Hog Case Decision Could Have Statewide Impact

The ruling states that hog farm ordinances set in place by Chatham County officials overstepped boundaries, preempting the ordinances in favor of state laws.

Frank Sheffield, the attorney who represented those opposing the ordinances, said although the ruling only affects Chatham County, it will set a precedent for other N.C. counties.

"The significance is statewide because the courts said counties do not have the authority to regulate swine operations," he said. "(Other counties') ordinances may be invalid as well."

Sheffield said Chatham County adopted regulations that were stricter than those set by the state, especially in areas concerning the location of the hog farms.

"State law has a setback of 1,500 feet from the nearest occupied residence and 2,500 feet from the nearest church or school," he said. "Chatham County had a setback of 5500 feet."

Sheffield said the required distance made it virtually impossible for farmers to establish new hog farms in the county. "The hog farm would have to be located over a mile to the nearest residence in all directions."

But some environmental advocates believe counties should be able to regulate hog farms on their own.

Dan Whittle, an attorney for Environmental Defense, an environmental advocacy group, said counties deserve the same rights states are given in setting environmental standards.

"The federal government adopts environmental laws but allows states to adopt even stricter ones," Whittle said. "One environmental law doesn't necessarily fit everybody."

He said citizens have appealed to county officials to regulate hog farms because state regulations have not been sufficient.

"A lot of this was driven by local people who were dissatisfied and went to their local health director," Whittle said. "It's a county's prerogative to do what they think is necessary to protect health and the environment."

Whittle said when counties addressed the desires of their citizens, the pork industry retaliated. "Counties responded and the pork industry started suing them, saying they overstepped their boundaries."

A spokeswoman from the N.C. Pork Council said she was unable to comment on the issue because of the recency of the ruling.

But Sheffield said Chatham County's regulations were unnecessary because there is currently a moratorium on hog farms in the state. He said that while the moratorium expires in July, it will likely be extended by the N.C. General Assembly.

He added that the ordinances were enacted because of health and environmental concerns but said state laws adequately address these issues.

"State regulations are very comprehensive," he said. "It is the most heavily regulated agricultural activity in the state."

But Whittle said he thinks the counties deserve the right to regulate hog farms and that he thinks the decision will be overturned on appeal.

"Chatham County has spoken and they don't want any hog farms," he said. "It's a shame that courts have interfered and that (counties) don't have that prerogative."

The State & National Editor can be reached at stntdesk@unc.edu.