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.

A private water well with pipes pointing into the ground

Saudi-owned corporate farms are draining Arizona’s desert dry

Arizona’s lax water laws let corporate farms pump unlimited groundwater to grow alfalfa for cattle overseas, even as local families spend their savings drilling new wells.
brown field near mountain under blue sky during daytime

Trump administration’s revised approval process threatens to scuttle giant NV solar complex

The Trump administration cancelled its review of a massive joint solar project in Nevada that would have added up to be one of the largest continuous solar farms in the world – at least as it was envisioned. 
A kenyan woman cooking food in a large silver pot in the outdoors

Searching for links between a changing climate and mental health in Kenya

New research shows rising anxiety and suicidal thoughts among women in Kenya as climate change worsens their economic and emotional burdens.

two person on mountain with snowy mountains in the background

How the autumn climbing season turned deadly in the Himalayas

As climate change extends South Asia’s monsoon season into autumn, hikers in the Himalayas are facing increasingly extreme weather.

A farm field on a sunny day with farm workers bending down to pick food

Opinion: California farmworkers face dual threats from extreme heat, pesticide exposure

As California’s summers grow hotter, farmworkers are enduring the twin dangers of extreme heat and pesticide exposure—conditions that current regulations fail to address in combination.

Water coming from a kitchen faucet

It’s brown and burns your eyes. In small-town Texas, clean water is elusive

Plagued by climate-driven weather extremes, communities that need help improving water quality are being left behind.
Green moss and snow cover a vast permafrost landscape.

Researchers are reanimating 40,000-year-old microbes

Their findings have major implications for the Arctic as its summers both grow warmer and longer.

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.