Emissions and Legal Issues and Air Quality and Agriculture/Farming and Energy & Environment and Environment and Law

Judge rules against residents in suit over hog smell

July 24, 2014

A judge has ruled state law protects four large hog farms from lawsuits filed by residents of an eastern Indiana county who complained about waste and foul smells from their operations.

Special Judge Marianne Vorhees found that Indiana's right-to-farm law is constitutional and the residents didn't present evidence needed to allow the lawsuits to proceed against the Randolph County farms run by Goldsboro, N.C.-based Maxwell Foods, The Star Press of Muncie reported.

The four farms all started hog production in 2007 or 2008 — and the county between Muncie and the Indiana-Ohio state line has seen its number of hogs more than triple in five years, to nearly 178,000 in 2012, according the to the U.S. Department of Agriculture.

Rich Hailey, an attorney representing those who filed the lawsuits, said an appeal of the judge's ruling is likely.

"These are industrialized facilities. They are not family farms," he said. "The uncontroverted truth is all the plaintiffs were living in those areas first (before the hog operations). Many had owned these properties for generations. These are people who grew up in the country. One day they looked out and had 4,000 to 8,000 hogs putting out 3 million gallons of untreated waste."

The lawsuits accuse Maxwell and other defendants of allowing hog waste to accumulate and "noxious fumes and odors to discharge from and be sensed beyond the boundaries of their property."

Indiana's right-to-farm law protects the rights of farmers to use "generally accepted" practices, including "the use of ever-changing technology."

Vorhees ruled that the law covered Maxwell Foods since the properties had been used continuously as farms since at least the 1950s and that a switch from crop production to hog production "does not constitute a significant change."

Vorhees said the suit can proceed, "only if they produce evidence that defendants were negligent, and defendants' negligence was the cause of the odors," Vorhees wrote, adding that the residents admitted they had no such evidence.

Joe Baldwin, operations manager for Maxwell Farms, said its operations are common among Midwestern hog producers.

"We find it unfortunate that a few individuals have attempted to discredit our industry despite the fact that Maxwell Farms maintains an excellent environmental record in the state of Indiana and establishes high standards that our contract grower families are expected to meet," he said in a prepared statement.

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