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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

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