Agency of Agriculture urges clearer standards on S.45 to resolve farm-nuisance uncertainty

Summary

At a Senate Judiciary hearing on S.45, Steve Collier of the Agency of Agriculture told the committee the bill's current language is too vague, would generate costly litigation, and should be tied to clear regulatory standards such as the state's required agricultural practices and federal Clean Water Act rules.

The Vermont Senate Judiciary Committee heard extended discussion on S.45 on a pause day in the hearing schedule as Steve Collier of the Agency of Agriculture urged the committee to clarify the bill's standards for farm-nuisance claims.

Collier told the committee that the bill, as drafted, raises significant uncertainty about what plaintiffs must prove and what protections farmers actually receive. "If you adopt the language that's proposed and if a neighbor can prove that a farmer is violating the water quality regulations or the pesticide regulations or is not practicing in accordance with standard practices, they have a claim," Collier said. "But right now, they don't have to prove any of that." He said the statute's current rebuttable-presumption language creates "holes" and will lead to inconsistent outcomes and expensive litigation.

The debate matters because S.45 would reshape how nuisance and trespass…

Agency of Agriculture urges clearer standards on S.45 to resolve farm-nuisance uncertainty

Summary

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