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Smithfield-Murphy Brown's loss: One judge got it right


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Judge Agee’s dissent in this court case loss should be read by all lawyers defending large-scale livestock farms.
One of the three circuit judges in the Smithfield Murphy-Brown court case loss (reported here last week) was Steven Agee, a former justice of the Supreme Court of Virginia. He was appointed to the 4
th Circuit Court of Appeals by President George W. Bush.  He graduated from the University of Virginia Law School and has a master’s in law from New York University.
Why am I telling you about Judge Agee? Here’s what he said about the majority opinion in the Smithfield case: ....

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Smithfield's court loss may spell trouble for large-scale farmers


The agricultural world changed November 19, 2020, and few in our business noticed.
Murphy-Brown, a subsidiary of Smithfield Foods, lost a major case on November 19, 2020. With Thanksgiving activities and election allegations, little attention was paid to this loss other than a few environmental groups and farm publications (full case summary here).
Federal judge J. Harvie Wilkinson III, appointed by President Reagan, indicted the entire industrialized hog industry, saying, “It is past time to acknowledge the full harms that the unreformed practices of hog farming are inflicting.”
Judge Stephanie Thacker, an Obama appointee, wrote the majority opinion. Judge Steven Agee, appointed by President George W. Bush, defended Smithfield and Murphy-Brown, indicating he would have ordered a new trial. ....

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Court Rejects Smithfield Foods' Arguments, Giving Low-Income Neighbors of Hog Farms Hope


Elsie Herring said she is thrilled by a federal appeals court ruling last month that rejected most of the arguments presented by Smithfield Foods in a case that has pitted the world’s largest hog producer against its mostly low-income Black neighbors.
Herring, 72, said she has been fighting how Smithfield raises its hogs since the 1990s. She  said she has watched farmers spray fecal matter onto her mother’s home in Wallace to the extent that “it rained down on us just like it was raining, and the smell was like nothing I have ever experienced.”
Over the years, Herring said, she wrote letters to everyone she could think of state and federal regulators, the governor, the attorney general, state lawmakers, the county health department. Anyone who might be able to stop the spraying, the awful smells, the flies and the potential health hazards coming from the industrial hog farm next door. ....

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