In a handful of states, legislators are deciding this year whether to limit the rights of people who file lawsuits alleging that large livestock farms near their homes are public nuisances.
In Minnesota, one hog farm operator describes the lawsuits as an attack on animal agriculture, abetted by animal rights activists. Some local residents see the issue the other way around—as a power grab by big operators and as an attack on their basic right to enjoy their homes.
The legislation is something of a counterpoint to state oversight of concentrated animal feeding operations (CAFOs). Some 44 states regulate large animal farms, says the National Conference of State Legislatures. “Because more waste is generated in CAFOs than other less-dense animal farm facilities, the potential for greater air, water, and land pollution increases in nearby areas,” says an NCSL summary. Operators believe that CAFOs allow them to maximize their productivity.
Iowa Gov. Terry Branstad signed a law last month limiting the damages that can be levied against livestock farms for noise, odors, and air and water pollution, says Wallaces Farmer. It also bars damages if the farm complies with state and federal law and practices prudent management. Said Branstad, “Nuisance lawsuits are increasing and creating instability in the livestock industry, a very important part of Iowa’s economy.”
Minnesota legislators are considering a bill, supported by the Minnesota Pork Producers Association, that would require mediation with farmers before a nuisance suit could be filed, says North Carolina Health News. Minnesota’s KSTP-TV says the bill would also limit nuisance liability for farms with more than 1,000 animal units, equal to 2,000 to 3,500 hogs. At present, the protection is available only to smaller farms.
In Oklahoma, legislation would ban nuisance suits against agricultural activities that have been in operation on farm or ranch land for more than two years, even if the type or scale of operation changes.
And last week in North Carolina, the state House passed and sent to the state Senate a bill to limit CAFO liability to the lost value of the neighbor’s property, such as diminished rental or sales prices.
Nuisance suits are unusual in Minnesota, and opponents of the proposed law maintain that “banning them would deprive rural residents of one of their last remaining protections against large livestock operations,” says the Minneapolis Star Tribune. “Leaders in the hog industry, however, say such cases are on the rise elsewhere.” They say the industry is a target of out-of-state lawyers looking for a profit or promoting a cause, and that farmers who are following the law should not be sued.
“But in court documents and at the Capitol, the neighbors tell a different story—one where their entreaties to public officials about noise, dust and ‘soul crushing’ smells fell on deaf ears, leaving them no choice but to go to court,” says the Minneapolis newspaper.
Four states—New Mexico, Indiana, Idaho, and Missouri—have enacted laws since 2011 that limit damages or restrict the right to file a nuisance lawsuit, says North Carolina Health News.