ST. PAUL -- Operators of large livestock production operations say they face uncertainty because of potential unfounded nuisance lawsuits, but Aimee Goodwin claims her family was harmed by an unresponsive hog-raising neighbor and lawsuits should be allowed.
After a debate between feedlot and animal confinement supporters and opponents on March 17, a Minnesota House committee approved 6-4 a bill that would forbid many nuisance lawsuits against large livestock operations.
A similar law reducing the risk of small farmers facing lawsuits has been on the books since 1982, bill sponsor Rep. Paul Anderson, R-Starbuck, said.
Anderson said his legislation is an extension of current law as farm operations grow. It would reduce the chance of facing lawsuits, an uncertainty livestock producers said hampers their businesses.
Large livestock farmers have adequate staffs to fix pollution and other issues, Anderson said. "They have the ability to do things right."
ADVERTISEMENT
Much of the debate centered on a Todd County hog operation, about 4 miles from Lake Osakis, that faces a lawsuit. The owners, Gourley Brothers of Webster City, Iowa, are fighting allegations that their operation pollutes groundwater.
They also are accused of producing too much odor.
That was Aimee Goodwin's complaint. She and her family lived near the facility until her youngest son, who has asthma, suffered what she said was an adverse reaction to pollution from the facility.
"His lips turned blue," she said, adding that "it is a horrible thing to see the terror in your son's eyes."
Goodwin said her family moved away from the hog facility and her family's health improved.
City and township officials said Anderson's bill would limit their ability to bring nuisance claims against large farm operations. Environmentalists also oppose the bill.
Anderson's legislation would not affect lawsuits already in the courts, such as the Todd County fight. But a series of witnesses connected to it testified in favor of the bill.
"I can stay in Todd County and really support my community," Molly Campbell said about her job, echoing others who said livestock facilities are good for local economies because they provide work for residents who otherwise might move away.
ADVERTISEMENT
Bron Scherer of Protein Sources said his company manages the Todd County facility and it "will spend hundreds of thousands of dollars" fighting the court action.
Rep. John Lesch, D-St. Paul, opposed giving farmers freedom from many lawsuits. "I don't know why ag should receive this benefit."
Anderson's bill does not give farmers totally lawsuit immunity. It would allow suits when there is "measurable adverse impact." But opponents said that phrase is not defined, leaving it open for interpretation.
Anderson said a case like the Goodwin family's medical problem could result in a lawsuit.
The bill faces more committee stops before reaching a full House vote. A similar Senate bill, sponsored by three southern Minnesota Republican senators, awaits its first hearing.
