On August 12, 2009, the Pennsylvania Attorney General’s Office filed a lawsuit against the Peach Bottom Township in Commonwealth Court over alleged violations of Pennsylvania farming laws as they relate to large-scale farming operations.Peach Bottom Township has a law that requires Concentrated Animal Feeding Operations (CAFOs) be located on “low-quality” farm land. Subsequently, Eric Gemmil submitted a request before the township zoning hearing board to put a 4,400-hog CAFO on his family’s 120 acre farm. The request was denied by the board because the land was not deemed low-quality.
The state has responded by declaring the denial of the CAFO location is a violation of the Agriculture, Communities and Rural Environment Act. This statute prohibits local governments from passing ordinances that limit “normal” agricultural practices. The exception to the statute would be if there is a state statute that grants the local government the authority to regulate such practices.
Previously, following rejection of Gemmil’s application, the state tried working with the township on ways to amend its ordinance to be in compliance with existing state regulations. While some minor changed were made by the township, the low-quality land requirement for CAFO locations stood.
Additionally, according to the New York Daily Record article by Lori Badders, the lawsuit also alleges the township’s ordinance violates the state Nutrient and Odor Management Act, Agriculture Security Area Act, the Right to Farm Act, the Clean Stream Law, and the Municipalities Planning Code. Badders quotes state Attorney General spokesman Nils Frederiksen describing the importance of the lawsuit, ‘“This about protecting the rights of everyone. Any time you have a municipality violating citizen’s rights, be it a farmer or another resident, we have a problem [.]”’
To read the New York Daily Record story on the lawsuit click here.
Posted: 08/20/09
