Negotiators debate 'noxious' standard, burden shift in Vermont farm-nuisance bill

House and Senate negotiators on a conference committee discussed a proposed change to Vermont's nuisance law that would expand legal protections for agricultural activities, shift the burden of proof to plaintiffs, and more narrowly define "generally accepted agricultural practices." The negotiators did not complete a final agreement during the session.

The committee's chair said the version the House passed was a compromise intended to be "the bill that we can get through," and urged conference members to try to finish a report the same day. Lawmakers present described three principal changes in the draft: extending protection when a farm changes methods or begins farming previously unused land; preserving a rebuttable presumption that agricultural activity is not a nuisance while shifting certain burdens of proof; and adding a statutory description of "generally accepted agricultural practices," tied to existing permits and rules such as CAFO permits and…