Recent Right-to-Farm decisions around the U.S.

There have been several court decisions lately across the country related to states’ Right to Farm statutes. These cases provide good examples of the types of claims that can arise against a farm operation and also illustrate the differences between each state’s Right to Farm Act. The Pennsylvania Right-to-Farm Act was at issue in Burlingame v. Dagostin, 2018 WL 1530690. Since 1955, the Dagostin family has operated a farm in Luzerne County.  Up until 1990, it was a dairy, but then was switched to a beef farm.  In 2011, the family decided to convert to a concentrated animal feeding operation (CAFO) for pigs.  The farm developed a required nutrient management plan prior to beginning the CAFO operations. The facilities were built and the first shipment of pigs arrived in January 2013.  At some point after that, the Dagostin family began spreading liquid swine manure (LSM) on their surrounding farm fields.In May 2014 and April 2015, neighbors of the farm filed a nuisance suit against the Dagostin’s spreading of the LSM.  The Dagostin family moved for summary judgment arguing their operation was protected by the PA Right to Farm Act.  The trial court agreed that the Act prohibited the plaintiffs’ claims and entered judgment in favor of the Dagostins.  The plaintiffs appealed. Cases in Alaska and Georgia are also discussed.