GOOD

Rural Americans’ Struggles Against Factory Farm Pollution Find Traction In Court

It’s a breakthrough after years of government failure to protect rural communities from farms housing many animals in close quarters.

A barn that can hold up to 4,800 hogs outside Berwick, Pennsylvania. The state says the farm is in compliance with regulations, but residents have gone to court seeking relief from odors. Photo by Michael Rubinkam/AP Photo.

As U.S. livestock farming becomes more industrial, it is changing rural life. Many people now live near concentrated animal feeding operations (CAFOs) — large facilities that can house thousands of animals in close quarters. Neighbors have to contend with noxious odors, toxic emissions, and swarms of insects, and have had little success in obtaining relief — but this could be changing.


On April 26, Murphy Brown LLC, a division of Smithfield Foods, was required to pay $75,000 in compensatory damages and $50 million in punitive damages in a nuisance lawsuit filed by 10 residents of Bladen County, North Carolina, over impacts from a nearby hog farm. On June 29, another North Carolina jury awarded $25 million to a couple in Duplin County in a similar lawsuit against Smithfield Foods. Other cases are pending in North Carolina and Iowa.

Smithfield Foods is the largest hog processor and producer in the world, so these verdicts are major victories for people organizing against industrialized animal agriculture. Based on my experience studying environmental health at the community level, I see them as breakthroughs after decades of government failure to protect rural communities from negative impacts of CAFOs.

Threats to health and the environment

Iowa and North Carolina are the largest pork-producing states in the nation. Hog farms generated $6.8 billion in sales in Iowa in 2012 and $2.9 billion in North Carolina.

They also produce massive quantities of waste. Unlike human biosolids, which must meet regulatory standards for pathogen levels, vector attraction reduction, and metal content, no such standards are required for CAFO waste. Studies have linked exposure to hog farm emissions like ammonia and hydrogen to symptoms including increased stress, anxiety, fatigue, mucous membrane irritation, respiratory conditions, reduced lung function, and elevated blood pressure.

Hog waste can contaminate ground and surface water reserves through runoff, leaching, and rupturing of storage facilities. High quantities of nitrates and phosphates — from both animal waste and fertilizers used to grow feed — can also contaminate rivers and streams.

Bacteria and residual antibiotics present in hog waste have the potential to cause acute illness and infection, as well as antibiotic resistance. Rural communities are especially vulnerable to water contamination because many rely on private well water, which is not regulated by government agencies.

Impacts beyond the farm

The Bladen County lawsuit charged that waste management techniques employed by Kinlaw Farm, a local hog producer for Murphy Brown LLC, put neighbors’ health at risk and severely lowered their quality of life. The farm stored liquid manure in on-site lagoons and sprayed it on local fields as fertilizer.

High volumes of waste and frequent mishandling exposed nearby residents to noxious odors. The lagoons attracted swarms of insects onto neighboring properties, and plaintiffs complained in the lawsuit that trucks packed with dead animals drove through the neighborhood at all hours of the day.

Such conditions characterize the lives of people who live close to CAFOs. People who cherish the freedom of rural life are anguished when pollution and overpowering smells make it impossible to perform everyday tasks and engage with their community. Many feel imprisoned within their own homes.

In May 2018 Shane Rogers, a former EPA and USDA environmental engineer, published an air quality investigation that provided evidence to support the nuisance lawsuit. Using samples collected from the air and exteriors of homes neighboring Kinlaw Farm, Rogers was able to isolate hog feces DNA at 14 of the 17 homes tested. All six of the dust samples collected from the air contained “tens of thousands to hundreds of thousands of hog feces DNA particles.”

Based on such high concentrations, Rogers deemed it highly likely that these contaminants could enter the houses. The presence of fecal matter in homes may provide grounds for a trespassing claim, as it falls under the definition of a physical invasion of another person’s property.

Pork producers respond

Although the North Carolina settlement is a major step forward for rural communities, the industry is pushing back. Smithfield Foods has condemned such lawsuits as “nothing more than a money grab by a big litigation machine.” The company asserts that because Kinlaw Farm fully complied with all federal, state, and local laws and regulations, such lawsuits only threaten the livelihoods and economic prosperity of thousands of North Carolinians employed by the industry.

