IATP Hog Report - Institute for Agriculture and Trade Policy
IATP Hog Report - Institute for Agriculture and Trade Policy
IATP Hog Report - Institute for Agriculture and Trade Policy
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Section 7<br />
groups can litigate against corporate hog factories, but only if the hog<br />
factories are not protected by limited liability status.<br />
Kentucky<br />
Democracy Resource Center in Lexington, Kentucky, assisted grassroots<br />
groups <strong>and</strong> individuals in getting local ordinances passed <strong>and</strong> pressing the<br />
governor <strong>for</strong> a moratorium on new animal factory permits <strong>and</strong> strict<br />
environmental regulations. Resident concern led to a 90-day moratorium<br />
<strong>and</strong> the development of new regulations, including integrator liability <strong>for</strong><br />
cleanup <strong>and</strong> closure. Kentucky enacted emergency swine regulations that<br />
include provisions to make the swine integrator share in the environmental<br />
responsibilities.<br />
South Dakota<br />
In South Dakota, Senate Bill 239, signed March 3, 1998, imposes legal<br />
responsibility <strong>and</strong> tort liability <strong>for</strong> environmental damages caused by the<br />
negligent entrustment of livestock to another or negligent control or<br />
specification of design, construction or operation of livestock facilities.<br />
Litigating against polluters<br />
Missouri<br />
One hundred nine Northwest Missouri residents were plaintiffs in a<br />
lawsuit, filed in 1996, against Continental Grain, which began operating<br />
hog facilities in Daviess, Gentry, Grundy <strong>and</strong> Worth Counties in 1994.<br />
The case went to trial in St. Louis District Court in January 1999.<br />
Citizens testified about respiratory problems, nausea, stress, even a spray<br />
of pig manure on their vehicles from a device that shoots the waste onto<br />
farm fields.<br />
According to plaintiffs' attorney, Continental Grain had promised to create<br />
jobs <strong>and</strong> adhere to strict environmental st<strong>and</strong>ards at its 200,000-pig farms.<br />
But internal memos suggested the company lied to its neighbors, cut<br />
corners, deceived state environmental officials, put hogs in facilities that<br />
were not yet permitted in a rush to begin operations, <strong>and</strong> deflected<br />
problems by using strategies devised by its public relations <strong>and</strong><br />
engineering consultants.<br />
On May 1, 1999, after more than a week of deliberation, a St. Louis jury<br />
determined that Continental Grain owed $5.2 million to 52 neighbors of its<br />
hog factories in northwestern Missouri.<br />
http://www.iatp.org/hogreport/sec7.html (8 of 13)2/27/2006 3:50:18 AM