Written by M. Sean High – Staff Attorney
The following information is an update of recent local, state, national, and international legal developments relevant to agriculture:
Right to Farm: Luzerne County Common Pleas Court Dismisses Nuisance Suit against Swine Operation
The following information is an update of recent local, state, national, and international legal developments relevant to agriculture:
Right to Farm: Luzerne County Common Pleas Court Dismisses Nuisance Suit against Swine Operation
On April 13, 2017, the Luzerne County Court of Common
Pleas granted summary judgment dismissing a nuisance suit brought against a
Salem Township swine operation (Burlingame v.
Dagostin, Luzerne County, No. 2015-02092). In a consolidation of three separate actions, neighbors
surrounding a pig farm claimed that the operation of the farm, “and most particularly
the spreading of its resultant liquid swine manure on the fields surrounding it,”
was a private nuisance. The court disagreed and held that the neighbors were barred
from pursuing a nuisance action under the Pennsylvania Right to Farm Act (RTFA)
(3 P.S. §§951-957). The court held that
the swine operation had an approved Pennsylvania Nutrient Management Plan prior to the
commencement of spreading liquid swine manure which made computation of RTFA’s
one year time limit irrelevant. The
court also held that the operation of a concentrated animal feeding operation and
the spreading of liquid swine manure are “normal agricultural operations.”
Finally, the court held that the swine operation had been lawfully operating since it
began and it was in full compliance with its nutrient management plan. For more information regarding this case,
please see the previous Center publication found here.
Air Quality: Court Strikes Down Agricultural Exemptions to EPCRA and CERCLA Reporting Requirements
On April 11, 2017, the U.S. Court of Appeals, District of Columbia Circuit, vacated a U.S. Environmental Protection Agency rule that provided a complete agricultural exemption for reporting air emissions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as well as a partial agricultural exemption for reporting air emissions under the Emergency Planning and Community Right-to-Know Act (EPCRA) (Waterkeeper Alliance v. EPA, 2017 WL 1323525). CERCLA and EPCRA "require parties to notify authorities when large quantities of hazardous materials (such as ammonia or hydrogen sulfide) are released into the environment." Under the final EPA rule, promulgated on December 18, 2008, concentrated animal feeding operations were required to report air emissions under EPCRA while all other agricultural operations were exempted from EPCRA reporting requirements. The final rule exempted all agricultural operations from CERCLA reporting requirements. Barring a successful appeal to the U.S. Supreme Court, the court's ruling will require all agricultural operations to comply with CERCLA and EPCRA reporting requirements for air releases from animal waste above the defined statutory threshold.
Air Quality: Court Strikes Down Agricultural Exemptions to EPCRA and CERCLA Reporting Requirements
On April 11, 2017, the U.S. Court of Appeals, District of Columbia Circuit, vacated a U.S. Environmental Protection Agency rule that provided a complete agricultural exemption for reporting air emissions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as well as a partial agricultural exemption for reporting air emissions under the Emergency Planning and Community Right-to-Know Act (EPCRA) (Waterkeeper Alliance v. EPA, 2017 WL 1323525). CERCLA and EPCRA "require parties to notify authorities when large quantities of hazardous materials (such as ammonia or hydrogen sulfide) are released into the environment." Under the final EPA rule, promulgated on December 18, 2008, concentrated animal feeding operations were required to report air emissions under EPCRA while all other agricultural operations were exempted from EPCRA reporting requirements. The final rule exempted all agricultural operations from CERCLA reporting requirements. Barring a successful appeal to the U.S. Supreme Court, the court's ruling will require all agricultural operations to comply with CERCLA and EPCRA reporting requirements for air releases from animal waste above the defined statutory threshold.
Avian
Influenza: States Lift Restrictions
This past week, two southern states recently
affected by avian influenza announced a loosening of poultry restrictions. On April 12, 2017, the Tennessee Department of
Agriculture (TDA) announced a release “of the control zone surrounding
two Lincoln County poultry farms affected by highly pathogenic avian influenza
(HPAI).” Additionally, TDA stated that “[t]he statewide poultry health advisory
is also lifted, and poultry owners can now resume regular activity.” On April
13, 2017, the Kentucky
Department of Agriculture (KDA) announced that the state
veterinarian “has released surveillance zones surrounding two Christian County
farms following negative test results for low pathogenic avian influenza from
both commercial and backyard poultry operations.” KDA did state, however, that
“[t]he quarantines on the two affected farms remain in place pending completion
of cleaning and disinfection procedures.”
Farmland Preservation: Pennsylvania Preserves Thirty-One New Farms
Farmland Preservation: Pennsylvania Preserves Thirty-One New Farms
On April 17, 2017, the Pennsylvania
Department of Agriculture (PDA) announced that the
Commonwealth has added “2,432 more acres on 31 farms in 19 counties” to the
list of preserved farmland. According to
PDA, the preserved farmland is in the following counties: “Allegheny, Berks, Bucks,
Chester, Clinton, Cumberland, Dauphin, Juniata, Lackawanna, Lancaster, Lebanon,
Lehigh, Lycoming, Mifflin, Monroe, Montgomery, Tioga, Wayne, and Westmoreland.”
PDA stated that “[s]ince the program began in 1988, federal, state, county and
local governments have invested more than $1.3 billion to preserve 533,457
acres on 5,102 farms in 58 counties for future agricultural production.”
Federal Administrative Actions and Notices:
Federal Administrative Actions and Notices:
Agricultural Marketing Service
USDA
Farmers Market Application Notice of Request for Extension and Revision of a
Currently Approved Information Collection
Animal and Plant Health Inspection Service
Animal and Plant Health Inspection Service
Department of Justice
Environmental Protection Agency
Regulation
of Intentionally Altered Genomic DNA in Animals Extension of Comment Period
Food Safety and Inspection Service
Food Safety and Inspection Service
Pennsylvania
Administrative Actions and Notices:
Department of Environmental Protection
Senate Environmental Resources and Energy
SB
605
Pipeline Impact Fee
House Agriculture and Rural Affairs
"GIPSA
rule kicked down the road for Perdue's eventual decision"
- FoodSafetyNews
"Bills
reversing GMO pre-emption die in Oregon" -Capital
Press
"Maryland
officials seek new poultry house rules" - Meatingplace
Voting
open for Pa. apple program - FarmandDairy
"GMO
corn lawsuit advancing" - NewsPressNow
"USDA
seeks to advance modernized pork slaughter"
-Meatingplace
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