Introduction
Once relatively unaffected by environmental regulation, agriculture now finds itself under siege by the federal government, states, local boards, and citizen organizations seeking to change its traditional methods of operation. Regulators and citizens' groups no longer associate agriculture with family farms but instead regard agriculture as an industry in need of more regulation.
Nowhere is this trend toward stricter regulation more evident than in environmental law. Regulators are targeting agricultural operations for greater controls over the storage of manure, land application of manure, manure runoff into streams, odors, fugitive dust, air emissions, and fertilizer runoff. State and local agencies are imposing burdensome siting requirements on new or expanding agricultural facilities. Neighbors and citizen groups are quick to file lawsuits to block the construction of new animal feeding facilities and to hinder the operation of existing farming operations.
