Peter Dykstra: At the courthouse, the smell of defeat and the stench of victory
Hog confinement operation in Eastern NC. (Credit: Brian Bienkowski/EHN)

Peter Dykstra: At the courthouse, the smell of defeat and the stench of victory

Environmental advocates are getting a strong whiff of justice from American courthouses lately, and oddly, the victories smell worse than the setbacks.

For more than 20 years, residents who live near hog mega-farms in eastern North Carolina have battled water pollution, noise and smoke from constant truck traffic, and the godawful stench of urine and feces from compounds of tens of thousands of hogs.


Lately, sweet-smelling justice has rolled in to foul-smelling hog communities like Duplin County, where pork giant Smithfield Farms is on a legal losing streak.

In May, a federal jury awarded $50 million to neighbors of the Kinlaw farm, a family-run business under contract to sell its pork to a hog-farm subsidiary of Smithfield.

In late June, a couple won a $25 million judgement against another Smithfield-controlled farm in Duplin.

Then on August 3, a blockbuster verdict from another Federal jury awarded $473.5 million to six neighbors of another Smithfield mega-farm, Murphy-Brown.

The verdicts are all likely to be drastically reduced, either on appeal or due to the hog industry's stranglehold on the North Carolina legislature, which, a few years ago, put tight limits on jury awards. But the three suits, and many more in the works, send a strong message that the courts will step in where the legislature dares not go.

Smithfield generally shows up in the middle 200's in the annual Fortune 500 listings. But with China's exploding appetite for all things meat, Smithfield proved a tasty acquisition for WH Group, a China-based pork producer who briefly clamped their cloven hooves on the Fortune Global 500 a few years ago.

Pork news consumers may want to visit EHN's 2017 series Peak Pig for more info.

And in a non pork-related courtroom win for enviros this week, the Ninth Circuit Court of Appeals ordered the EPA to ban chlorpyrifos, a controversial chemical used to treat, almonds, apricots, cotton and other crops. Trump's EPA was poised to reverse a phaseout of chlorpyrifos, which has been linked in multiple studies to neurological and reproductive damage—with risks especially prevalent for young children.

Big Oil suits

Credit: Peg Hunter/flickr

If a feisty group of Carolina lawyers, farmers, and activists is having a field day with one state legislature and one pork giant, another legal effort can so far limit itself to pyrrhic victories. Imagine instead of tackling one company scraping the bottom of the Global 500 you're tackling a corporate group whose haughtiest members populate the Top 25.

In 2008, a tiny Alaskan village under threat from an encroaching Chukchi Sea filed suit against ExxonMobil for its contributions to sea level rise. The suit hung on for four years, with a Federal District Court judge ruling that there was no proven link between Exxon's emissions and Kivalina's increased storms.

A joint suit by the cities of San Francisco and Oakland against multiple oil giants fell by the wayside last month, as did a similar one from New York City. In July, Rhode Island sued more than 20 oil companies for what they call a "public nuisance" to the low-lying state. Marin and San Mateo Counties and the City of Richmond, all in the Bay Area, also have pending suits. Richmond is also the increasingly reluctant home of a sprawling Chevron refinery complex.

The cities, counties and states can all claim pyrrhic victories even if all the suits are eventually tossed. But Big Oil's ability to battle litigation for years is best illustrated by the seemingly endless libel tussle between Mobil President William Tavoulareas and the Washington Post. Tavoulareas sued the Post in 1979, with the case caroming from District to Appeals to the Supreme Court for eight years until the newspaper scored a costly victory in 1987.

Better late than never

And now moving from the courtroom to the couch: there's seems to be an apparent breakthrough emerging on the cable news front.

With TV news pouring nightly, but superficial, reporting on record heat waves, wildfires, and hellacious rainfall episodes worldwide, virtually no one seemed willing to incorporate climate change into the list of reasons why.

This week, the PBS NewsHour, NBC Nightly News, and CNN went all-in (by TV standards, at least) in examining the links between extreme weather and climate change. Better late than never, but TV news seems willing to break its own self-imposed climate silence.

white egret flying over wetland with trees in background.

From invasive species tracking to water security – what’s lost with federal funding cuts at US Climate Adaptation Science Centers

The people who manage America’s aquifers, wetlands, shorelines and recreation areas rely on federal science as they face new and rising risks in a changing climate.
silhouette of a girl facing sunset, golden sky and water

Who’s ready to think about blocking out the sun?

The idea of artificially lowering the planet’s temperature is gaining supporters and hitting political opposition.
Chest-down person in white protective suit and rubber boots carrying metal case, walking a shoreline.
Credit: Getty Images For Unsplash+

From invasive species tracking to water security – what’s lost with federal funding cuts at US Climate Adaptation Science Centers

The people who manage America’s aquifers, wetlands, shorelines and recreation areas rely on federal science as they face new and rising risks in a changing climate.
offshore drilling platform
Photo by Zach Theo on Unsplash

Interior skips NEPA analysis for offshore drilling expansion

All prior five-year drilling plans — dating back to 1980 — reference National Environmental Policy Act analyses.
Workers loading scrap metal onto a truck.

How extreme heat is driving kidney failure in migrant workers

Millions of migrants toil in grueling conditions in the Middle East, where brutal heat contributes to an alarming increase in kidney failure.
solar panel, wind turbines, and nuclear power plant
Credit: jaroslavav/BigStock Photo ID: 83377346

Members of America’s largest power grid can’t agree on how to power data centers

With no consensus among stakeholders, PJM Interconnection’s 10-member board now must craft a policy for surging data-center demand that has already driven up electricity prices for millions.
Large solar field stretching to horizon

Africa's solar power revolution driven by China's investment

Chinese solar equipment has been flooding African markets, partly as a ripple effect of the US-China trade war. It's one of several factors helping the continent gain traction with electrification.
From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.