In 2019, we
continue to see decisions involving the application of the right-to-farm law
(RTF) defense in a few states. Recently,
the Court of Appeals of Indiana upheld a trial court’s decision applying the
state’s RTF law. In this case, the RTF
law applied to claims that a neighboring hog farm was creating a nuisance. Although over the past 18 months, we have
seen decisions involving RTF laws not applying to agricultural companies being
hit with large damage verdicts, it is crucial to remember that in many cases,
the RTF defense continues to apply and prevent large verdicts.
Image of milking parlor by Living Landscape Architecture
This is not a substitute for legal advice.
Recently, the federal district court in Utah found that Utah’s ag-gag law violated the First Amendment of the U.S. Constitution (Animal Legal Defense Fund, 2017). Before this, the federal district court in Idaho had found Idaho’s ag-gag law to violate the U.S. Constitution (Idaho is currently appealing that decision before the 9th Circuit Court of Appeals). Although these laws potentially violate the Constitution, producers still have options. In many cases, producers can work with producer groups to conduct audits on the operation to determine that current practices are up to date. Producers can make sure employees have the proper training and tools to conduct tasks. Always conduct background checks before hiring new employees, and utilizing employment contracts and employee handbooks can help limit many of the issues that ag-gag laws are designed to address. Continue reading →
I often like to talk, talk, and write about drones/UAVs and today is no exception. Recently, the D.C. Court of Appeals ruled that the Federal Aviation Administration’s (FAA) registration requirements for all unmanned aircraft including hobby aircraft violated federal law. Congress had previously exempted hobby aircraft from any regulations that FAA might develop in the 2012 FAA Modernization and Reform Act. This recent ruling demonstrates the bounds of the FAA’s authority to regulate hobby drones/UAVs, but at the same time leave some unanswered questions. Continue reading →
All fifty states have some version of a right-to-farm law that provides defenses to agricultural producers for lawsuits they are committing a nuisance in his/her operations. In November 2016, the Court of Appeals of Iowa upholds a lower court’s ruling that Iowa’s right-to-farm law is unconstitutional as applied to a neighbor claiming a neighboring hog farm is a nuisance and awarding damages to the neighbor. For those unaware, finding a state’s right-to-law unconstitutional as applied to a neighbor is a unique to Iowa. Iowa’s courts have found the state’s right-to-farm law is unconstitutional when applied to neighbors there first. At this point, no states have followed Iowa’s lead and found their state’s right-to-farm laws unconstitutional as applied to neighbors there first. Continue reading →
As the year draws to an end, the Ninth Circuit Court of Appeals has released opinions on two agricultural law cases. I posted recently on the court’s ruling affirming a lower court’s decision to invalidate a local ordinance covering pesticide applications in Hawaii. The next decision is California’s law requiring all eggs sold in the state to meet California animal welfare standards. The Ninth Circuit agreed with the lower court and dismissed the case for lack of standing.