Debate over 'S 45' right-to-farm bill focuses on trespass language and water protections

A Senate Judiciary Committee hearing on S 45, a proposed revision to Vermont—s right-to-farm law, drew sharply divided testimony April 1 over whether the bill should extend the statute—s protections to trespass claims and how the measure treats water pollution and compliance with required agricultural practices.

The bill would expand rights currently used to limit nuisance lawsuits against farms. Supporters including farmers and Agency of Agriculture officials told the committee the measure would protect farm families from costly suits and help stabilize agricultural operations. Opponents from environmental organizations said adding trespass would create an additional legal barrier for neighbors harmed by discharges such as pesticide or manure runoff and would rely on state regulatory determinations that are currently inconsistent.

Bill Groban, policy and water program director at the Vermont Natural Resources Council, said the bill as written would improperly expand the law and urged lawmakers to remove trespass protections. "I urge you to remove trespass from the bill," Groban said, arguing that trespass claims raise distinct issues — physical entry, discharges and contamination — that differ from classic nuisance claims about odor and noise. Groban warned that adding trespass protection would put Vermont out of step with most neighboring states and could block a neighbor who finds pesticides or other contaminants in a drinking…