I recently discussed an important victory for farmers in the case of Branton v. Nicholas Meat, LLC. The Branton case also had another interesting discussion that should help all agricultural operations, even those that do not generate or use food processing waste (“FPW”).
One of the requirements to be protected under the Right to Farm Act is that an operation must be “lawfully” in operation for more than one year. During the operation of the farms that spread FPW, the DEP issued a couple of notices of violation (“NOV”) to the farmers. The NOVs complained of spreading FPW without an approved Nutrient Management Plan, spreading FPW during winter months and spreading within 150 feet of a stream. Continue Reading A Legal Victory for Farmers (Part 2)