Although leaders of two national farm groups called for a federal shield to protect farmers from lawsuits by neighbors, chairman Chuck Grassley of the Senate Judiciary Committee said on Tuesday that states should decide land use questions. “At least at first blush, based upon states’ rights—I could be maybe convinced otherwise—right now, I’d have to stick to what is a pretty general philosophy that I have on being against federal land use, both from the standpoint of what can be done and what can’t be done,” said Grassley, from Iowa, the top hog and egg-producing state.
Agricultural leaders are seeking federal legislation because of three federal court verdicts this year that industrial hog farms in North Carolina created a nuisance to neighbors. Juries have awarded tens of millions of dollars in damages. North Carolina state legislators enacted restrictions for filing “nuisance” lawsuits this spring as the cases proceeded to court. All 50 states have “right to farm” laws that protect farmers and ranchers from nuisance suits filed by people new to the area and who want to stop ongoing operations.
During a teleconference, Grassley said he would confer with Sen. Thom Tillis, a member of the Judiciary Committee, about an ag roundtable at the North Carolina state fairgrounds last week. “Until I talk to Sen. Tillis about what came from the field hearing, I don’t think I want to make any statement of federal take-over of decision-making on where people should be,” said Grassley when reporters asked about “right to farm” laws.
House Agriculture chairman Michael Conaway said the lawsuits posed an existential threat to livestock production. “Tillis and (Rep. David Rouzer) and I will be looking at the federal level,” said Conaway on the Agritalk program. “This does not fall under Agriculture Committee jurisdiction. This would be a Judiciary Committee idea, or fix.”
However, a press aide for House Judiciary chairman Bob Goodlatte said the issue “is in the jurisdiction of the Agriculture Committee.” Goodlatte is a former Agriculture chairman.
Meanwhile, two farm groups argued for removal of a gag order, issued by U.S. district judge Earl Britt, that bars lawyers, farmers and neighbors involved in the nuisance suit from talking to reporters. The gag order stifles freedom of speech, said the American Farm Bureau Federation and the North Carolina Farm Bureau.
Britt issued the order on June 27 out of concern that news coverage might influence jurors’ opinions, said the Raleigh News and Observer. Neither side requested the intervention. “There are 26 lawsuits with more than 500 plaintiffs suing Murphy-Brown contending hog farms in North Carolina have interfered with their ability to enjoy their homes due to neighboring odor, flies and truck traffic,” said the newspaper.