lawsuit against the Kansas Department of Health and Environment challenging permits for a pork facility expansion.

The Topeka Capital-Journal reports that the lawsuit filed Thursday alleges permits issued for the expansion of a Phillips County hog production facility violate state law and set a dangerous precedent by undermining protections for surface water.

The department has decided to allow farmer Terry Nelson to subdivide his existing swine breeding operation into two limited-liability companies, Husky Hogs and Prairie Dog Pork.

The lawsuit accuses the department of authorizing Nelson to elude limits on the number of animals that could be confined in buildings within 250 feet (76.2 meters) of surface water.

The agency declined to comment to the newspaper citing pending litigation.