A few weeks after the April verdict, the judge reduced the settlement from $50.75 million to $3.25 million, pursuant to a North Carolina law which caps punitive damages at either three times the amount of compensatory damages awarded or $250,000. This allotment does not address community members’ suffering, and jurors were unaware of the law limiting punitive damages when they reached their decision.

In response to 23 nuisance cases filed by over 500 residents, the North Carolina legislature recently voted to expand its right-to-farm law, overriding Gov. Roy Cooper’s veto. These laws were originally designed to protect farms from people who moved in nearby and then complained about noise and odors. However, industries in some agricultural states have pushed legislatures to expand the statutes to make it harder to sue CAFOs.

An under-regulated industry

In my view, current measures in place to protect rural communities from factory farms are grossly insufficient. CAFOs have been defined as point sources of pollution under the Clean Water Act for over 40 years. This means they should have to obtain permits to discharge waste into river, streams, or surface waters. But due to industry pushback, lobbying, and privacy concerns, it is estimated that only 33% of CAFOs operated with such permits as of 2017.

Environmental advocates also contend that CAFOs qualify as stationary pollution source under the Clean Air Act. Instead, the U.S. Environmental Protection Agency has pursued a voluntary approach for more than a decade that centers on studying how to monitor CAFO air emissions.

In sum, I see governmental agencies as complicit within a system of production that prioritizes private interests rather than the well-being of communities and the environment. Research has shown that these operations disproportionately burden communities of color in rural North Carolina, so this is a major environmental justice issue.

In order for CAFOs and communities to coexist harmoniously, the entire structure of the present food system must change. In addition to strengthening regulations on factory farm emissions and discharges, I think regulators should provide incentives for CAFOs to invest in sustainable technologies and alternative waste management systems.

These farms should also be offered incentives to publicly report quality and safety data and expected impacts on host and nearby communities. This kind of information would increase rural residents’ negotiating power.

Given the Trump administration’s anti-regulatory slant and proposed budget cuts, the federal government is unlikely to lead in this area. However, the North Carolina verdicts and pending cases in Iowa could lead to greater industry transparency and empower more rural citizens to take action against CAFOs in their communities.

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via Thomas Ledia / Wikimedia Commons

On April 20, 1889 at the Braunau am Inn, in Upper Austria Salzburger located at Vorstadt 15, Alois and Klara Hitler brought a son into the world. They named him Adolph.

Little did they know he would grow up to be one of the greatest forces of evil the world has ever known.

The Hitlers moved out of the Braunau am Inn when Adolph was three, but the three-story butter-colored building still stands. It has been the subject of controversy for seven decades.

via Thomas Ledia / Wikimedia Commons

The building was a meeting place for Nazi loyalists in the 1930s and '40s. After World War II, the building has become an informal pilgrimage site for neo-Nazis and veterans to glorify the murderous dictator.

The building was a thorn in the side to local government and residents to say the least.

RELATED: He photographed Nazi atrocities and buried the negatives. The unearthed images are unforgettable.

For years it was owned by Gerlinde Pommer, a descendant of the original owners. The Austrian government made numerous attempts to purchase it from her, but to no avail. The building has served many purposes, a school, a library, and a makeshift museum.

In 1989, a stone from the building was inscribed with:

"For Peace, Freedom

and Democracy.

Never Again Fascism.

Millions of Dead Remind [us]."

via Jo Oh / Wikimedia Commons

For three decades it was home to an organization that offered support and integration assistance for disabled people. But in 2011, the organization vacated the property because Pommer refused to bring it up to code.

RELATED: 'High Castle' producers destroyed every swastika used on the show and the video is oh-so satisfying

In 2017, the fight between the government and Pommer ended with it seizing the property. Authorities said it would get a "thorough architectural remodeling is necessary to permanently prevent the recognition and the symbolism of the building."

Now, the government intends to turn it into a police station which will surely deter any neo-Nazis from hanging around the building.

Austria has strict anti-Nazi laws that aim to prohibit any potential Nazi revival. The laws state that anyone who denies, belittles, condones or tries to justify the Nazi genocide or other Nazi crimes against humanity shall be punished with imprisonment for one year up to ten years.

In Austria the anti-Nazi laws are so strict one can go to prison for making the Nazi hand salute or saying "Heil Hitler."

"The future use of the house by the police should send an unmistakable signal that the role of this building as a memorial to the Nazis has been permanently revoked," Austria's IInterior Minister, Wolfgang Peschorn said in a statement.

