NCEJN members who neighbor a hog CAFO and are suffering from the noxious odors will probably be able to establish a nuisance cause of action. To substantiate a nuisance claim, a plaintiff must establish the existence of a substantial and unreasonable interference with the use and enjoyment of their property. “Substantial interference” has been interpreted to mean a “substantial annoyance, some material physical discomfort…or injury to [the plaintiff’s] health or property.” In Parker v. Barefoot, homeowners living next to a hog waste lagoon sued the owner for nuisance. Despite taking reasonable measures to suppress the odor from the lagoon, such as surrounding the area with trees and implementing an underground irrigation system, the court…show more content… Despite these mandated responsibilities, hog CAFOs in North Carolina are disproportionately located in communities of color. NCEJN reports that the NCDEQ has neglected to research the disproportionate impact of its permitting regulations despite the significant health effects of hog CAFOs, and currently administers permits that lack the conditions necessary to protect those living near the facilities. NCEJN also claims that the use of open waste lagoons and the spraying of untreated waste would be revised if the affected community were white. Because NCEJN will easily be able to establish a financial link between NCDEQ and the EPA, and will also likely be able to climb the relatively low threshold showing of disparate impact, filing an administrative complaint may be an effective tool…show more content… NCEJN and environmental justice allies can challenge North Carolina lawmakers to restructure waste-disposal methods and implement safer alternatives. Lawmakers could force Smithfield to pay additional fees to fund safer disposal methods. In other states, such as Utah and Missouri, Smithfield already uses varying technology to improve on waste storage and disposal. The health and quality of life of those living near Smithfield’s lagoons would benefit greatly from these improvements, and Smithfield may end up saving money the company would otherwise pay to plaintiffs in nuisance actions.
IV. Conclusion
In sum, NCEJN members living near Smithfield’s hog facilities should probably pursue a civil nuisance cause of action over other legal theories. Members will likely be able to establish that the lagoons result in significant health problems, a reduced quality of life, and constitute a substantial and unreasonable interference with the use and enjoyment of their property. Given the stranglehold that the animal agriculture industry has on North Carolina lawmakers and the general socio-political climate within the state, factfinders may be more apt to find that hog producers found liable for negligence are acting within reason. Thus, NCEJN would likely be able to recover monetary damages, but not an
