The Right to Farm Act prevents nuisance suits against established farm operations.
Here is a reasonable protective statute, Gary Baise, our colleague who defends farming and ag interests, sent me info that the 7th US Circuit court upheld the constitutionality of the Indiana Right to Farm legislation. I am not sure the 7th Circuit was right on this one.
Here’s the news on the 7th Circuit opinion
A close look at the Statute makes me wonder–the protection of farming may, in some minds, not apply to a change in the nature of the farm of a major kind. This case involved a change of the farm in 2007 from a row crop farm to a major pig operation with 2,800 pigs after the suing neighbors had moved in and were established. I don’t read the Farm protection act to be so broadly protective. For example, if I have 80 acres of row crops with a few head of cattle does that mean I am protected if I change it to a 80 acre feedlot?
Feedlots for cattle and pigs can’t help but be smelly and the protections statute doesn’t allow just any change to be considered protected, as I read it.