A small-scale hog farm has pitted neighbor against neighbor and local ordinances against state laws.

Farmers say they are dealing with more "nuisance" complaints from neighbours who don't understand farm operations produce noise, dust, and smells.

(Beyond Pesticides, August 15, 2014) Residents of Southern Oregon are tired of being told that farming and forest industry rights to pollute and spray toxic chemicals trump their rights to live healthy lives, so they are taking the matter to court, except not in the way most would assume. Because unlike many instances where citizens could allege nuisance and trespass for toxic or smelly invasions onto private property and into their lives, Oregon residents and many others across the country are prohibited by law from filing such claims against agricultural industries. Known generally as Right-to-Farm Acts, Oregon’s Farm and Forest Practices Act prohibits local laws from making farming and forest practices a nuisance or trespass. The law also grants immunity from private actions, unless, of course, severe injury or death resulted. As one of the attorneys, Chris Winters of the Crag Law Center, representing the Oregon residents explained to reporters, “The law basically grants an immunity to people who spray pesticides from being held responsible.” In filing the lawsuit, plaintiffs hope that a court will change all of this and invalidate the Farm and Forest Practices Act as unconstitutional, because of the state’s constitutional guarantee of remedy for injury to […]