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.

NC Farm Family Faces: A Desire to Farm as a Family

Meet the Gray Family! Brandon is a CPA and his wife, Jessica is a part-time nurse and full-time mom to their 5-year-old twin girls, Delaney and Emalyn. They are also hog farmers. They weren’t born hog farmers, and they didn’t inherit the business. They made the decision to buy a pre-existing hog farm in Wayne County a few years ago.“We purchased this farm as a family endeavor, and it’s been really nice. The community has been really receptive and the neighbors have been great. It’s been a really good thing,” said Brandon.In addition to pigs, the family also grows collards and sweet potatoes on their 125 acres.There is no doubt this is a family endeavor. Jessica keeps most of the books, and Brandon, with help from his dad, Rayburn Brown, cares for all the pigs and crops.Even at 5 years old, Delaney and Emalyn help out too. Special trips have to be made to visit the pigs for the girls.

Brandon came from a farming background. His grandfather was one of seven, and they were all farmers. Many of their children (and grandchildren) also became farmers. Jessica, on the other hand, is not from a farming family. She married into it, but she loves it!

“The pigs are my favorite part. I like watching them grow and get big. The girls enjoy the pigs, and whatever they enjoy I try to follow behind and support them,” said Jessica.While the Gray family loves their farm, it isn’t always easy. They live about 20 minutes away from the actual farm. This doesn’t mean they don’t have to visit as often. Rather it means a lot of extra miles on their vehicles.“We check the pigs at least twice a day, every day. We eat dinner as a family, then go to check on the pigs once more to make sure everything is alright,” said Brandon.Of course, the normal uncertainties that accompany farming are also hard. One never knows what the weather will do or when equipment must be fixed. There are also finances. For the Grays, the decision to purchase the farm was both easy and hard. The desire was strong, but the burden of finances was also strong. Ultimately, they decided to go for it.One aspect that does help the Grays is their relationship with their integrator, Maxwell Foods. The integrator provides a support system for the family to help them with things like providing the best healthcare for the pigs. Without the integrator, the farm would not have the resources they do.Although owning a farm can be stressful at times, the Grays enjoy being part of something bigger. They may not have the largest farm, but it does feed people, and the Grays love being a part of that.A full-time CPA, part-time nurse, full-time parents, and full-time farmers (because farming is never part-time)…life is busy for the Grays, but it is fueled by a  desire to farm as a family.Photos by: Marisa See