Rural Americans Breathe Life Into the Fight Against Factory Farm Polluters
By Sacoby Wilson
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 ten 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
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, such as ammonia and hydrogen sulfide, 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.
U.S. hog farms are concentrated in the Midwest and Southeast.
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 U.S. Environmental Protection Agency (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 more than 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 Underregulated 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 more than 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 percent 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 EPA 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.
Iowans Fight Back Against Factory Farms—So Can You https://t.co/e6GP5y4o8H #FactoryFarming #CAFOs @OrganicConsumer… https://t.co/TE8J2qifem— EcoWatch (@EcoWatch)1517508218.0
Disclosure statement: Sacoby Wilson received funding for research on hog CAFOs from the U.S. Environmental Protection Agency and the National institutes of Health from 1998-2005.
Crystal Mehdizadeh, a bachelor's degree candidate in public health science at the University of Maryland-College Park, contributed to this article.
Reposted with permission from our media associate The Conversation.
By Gwen Ranniger
Fertility issues are on the rise, and new literature points to ways that your environment may be part of the problem. We've rounded up some changes you can make in your life to promote a healthy reproductive system.
Infertility and Environmental Health: The Facts<ul> <li>Sperm count is declining steeply, significantly, and continuously in Western countries, with no signs of tapering off. Erectile dysfunction is on the rise, and women are facing increasing rates of miscarriage and difficulty conceiving.</li><li>Why? A huge factor is our environmental health. Hormones (particularly testosterone and estrogen) are what make reproductive function possible, and our hormones are increasingly being negatively affected by harmful, endocrine-disrupting chemicals commonplace in the modern world—in our homes, foods, and lifestyles.</li></ul>
What You Can Do About It<p>It should be noted that infertility can be caused by any number of factors, including medical conditions that cannot be solved with a simple change at home.</p><p><em>If you or a loved one are struggling with infertility, our hearts and sympathies are with you. Your pain is validated and we hope you receive answers to your struggles.</em></p><p>Read on to discover our tips to restore or improve reproductive health by removing harmful habits and chemicals from your environment.</p>
Edit Your Health<ul><li>If you smoke, quit! Smoking is toxic, period. If someone in your household smokes, urge them to quit or institute a no-smoking ban in the house. It is just as important to avoid secondhand smoke.</li><li>Maintain a healthy weight. Make sure your caloric intake is right for your body and strive for moderate exercise.</li><li>Eat cleanly! Focus on whole foods and less processed meals and snacks. Studies have found that eating a Mediterranean-style diet is linked to increased fertility.</li><li>Minimize negative/constant stress—or find ways to manage it. Hobbies such as meditation or yoga that encourage practiced breathing are great options to reduce the physical toll of stress.</li></ul>
Edit Your Home<p>We spend a lot of time in our homes—and care that what we bring into them will not harm us. You may not be aware that many commonly found household items are sources of harmful, endocrine-disrupting compounds. Read on to find steps you can take—and replacements you should make—in your home.</p><p><strong>In the Kitchen</strong></p><ul> <li>Buy organic, fresh, unprocessed foods whenever possible. <a href="https://www.ehn.org/clean-grocery-shopping-guide-2648563801.html" target="_blank">Read our grocery shopping guide for more tips about food.</a></li><li>Switch to glass, ceramics, or stainless steel for food storage: plastics often contain endocrine-disrupting chemicals that affect fertility. <a href="https://www.ehn.org/bpa-pollution-2645493129.html" target="_blank" rel="noopener noreferrer">Learn more about the dangers of plastic here.</a></li><li>Ban plastic from the microwave. If you have a plastic splatter cover, use paper towel, parchment paper, or an upside-down plate instead.</li><li>Upgrade your cookware: non-stick may make life easier, but it is made with unsafe chemical compounds that seep into your food. Cast-iron and stainless steel are great alternatives.</li><li>Filter tap water. Glass filter pitchers are an inexpensive solution; if you want to invest you may opt for an under-the-sink filter.</li><li>Check your cleaning products—many mainstream products are full of unsafe chemicals. <a href="https://www.ehn.org/how-to-shop-for-cleaning-products-while-avoiding-toxics-2648130273.html" target="_blank" rel="noopener noreferrer">Check out our guide to safe cleaning products for more info</a>.</li></ul><p><strong>In the Bathroom </strong></p><ul> <li>Check the labels on your bathroom products: <em>fragrance-free, paraben-free, phthalate-free</em> and organic labels are all great signs. You can also scan the ingredients lists for red-flag chemicals such as: triclosan, parabens, and dibutyl phthalate. Use the <a href="https://www.ewg.org/skindeep/" target="_blank">EWG Skin Deep database</a> to vet your personal products.</li><li>Ditch the vinyl shower curtain—that new shower curtain smell is chemical-off gassing. Choose a cotton or linen based curtain instead.</li><li>Banish air fresheners—use natural fresheners (an open window, baking soda, essential oils) instead.</li></ul><p><strong>Everywhere Else</strong></p><ul><li>Remove wall-to-wall carpet. If you've been considering wood or tile, here's your sign: many synthetic carpets can emit harmful chemicals for years. If you want a rug, choose wool or plant materials such as jute or sisal.</li><li>Prevent dust build-up. Dust can absorb chemicals in the air and keep them lingering in your home. Vacuum rugs and wipe furniture, trim, windowsills, fans, TVs, etc. Make sure to have a window open while you're cleaning!</li><li>Leave shoes at the door! When you wear your shoes throughout the house, you're tracking in all kinds of chemicals. If you like wearing shoes inside, consider a dedicated pair of "indoor shoes" or slippers.</li><li>Clean out your closet—use cedar chips or lavender sachets instead of mothballs, and use "green" dry-cleaning services over traditional methods. If that isn't possible, let the clothes air out outside or in your garage for a day before putting them back in your closet.</li><li>Say no to plastic bags!</li><li>We asked 22 endocrinologists what products they use - and steer clear of—in their homes. <a href="https://www.ehn.org/nontoxic-products-2648564261.html" target="_blank">Check out their responses here</a>.</li></ul>
Learn More<ul><li>For more information and action steps, be sure to check out <em>Count Down: How Our Modern World Is Threatening Sperm Counts, Altering Male and Female Reproductive Development, and Imperiling the Future of the Human Race</em> by EHS adjunct scientist Shanna Swan, PhD: <a href="https://www.shannaswan.com/" target="_blank" rel="noopener noreferrer">available for purchase here.</a></li><li><a href="https://www.ehn.org/st/Subscribe_to_Above_The_Fold" target="_blank" rel="noopener noreferrer">Sign up for our Above the Fold Newsletter </a>to stay up to date about impacts on the environment and your health.</li></ul>
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