CRANBERRY SUIT NOT OVER AFTERALL
Thursday, February 21st, 2008 -- 1:59 PM
Farmers hoping a landmark challenge to Wisconsin's Right To Farm law was over may be disappointed.Recently, the District 3 Court of Appeals affirmed a trial court's ruling in favor of the Sawyer County cranberry grower who had been sued for being an environmental nuisance. The state says they won't appeal, but the landowners who initiated the suit say they will appeal to the Wisconsin Supreme Court.
Greenwood-area farmer Bill Herr has been farming since 1971. He currently serves on the U.S. Department of Agriculture's Dairy Promotion and Research Board. He says the Right to Farm legislation protects farmers from "nuisance" lawsuits?
"What we as farmers see as a normal day-to-day operation could be seen as a nuisance to a non-farmer," Herr says. "That's why I think it's so important that we uphold this law."
Herr says there are some definite "gray areas" when it comes to farmers being a nuisance to their neighbors, but farmers try to be good stewards of the land. They already follow regulations on the spreading of manure and erosion issues, and are self-funding studies?
"The National Dairy Board just authorized $6-million to study air emissions on farms. They're monitoring the gases and smells of these various operations," Herr says.
Ag-advocates say Right To Farm is especially important with increasing urban sprawl; they say farmers shouldn't be sued as long as they're following current rules and regulations.
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