FRANKFORT — Gov. Paul Patton on Monday asked the courts to declare the General Assembly's review procedure for administrative regulations unconstitutional.

        It is the latest round in the historic battle between the executive and legislative branches over how the laws passed by the legislature are actually carried out by the administration.

        At the center of the latest fight is the regulation of huge animal feeding operations, often called factory farms. The Natural Resources Cabinet has issued a series of regulations on how far from roads and other development the feed lots must be and the size and operation of lagoons to collect waste generated by hogs and chickens.

        The General Assembly's Administrative Regulations Review Subcommittee and the interim agriculture committees have consistently said the regulations exceed legislative intent. But they have also failed to enact any rules of their own, leaving the administration to issue new directives at the end of each of the last few legislative sessions.

        The Kentucky Farm Bureau successfully challenged the 2000 version of the regulations, arguing it was too similar to the previous version. That May 25 decision in Franklin Circuit Court forms the basis for part of the lawsuit Monday.

        “This regulation is necessary to protect the health, safety and welfare of our citizens, and we are convinced that the veto of regulations by legislative subcommittees is plainly unconstitutional,” Natural Resources Secretary James Bickford said.

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