The American Legislative Exchange Council's (ALEC) Right to
Farm Act would make factory farms, or concentrated animal feeding
operations (CAFOs), immune from attempts by neighbors to protect
themselves from sickening fumes and other environmental damage.
The legislation uses such language as "generally accepted
agriculture management practices" to describe these harmful
operations. The model bill claims a farm cannot be found a nuisance
as a result of a change in size (factorization) or use of new
technology (genetic modification, excessive use of hormones for
livestock, or manure disposal). This legislation ties the hands
of state agricultural agencies when they try to protect neighboring
homes, towns, and farms. The most insidious aspect of the bill
is that any person who loses a nuisance complaint (which they
would as a result of this legislation) must pay for court costs
and attorney fees. If a person complains unsuccessfully more than
three times in three years, they must also pay the state for the
costs of any new investigations. This bill gives corporate farm
operations a free pass to abuse and harm their neighbors, and
allows them to impoverish these people when they complain.
Ran 2/25/02, 5/6/02
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