Author: Paul Goeringer

Right-to-farm laws provide agricultural producers, forestry operations, and aquaculture producers a defense in a nuisance lawsuit under certain circumstances.  A 2022 Supreme Court of Mississippi decision highlights how the right-to-farm defense can protect agricultural operations.  In this case, two producers began using propane cannon scare guns to prevent deer from eating their cotton and soybean crops during summer. The propane cannons created loud noises, and the neighbors’ ensuing nuisance lawsuit tried to prevent the two producers from using the guns. The trial court agreed with the two producers that the state’s right-to-farm law barred the nuisance claim, and the Supreme Court of Mississippi recently upheld the trial court’s ruling in Briggs v. Hughes.

            On appeal, the neighbors argued that the Mississippi legislature did not create blanket protection for operations adding new practices on a farm, and the Court should look at when the practice began to be used.  The Court disagreed with this view of the state’s right-to-farm law.  The Court must only determine if an agricultural operation complies with all applicable state and federal permits and not when a new practice, such as a scare gun, was first used. 

            The Court then turned to the neighbors’ argument that using propane cannons was not a best management practice.  The neighbors argued that expert testimony demonstrated  propane cannons would become less effective over time and that propane cannons could not be a best practice because they are not always practical.  The court disagreed, relying on expert testimony showed the propane cannons were used appropriately for pest control, and the Court upheld the lower court’s finding.

            Importantly, each state’s right-to-farm statute is different in certain details.  With Mississippi’s law, the farm only needed to demonstrate that the operation complied with federal and state permits and that the practice was a best management practice. Here the producers’ use of scare guns adhered to the Mississippi law.  The analysis would have been different in states with different statutory provisions. Operations should pay attention to the language used in right-to-farm laws to ensure they can maintain the defense.

Goeringer, Paul. “How Right-to-Farm Laws Operate to Protect Ag Practices Used by Producers“. Southern Ag Today 2(25.5). June 17, 2022. Permalink

Agricultural operations often cause dust and odors which could impact neighbors and bring nuisance claims.  All 50 states have a right-to-farm law on the books, providing a nuisance defense for agricultural operations.  This defense varies from state to state, but each state’s law operates to provide a defense in situations when a party is claiming the farm is a nuisance.

What is a nuisance? A nuisance is a condition or situation impacting another person’s use and enjoyment of property. Let’s say, for example, that a grain producer applies nutrients to a field neighboring a residence. The neighbors might not be able to use their property immediately after the producer applies the nutrients due to the smell. This could be a potential nuisance because the neighbors have lost the use and enjoyment of their property.

A right-to-farm law operates to provide a defense to the agricultural operation when facing nuisance lawsuits.  To use the defense, the agricultural operation must meet their state’s statutory requirements, which vary from state to state.  In several states, for example, the farming operation would need to either preexist the non-agricultural uses in the area or at least be in operation for a set period. In many states, the operation must also comply with other federal, state, or even local laws, such as environmental laws or local zoning ordinances.

The right-to-farm law defense can be a powerful tool to protect a farming operation, but an operation needs to qualify for the defense.  The National Ag Law Center has compiled all of the state right-to-farm laws: https://nationalaglawcenter.org/state-compilations/right-to-farm/.

Goeringer, Paul. “What Are Right-to-Farm Laws?”. Southern Ag Today 2(15.5). April 8, 2022. Permalink

Forecasting legal developments is never an easy task, but we can often look at what is currently happening to get a sense of what to keep an eye on in 2022.  Below are just a few issues discussed at the recent Southern Outlook Conference in Atlanta. 

As we move into 2022, producers will need to pay attention to the ongoing Roundup/Glyphosate class action settlement process.  A federal judge has now rejected Bayer’s settlement with class members for a second time.  This rejection is based on how the settlement handles future class members who may not be aware of all potential medical costs until years from now. Nevertheless, Bayer continues to settle individual claims and has put an additional $4.5 billion into settling these claims.

CAFO (Concentrated Animal Feeding Operations) legal issues always seem to be on the list each year, and 2022 will likely be no exception. One such issue to watch involved an appeal out of Maryland from an interesting lower court decision.  A group challenged the state’s Animal Feeding Operation Discharge permit (a water discharge permit), claiming the State should have considered air emission of ammonia that could eventually reach waters in the state.  The lower court agreed with this approach, and the State has appealed this decision with a decision expected later in 2022.

Additionally, Texas has seen a challenge to a poultry farm after complaints by neighbors who lived in the area where the farm was recently constructed. The Court of Appeals upheld a permanent injunction against the poultry integrator and poultry growers from continuing poultry farms in the area, click here to read an overview.  This decision has been appealed to the Texas Supreme Court, and we should see a decision in 2022.

2022 will continue to see developments that could have significant legal implications for producers in the South and across the country.  

Goeringer, Paul. “Legal Outlook for 2022 Shows Several Ongoing Issues Will Be Top of Mind for Agricultural Producers.” Southern Ag Today 1(42.5). October 15, 2021. Permalink