The house is set to be redesigned following an international architectural competition.

Communities
Center for American Progress Action Fund

Tonight's Democratic debate is a must-watch for followers of the 2020 election. And it's a nice distraction from the impeachment inquiry currently enveloping all of the political oxygen in America right now.

For most people, the main draw will be newly anointed frontrunner Pete Buttigieg, who has surprisingly surged to first place in Iowa and suddenly competing in New Hampshire. Will the other Democrats attack him? How will Elizabeth Warren react now that she's no longer sitting alone atop the primary field? After all, part of Buttigieg's rise has been his criticisms of Warren and her refusal to get into budgetary specifics over how she'd pay for her healthcare plan.

The good news is that Joe Biden apparently counts time travel amongst his other resume-building experience.

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via Mike Mozart / Flickr

Chick-fil-A is the third-largest fast food chain in America, behind McDonald's and Starbucks, raking in over $10 billion a year.

But for years, the company has faced boycotts for supporting anti-LGBT charities, including the Salvation Army, the Fellowship of Christian Athletes, and the Paul Anderson Youth Home.

The Salvation Army faced criticism after a leader in the organization implied that gay people "deserve to die" and the company also came under fire after refusing to offer same-sex couples health insurance. But the organization swears it's evolving on such issues.

via Thomas Hawk / Flickr

The Fellowship of Christian Athletes explicitly announced it was anti gay marriage in a recent "Statement of Faith."

God instituted marriage between one man and one woman as the foundation of the family and the basic structure of human society. For this reason, we believe that marriage is exclusively the union of one man and one woman.

The Paul Anderson Youth Home teaches boys that homosexuality is wrong and that same-sex marriage is "rage against Jesus Christ and His values."

RELATED: The 1975's singer bravely kissed a man at a Dubai concert to protest anti-LGBT oppression

In 2012, Chick-fil-A's CEO, Dan Cathy, made anti same-sex marriage comments on a radio broadcast:

I think we are inviting God's judgment on our nation when we shake our fist at Him and say, "We know better than you as to what constitutes a marriage". I pray God's mercy on our generation that has such a prideful, arrogant attitude to think that we have the audacity to define what marriage is about.

But the chicken giant has now decided to change it's says its charitable donation strategy because it's bad for business...Not because being homophobic is wrong.

The company recently lost several bids to provide concessions in U.S. airports. A pop-up shop in England was told it would not be renewed after eight days following LGBTQ protests.

Chick-fil-A also has plans to expand to Boston, Massachusetts where its mayor, Thomas Menino, pledged to ban the restaurant from the city.

via Wikimedia Commons

"There's no question we know that, as we go into new markets, we need to be clear about who we are," Chick-fil-A President and Chief Operating Officer Tim Tassopoulos told Bisnow. "There are lots of articles and newscasts about Chick-fil-A, and we thought we needed to be clear about our message."

RELATED: Alan Turing will appear on the 50-pound note nearly 70 years after being persecuted for his sexuality

Instead, the Chick-fil-A Foundation plans to give $9 million to organizations that support education and fight homelessness. Which is commendable regardless of the company's troubled past.

"If Chick-Fil-A is serious about their pledge to stop holding hands with divisive anti-LGBTQ activists, then further transparency is needed regarding their deep ties to organizations like Focus on the Family, which exist purely to harm LGBTQ people and families," Drew Anderson, GLAAD's director of campaigns and rapid response, said in a statement.

Chick-fil-A's decision to back down from contributing to anti-LGBT charities shows the power that people have to fight back against companies by hitting them where it really hurts — the pocket book.

The question remains: If you previously avoided Chick-fil-A because it supported anti-LGBT organizations, is it now OK to eat there? Especially when Popeye's chicken sandwich is so good people will kill for it?

Lifestyle
via Gage Skidmore / Flickr and nrkbeta / flickr

The Southern Poverty Law Center (SPLC) dropped a bombshell on Tuesday, announcing it had over 900 emails that White House aide Stephen Miller sent to former Breitbart writer and editor Katie McHugh.

According to the SPLC, in the emails, Miller aggressively "promoted white nationalist literature, pushed racist immigration stories and obsessed over the loss of Confederate symbols after Dylann Roof's murderous rampage."

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