Westlaw News

SCOTUS cert denial cements Indiana CAFOs' protection from nuisance suits

The U.S. Supreme Court Monday declined to review a lower court ruling challenging the constitutionality of a state law that has been shielding an industrial-scale 8,000-head hog farm from a nuisance lawsuit from neighbors who say the foul smell has ruined their property.

The high court refused to consider the neighbors’ arguments that Indiana’s Right to Farm Act (RTFA) violates the U.S. Constitution’s takings clause in barring nuisance claims from neighbors of farms that transform into industrial-scale concentrated animal feeding operations (CAFOs). The plaintiffs alleged that the animals’ “noxious emissions” had deprived them from making a productive or economic use of their property.

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