Northfield Farm Factual Summary

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Week 7 Assignment LAWS-310-ON-B, The Legal Environment Devry University June 18, 2012 Factual Summary: NICE (neighbors invested in a clean environment) is bringing a civil suit against Northfield Farms. Northfield Farms is one of largest dairy farms in the state, with a total of 2900 cows. Northfield Farms does not set cows out to pasture like traditional dairy farms; cows remain in pens except when milked (three times a day). The cows produce excessive manure, which is liquefied and stored in six storage lagoons over the property, each lagoon containing 6-8 million gallons of manure. This creates a “horrific smell,” according to plaintiff Sam Anxious, who lives in the parcel next to the dairy farm. The stored manure is also used…show more content…
I concur with the court’s rulings to some degree. I believe a manure aroma from the farm is unavoidable; therefore, a prudent person who moves next to a dairy farm should expect an odor. It would be irrational to force the dairy farm to eliminate the smell, especially since the manure is required to fertilize the soil. Consequently, the smell does not constitute as a private nuisance to Sam Anxious as it fails the test of reasonableness. Although the odor is reasonable to expect, the broken pipe that poured manure into Mr. Anxious’s yard caused a trespass. The dairy farm interfered with the use of his land by saturating it with manure. They should repay Mr. Anxious $500 for cleanup and incur some extra fees for the inconvenience. I also concur Northfields took some reasonable precautions to prevent manure overflow by building pipes, but they need to take further measures to prevent flooding onto neighbor private…show more content…
Northfield Farms does not qualify for any exemptions under the Act as it is a CAFO. It owns more than 700 cows, and does not grow crops where the cows are penned. The existence of pipes and machines for manure dispersal further meet the criteria for point sources (C.A.R.E v Southview Farms, 1994). In sum, Northfields needs a permit to dispose of the waste, and should be fined. Also, the excessive manure present in rainwater runoff during heavy storms cannot be called “agricultural stormwater discharges.” In C.A.R.E v Southview Farms, “The run-off was primarily caused by the over-saturation of the fields rather than the rain and that sufficient quantities of manure were present so that the run-off could not be classified as "stormwater."” (1994). Therefore, Northfield Farms is in violation of the CWA for its disposal method of waste products as well as the manner in which waste floods surrounding private property. References Concerned Area Residents for the Environment v. Southview Farm 34 F.3d 114 (2d Cir. 1994) McAdams, T., Neslund, N., & Zucker, K. (2009). Law, business, and society (9th ed.). New York:
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