Committee reviews S.45 draft 1.2: shifts in nuisance law, CAFO permits and proof standards for farms

A House committee on April 2 examined draft 1.2 of S.45, a proposed change to Vermont law that would alter when agricultural activities can be treated as a private nuisance and what a farm must show to claim protection.

The draft would attach nuisance protection to farms that can demonstrate “good standing” with state agencies and that their operations follow generally accepted agricultural practices, and it explicitly incorporates requirements tied to concentrated animal feeding operation (CAFO) permits. The bill would remove trespass from the statute’s protection while preserving plaintiffs’ rights to bring claims for flooding, water pollution and similar harms in specified circumstances.

Why it matters: The committee heard from state and outside counsel, environmental advocates and agriculture officials who said the revisions could shorten litigation for farms, narrow the factual issues courts must decide and interact with federal Clean Water Act enforcement and EPA oversight on CAFO permitting. The changes would affect how neighbors and farms handle odor, runoff, particulate matter and other cross-boundary impacts.

Steve Collier, general counsel for the Vermont Agency of Agriculture, said his office “prefer[s] the bill to pass the Senate” but offered technical edits intended to avoid unintended litigation. Collier recommended clarifying that…