In May, we had a few new additions the Ag Law and Policy eJournal on SSRN. Covering everything from the Clean Water Act, food law, and tort law. The May additions include:
In 2014, the Maryland General Assembly updated the state’s right-to-farm law to include commercial fishing and seafood operations. As many of you know, a state’s right-to-farm law operates to provide a defense to nuisance lawsuits brought against agricultural operations and, now in Maryland, commercial fishing and seafood operations. Continue reading
This post is not legal advice.
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