North Carolina’s Hog Industry Is A Telling Example of Crumbling Tort Law in America

After colonial-era tobacco fields gradually fell out of fashion, North Carolina established a rich history of hog farming. What seemed an economic lifeboat has posed serious environmental and health hazards to the people most intertwined in the process. North Carolina produces 10 billion gallons of wet livestock waste annually, most of which resides in uncovered waste lagoons that are prone to flooding during hurricanes- an issue that will only become more prevalent as climate change worsens. To prevent natural overflow, most of the fecal water is used to fertilize crops, which introduces issues of nitrogen concentration groundwater and river runoff.

A rust-colored hog waste basin looks far from any ponds we know. Credit DEFMO via WUNC (Magnus & Stasio, “A Big Look at Big Hog in North Carolina”)

Most of these ponds exist in majority black and latinx communities who, historically, have been disenfranchised through sharecropping, and rarely benefit from the wealth that is generated by multigenerational contract hog farmers. Rather, an experience of lifelong asthma and shortened life spans is steadily present. Community members in Bladen County recently sued Smithfield farms for violating the right to “private use and enjoyment of land” through negligent waste-management practices, and won. Members lamented the lack of mobility, feeling trapped in their houses, as trips outside swiftly caused nausea and headaches- a disadvantage many of us are only recently experiencing. Millions were awarded to plaintiffs, but restrictions on nuisance suits relating to hog operations quickly followed. 

 

The state has a history of restricting suits and issuing moratoriums in relation to swine litigation, as public officials receive sizable campaign donations from contracting companies who control the market, enacting a tort law that, little-by-little, chips away individual capacity to address industry malfeasance- a national pattern in tort law that was exponentially embraced after the famous Liebeck v. McDonald’s hot coffee case. Another product of the litigation required individual farms to significantly reduce odor in ten days, through the installation of pond covers and methane energy converters at their own expense- a demand that farmers under Smithfield felt impossible. With many farmers soon in violation of court demands and breach of Smithfield contract, they saw their pigs carted off and livelihoods destroyed. 

Source: Yeoman, Barry. (2019, Dec 20). Here are the rural residents who sued the world’s largest hog producer over waste and odors— and won. Retrieved from The Fern.