Iowa Supreme Court reverses itself, making it harder to sue hog confinements

[rurallib]

https://iowacapitaldispatch.com/2022/06/30/iowa-supreme-court-reverses-itself-making-it-harder-to-sue-hog-confinements/?eType=EmailBlastContent&eId=9b01744e-d65c-4309-bfd2-0427ffaaec69


The Iowa Supreme Court on Thursday made it harder for landowners to sue for damages caused by large-scale animal confinements, saying it “wrongly decided” a 2004 case on Iowa’s right-to-farm law.

In a 4-3 decision, the court concluded that its 2004 ruling on such matters, though reaffirmed in 2018, was incorrect. The majority of justices said Iowa courts should now apply a simplified test in deciding the constitutionality of a law that shields animal confinements from litigation.

The effect of Thursday’s ruling is that it will likely be more difficult for Iowans to sue confined animal feeding operations, or CAFOs, for the negative impact they have on neighboring landowners.

The case at hand involves an Iowa farmer, Gordon Garrison, who had appealed a lower court’s dismissal of his lawsuit against New Fashion Pork and BWT Holdings, owners of a CAFO near his property. In his lawsuit, Garrison sued companies for trespassing, creation of a nuisance and the creation of drainage issues on his land.

Looks like Iowa will be getting even stinkier.

Also looks like “wrongly decided” will become a RW mantra to throw out case law they don't like.

[milestogo]

1. If you care about the planet, stop eating meat.

[HAB911]

2. will this keep TFG from going to prison?

[zeusdogmom]

3. Especially meat produced in these large CAFOs

If your budget can handle it - because it tends to be more expensive - and if it available for you, buy locally produced meats, etc. from the small farmer who actually grew and cared for the animals.

[rurallib]

4. Amen to that

[The Revolution]

5. Iowa used to have a nonpartisan system

for appointing justices to the state Supreme Court. It was a system that should have served as a model for the nation. Judges promoted based on merit and experience (imagine that!)

Then Reynolds gets in there and she and the Republicans in the statehouse are more than happy to corrupt this process. Just like at the federal level. Put in people that to make decisions in line with your party's wishes, rather than the law.

When historians centuries from now write about the decline of the United States, this corruption of the judicial process will almost certainly be listed as a primary cause.

[rurallib]

6. Iowa used to have a lot of things

The last decade has really changed the place.

[dalton99a]

7. Iowa used to be a progressive state

The 3rd state to legalize same-sex marriage

A state university that named a football stadium after a black football player

In a lily-white state