Ag nuisance cases in Iowa may be down for now, but Eldon McAfee, attorney with Brick Gentry P.C. in West Des Moines, Iowa, warned producers not to let their guard down and to strive to be good neighbors.
Although he’s not aware of any nuisance case on file in the state of Iowa currently against an agricultural operation, he advised pork producers not to take that for granted.
In 1998, the Animal Feeding Operations Nuisance Defense said it’s not a nuisance unless plaintiffs can prove that the animal feeding operation did not comply with applicable law or it failed to use generally accepted management practices and unreasonably, and for substantial periods of time, interfered with the person’s comfortable use and enjoyment of the person’s life or property, McAfee explained. That law was found unconstitutional by the Iowa Supreme Court in 2004 and 2018.
In 2022, the Iowa Supreme Court overruled these decisions finding the law constitutional. The Court returned Iowa livestock producers to having protection from nuisance lawsuits as enacted by the Iowa legislature emphasizing the law’s requirement that to qualify for that protection, livestock producers must continue to use good management practices, the same practices that Iowa juries have found to be effective without the nuisance defense, he noted.
When the evidence has been presented in front of a jury during an ag nuisance case, McAfee said Iowa has been fortunate that juries have heard all that evidence, and six times out of the last seven in Iowa, juries have found there not to be a nuisance.
McAfee provided the following summary of Iowa ag nuisance trials:
• From 1994 to 2004, there were seven ag nuisance trials, six swine, with six jury verdicts finding a nuisance.
• From 2008 to 2019 there were seven trials, four swine with three verdicts finding no nuisance, and three cattle with no verdicts finding a nuisance. In the last three of these trials (2016 & 2019 (2)) juries found no nuisance.
While the trend is good for producers, the ultimate goal is to avoid a trial altogether. Here are seven tips to help avoid lawsuits, as well as qualify for the AFO Nuisance Defense if a lawsuit is filed, McAfee shared.
1. Consider location carefully when adding new buildings.
The further away you can be from neighbors, the better off you will be. Meet state law requirements for separation distance. Because producers often want to locate buildings close to where manure will be applied, this means producers must also pay close attention to the location of neighbors’ residences. Consider prevailing winds and topography.
2. Use trees as buffers.
Take advantage of existing trees or plant fast-growing trees to help create wind blocks. The Coalition to Support Iowa’s Farmers has a tree planting program, the Green Farmstead Partner program, McAfee adds.
3. Pay attention to ventilation management.
Producers often think about good ventilation as a way to keep pigs comfortable. It’s also an important way to minimize odor. Clean fans regularly. Consider whether tools that may help reduce dust and odor from ventilation fans, such as biofilters, electrostatic fences, and air dams, are necessary and reasonable for your operation.
4. Manage manure.
Management of manure storage and application is very important. Finishing barns with manure storage under the building are a big plus as far as odor control, he adds. Products added to manure storage can help reduce odor and provide other benefits. Notify neighbors when you plan to apply manure.
5. Keep it clean.
Your farm’s appearance matters. When people see clean buildings and well-maintained farms, it makes a difference. Keeping barns clean inside also helps result in healthier, clean pigs. And less manure means less odor.
6. Manage mortalities.
Handle mortality properly, such as through rendering or composting. When doing so, the resulting odor is minimal and the process can take an economic loss and turn it into a usable product, he adds. Be sure to keep composting and rendering areas covered and out of the reach of wandering wildlife. Use proper bulking agents to reduce odor when composting, he adds.
7. Work with your neighbors.
Good operational environmental management extends to neighbor awareness, communication and relations. Don’t ignore neighbors who aren’t happy with your operation. Keep those lines of communication open, McAfee says. For example, when you apply manure, try to let everyone know. Attend educational seminars and obtain certifications to show you are being a good neighbor. Make sure employees are up to date on best practices when it comes to being a good neighbor, too.
McAfee concluded that “the best nuisance case to prepare for is the one that is never filed.”
Read More:
What Are the Stakes if We Fail to Make Progress in Biosecurity?
Unlock Profit Potential: A Road Map for Pork Industry Resurgence
