Preparing for Hurricane Florence

With the approach of Hurricane Florence, questions being asked about what are farmers doing to protect their animals and farms from potential floods?

The simple answer is: EVERYTHING THEY CAN!Hurricanes are not taken lightly in North Carolina, especially by farmers. We have seen first-hand the devastation that they produce. Actions have been taken, not just in days leading up to Hurricane Florence, but for years now to be better prepared for such natural disasters. Many hog farms in low areas prone to flooding have been closed since the Hurricane Floyd in 1999. Over 100 to be exact and more than 200 lagoons.Hurricane Matthew in 2016 saw that these improvements worked when only one farm sadly lost animals and 99.5% of hog lagoons did not flood. Those were tremendous strides, and those strides have continued through today.Farmers are at their farms right now securing their lagoons, making sure their generators are working, harvesting what crops they can, obtaining feed for their animals, and more. They will do all they can to make sure their animals are protected during the storm.Many people have expressed concern for the safety of the animals and for the damage flooding may cause on the hog farms. They are concerned for what pollution flooding may cause on hog farms. Know that farmers are concerned. They don’t want anything to happen to their farm or the animals. That’s why they work so hard to prepare for natural disasters.However, natural disasters are called that for a reason. Nature is unpredictable and merciless sometimes. And, our best efforts cannot compete with that of Mother Nature.In the face of a natural disaster, let us all prepare for the worst, pray for the best, and support one another.For further information on how farmers are preparing visit:  http://www.ncpork.org/prepared/   

Is Representative Billy Richardson Showing False Loyalty to NC Farmers?

It is shameful to see a state representative (and lawyer) from Fayetteville write a column that suggests he supports and sides with farm families – then repeats almost verbatim the tales told by out-of-state lawyers who are seeking money from our lawfully operating farms.

 Richardson refers to “pits” on our farms. He should know better. These treatment systems were designed by scientists and permitted by the state for farmers – who were encouraged to use them to ensure our economy in rural North Carolina would remain strong.

 These systems have been operated well and soundly for decades, through Democratic and Republican administrations. They do a remarkable job of capturing, storing and treating waste – and protecting the environment in the process – which is why other industries and some municipalities also use them.

 Billy Richardson should use more care in maligning an important industry in North Carolina. He should visit a farm, which our industry has pleaded with the judge to allow for the jury to do.

 What he will find is that lagoons have very little, if any, odor.

 We can’t turn photos into scratch-and-sniff. And we get it – look at a photo of a lagoon, and you might think it’s smelly.

 That’s not the data. It’s not the experience of our neighbors. It’s not what reporters who actually visit the farms say, either – the last being critic Ned Barnett of the N&O. He wrote of visiting a 15,000-hog operation of Morris Murphy:

“I visited on a clear, hot day. I didn’t smell any hog waste odor at Murphy’s house. The air was free of odor as we took a golf cart tour of the property.”

 That’s typical.

 Sadly, Richardson has swallowed whole hog the talking points of his lawyer buddies who are trying to profit from the lawsuits.

 He should educate himself instead of seeking to politicize our farms just in time for the fall elections.

 What he would see is that the majority of citizens are showing tremendous and heartfelt support for our farm families.

 What he would see is that the farmers he claims to have reverence for are being sued out of business by those in his profession who do not have North Carolina’s interests in mind.

 He is showing faux loyalty to farmers. And real loyalty to plaintiff’s lawyers.

The Hog Nuisance Trials: A Summary

Who is suing North Carolina hog farmers? Michael Kaeske, a successful trial lawyer from Texas, is leading the lawsuits against Smithfield Foods. His partners in the lawsuit include another Texas firm, Baron and Budd, and Wallace & Graham, a North Carolina law firm. They represent more than 500 plaintiffs in eastern North Carolina who live near hog farms associated with Murphy-Brown.

How could the lawsuits impact the economy? Hog farming is one of the pillars of eastern North Carolina’s economy, supporting more than 46,000 jobs and contributing $11 billion annually to the economy. Negative verdicts in the nuisance lawsuits can directly affect thousands of farm families and workers – hogs have been or will be removed from the farms involved in the first three cases. These verdicts also impact businesses that sell farm equipment and crops to feed mills, as well as local businesses where farmers are customers – such as convenience stores, supermarkets, restaurants and other businesses.

How did the lawsuits start? Five years ago, a group of lawyers from out of state came to eastern North Carolina and started recruiting clients with a pitch that went something like this: ‘Sign here, we’ll file the lawsuits, we’ll pay the bills, and if we win you’ll get part of the money.’ Some of the original attorneys were thrown off the case amid complaints of unethical behavior, but the cases resumed under Wallace & Graham.

How many verdicts have there been? Three. One for more than $25 million, another for more than $50 million, and a third for $473.5 million. A total of $548.5 million.

How much money will each plaintiff receive? North Carolina law limits punitive damages in cases like this. While the three verdicts will be reduced, the total award in these cases is still nearly $100 million.It’s not clear precisely what the lawyers will receive, but according to a contract Wallace & Graham filed with the state court in these cases, the lawyers would receive 40% of all verdict awards, plus their expenses, and the plaintiffs would receive the balance.

What happens next? Smithfield Foods intends to appeal. The appeals will be heard in the Fourth Circuit Court of Appeals in Richmond. The next trial in Raleigh is scheduled to begin in November.

Could more lawsuits be filed? The N.C. General Assembly has passed legislation over the past two years that limit when nuisance lawsuits can be filed against agricultural operations and clarifying how much money can be awarded in these types of nuisance lawsuits. This legislation provides stronger protection for our farmers, but it’s always possible that additional lawsuits could be filed or the legislation could be challenged in court.