Letter: CAFO lawsuits take time, cost money

In February, this year's first CAFO nuisance jury trial took place in Wapello County. Ten bellwether plaintiffs of a larger plaintiff group living near approximately 4,500 hogs sued CAFO owner Richard Warren, Warren Family Pork, and Cargill Pork/JBS over noxious odors.

Before the trial, Richard Warren/Warren Family Pork filed a 'Confessed Judgment,” entering into an out-of-court Confidential Settlement Agreement with plaintiffs. Many CAFO opponents consider this an important victory in and of itself. Despite vigorous arguments by plaintiff's attorneys, the jury decided for Cargill/JBS, the remaining defendant.

Nonetheless, the issue of CAFO accountability to neighbors is just beginning. Nuisance cases pose a significant commitment of time, money, public inquiry and uncertainty for CAFO owners. It's believed Warren and Cargill/JBS incurred significant legal fees in the hundreds of thousands of dollars over a 2-3 year litigation period.

Iowa Pork Producers Association attorney Eldon McAfee knows very well the cost and stress of nuisance lawsuits. He provided his annual overview of nuisance cases with recommendations to CAFO owners at the January Iowa Pork Congress.

Remarking on 12 lawsuits currently in the courts, he said, 'I can guarantee you that every producer on that list of 12 (cases) sincerely wishes they weren't on that list….”

In JFAN's opinion, these lawsuits aren't going away. There'll be wins and losses, but any time a nuisance case goes to court, it serves as a significant deterrent.

Anyone considering a CAFO should think long and hard about the ramifications of building a confinement against their neighbors' wishes.

Diane Rosenberg

Executive Director

Jefferson County Farmers & Neighbors

Fairfield