Abstract:
Abstract: “Animal feeding operations (AFOs),” or, if large enough,
“concentrated animal feeding operations (CAFOs),” have become increasingly
concentrated in ownership, location, and quantity of animals since the 1950s.
The Yakima Valley of central Washington is one area that has been subject to an
influx of these industrial farms, raising health and environmental concerns for
residents. Despite scientific evidence of potential harm, citizens have had
difficulty enforcing air emissions regulation. The problem is twofold: the EPA is
still working with the industry to develop a methodology for emission monitoring
–– the effectiveness of which remains unclear ––and, assuming monitoring
methods existed, the statutory framework provides numerous agricultural
exemptions. State “Right-to-Farm” statutes further exempt some farms from
liability under the common law. Nonetheless, this comment will demonstrate
that nuisance, trespass, and/or negligence actions, if teed up correctly in light of
the state Right-to-Farm statute, can operate to combat pollution from AFOs.
