Clean Environment Essay

534 WordsDec 11, 20113 Pages
FACTS: In this scenario, we see that an environmental neighborhood group known as NICE (Neighbors Invested in a Clean Environment), is filing a citizen’s lawsuit against the liquid manure spreading operation of the large dairy farm known as Northfield Farms, one of the largest dairy farms in the state and has forty-three employees. The farm is composed of 1,500 crop acres and has an animal population of 1,400 head of mature cows with over 1,500 head of young cattle, heifers and calves, making a total of 2,900 animals., . The owner of the farm, Chris Lively, is being sued by NICE - for public and private nuisance as well as trespassing. According to the Website Crime Victim Law (Brody), a civil lawsuit has five distinct components. Why has N.I.C.E (Neighbors Invested in a Clean Environment) brought this common law lawsuit against the dairy farm? NICE submits under common law that it has established that the defendant, Northfield Farm, has created a public nuisance that is unreasonable when it allows the manure to flow into the river used by its neighbors. In addition, Sam Anxious has suffered a private nuisance, because the smell has significantly reduced his pleasure and enjoyment of his property. Also, when the pipe broke, and when the manure spills directly on his property during heavy rains, he has suffered a trespass to his property. In his statement, Sam states, “Unlike old-fashioned dairy farms, Northfield's operations do not involve pasturing the cows. Instead, the cows remain in their barns except during the three times per day milking procedure. Also unlike old-fashioned dairy farms where the accumulated manure was spread by a manure spreader, Northfield's rather enormous manure operations are largely performed through the use of storage lagoons and liquid cow manure. There are six storage lagoons on the main farm property. One four-acre manure

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