; Managing Manure: Using Good Neighbor Agreements to Regulate Pollution from Agricultural Production
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Managing Manure: Using Good Neighbor Agreements to Regulate Pollution from Agricultural Production

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While public perception of agricultural waste has not improved since Cook v. Hatcher, the agriculture industry has changed significantly. In 1880, twenty-two million people lived on farms; today, fewer than five million people do. Although the number of farms has declined drastically, average farm size has actually increased; the top 20% of productive farms account for 90% of all farm output. Many of these large-scale farms are concentrated animal feeding operations (CAFOs), which are farms that accommodate a sizable number of animals. Because of the growing number of CAFOs in the US, American agriculture has maintained its productivity despite a decreasing number of farms nationwide. Although the agriculture industry has advanced radically in the last one hundred years, environmental laws that affect the industry have not. The nuisance suit, an antiquated common law action, fails to provide adequate controls to protect the environment or promote sustainable agriculture.

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