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appal_jack

appal_jack's Journal
appal_jack's Journal
April 11, 2017

NC lawmakers want to shield factory farms

NC lawmakers want to shield factory farms from big damage payments to victims

Legislation moving through the North Carolina General Assembly would prevent people living near the state's numerous factory farms from recovering more than token damages in civil lawsuits where the farm's corporate owner is found responsible for harming them.

The proposal comes with such litigation already underway. In 2013, more than 500 residents of eastern North Carolina took legal action against Murphy-Brown LLC, the hog-growing subsidiary of Virginia-based Smithfield Foods, which is owned by Shuanghui Group of China, the world's fourth-largest pork producer. Under contracts with local growers, Murphy-Brown owns the hogs at about two-thirds of farms in North Carolina, the second-biggest hog-producing state after Iowa.

North Carolina allows hog farms to store animal waste in massive open-air lagoons before spraying it on open fields, a practice that leads to water pollution. Murphy-Brown is embroiled in separate ongoing litigation with the Waterkeeper Alliance over its alleged failure to comply with a 2006 agreement to clean up groundwater contamination at 11 of its hog operations in the state. The lawsuits filed by the neighbors detail many other problems associated with the farms, including sickening stenches, swarming flies, chronic illnesses and piles of animal carcasses left in roadside "dead boxes."

Despite the serious claims of harm documented by the plaintiffs, House Bill 467 and a companion measure, Senate Bill 460, would limit compensatory damages in such so-called "nuisance" lawsuits. In the case of permanent nuisances, the legislation would limit damages to "the reduction in the fair market value of the plaintiff's property caused by the nuisance, but not to exceed the fair market value of the property." In the case of temporary nuisances, it would limit damages to "the diminution of the fair rental value of the plaintiff's property caused by the nuisance."

Environmental advocates blasted the legislation, with N.C. League of Conservation Voters (NCLCV) lobbyist Dan Crawford describing it as "nothing more than lawmakers putting a foreign-owned company ahead of the long-term health and safety of the very communities who have been forced to endure the harms of hog waste for decades."



Much more at this excellent link, including documentation of the egregious environmental racism implications of this awful bill, which has already passed the NC Assembly in 73 seconds, when put up for a vote out of order and without any debate.



Source:
https://www.facingsouth.org/2017/04/nc-lawmakers-want-shield-factory-farms-big-damage-payments-victims

-app
February 1, 2017

Idiot Gorsuch willfully ignores American/enlightenment concepts of rights.

The very core of our Constitution rests upon the ideas that (1) just government only legitimately rules with the consent of the governed, that (2) our rights are natural and expansive and government's powers are narrow and exist only where specifically enumerated.

A person's natural right to life is as fundamental as it gets. A (government-chartered) corporation's 'right' to property is always subordinate (corporate personhood and rights are notions I contend every founder would dispute: generally-respected but not inalienable corporate prerogatives and privileges are certainly possible and even arguably necessary in complex societies).

The fact that Gorsuch does not see this should immediately disqualify him from the Supreme Court. Hell, it should disqualify him from a mid-level appellate position.

-app

January 22, 2017

4) Creating a distraction from much worse crimes.

The present occupant of the White House is a distraction, a carnival barker with a pretty lady by his side up onstage shouting loudly so that the pickpockets can work the crowd with wild abandon. From the Dominionist and anti-woman Vice President on down, we can see the real purpose of this regime.

Even the 18% of eligible American voters who rallied to the fake populism of a billionaire blowhard will not get what they voted for. Instead, we are facing a racist attorney general who wishes to re-institute segregation and increase unjustified incarceration. We face an Education Secretary expressly committed to bankrupting people via student loans, while tearing down our remaining public educational infrastructure. An EPA head who hopes to pillage rather than protect the environment. A Treasury Secretary who had his hand very deep in the till during the recent emptying of the Treasury via a massive housing bust. I could go on, but the point is NO ONE other than extreme racists and members of the rarefied 1% voted for what they are about to get. There certainly are people who hate either the name or even some details of 'Obamacare,' but how many really voted to reduce health coverage provided by the ACA and Medicare overall? How many voted to give more money to rich people at the expense of regular people and the nation as a whole? Such a theft requires a big distraction.

-app

January 14, 2017

D'Souza would prefer a civil rights movement frozen in the past

In D'Souza's world, there 'used' to be racism, and then some hazy, distant, entirely whitewashed and inoffensive civil rights figures mentioned that they had a dream and the reasonable white people said, "Oh yes, of course."

What D'Souza's blinkered and pinched ideology prevents him from seeing is that John Lewis did important civil rights work in the 1960's, and he has been doing important civil rights work ever since. Because the struggle against racism, poverty, and injustice is ongoing and very much unfinished.

John Lewis is a hero, and D'Souza is a worthless shitstain.

-app

January 14, 2017

Kerry is a hero in so many ways.

I am so proud to have John Kerry as Secretary of State, and grateful for the statecraft skills he has brought to the effort to promote international peace over the past four years, in addition to all his heroic service, from back in Vietnam to the present day.

On the other hand, I am so ashamed of those 'Americans' (i.e.- the worst of the Repubs) who saw fit to mock Kerry's service and sacrifice in 2004, running around with purple heart band aids on their bloated, contemptuous, and contemptible faces like they had some goddamned point to make.

We all need to heed the lesson that hateful ideology like the Swift Boat Veterans for 'Truth' (sic) attacks of 2004 can make Americans believe absurdities. And from there, it's only a small step to committing atrocities. The incoming administration seems to want us to believe many, many hateful absurdities...

-app

January 13, 2017

Show me where there is a Constitutional right to keep drug prices high & force us to bear the costs.

Your attempt to play "gotcha" regarding Bernie actually voting like the Second Amendment is, y'know, part of the US Constitution is pathetic. There is nothing "corporate" about respecting a specifically enumerated individual liberty.

On the other hand, Pharma companies would still be able to make a profit and employ people if there was a bit more competition via importation: they would just not be able to rape and pillage already-suffering people quite like they do at present. Your defense of their moral bankruptcy in the name of corporate profitability should disgust every Democrat with at least two brain cells to rub together and a moderately developed sense of right and wrong.

-app

January 1, 2017

Yes, indeed. Thank you.

Reid's tweaking of Senate rules to ensure some governmental function (rather than the none which McTurtle would have preferred) is a bright spot on his Senate leadership. Having accomplished what they could while Obama was President will hopefully buffer some of the worst Trump offenses for years to come.

I can't understand yeoman6987 or anyone else who is still saying "If only we'd been a little nicer to the Republicans then, they would not be so mean/unfair/dogmatic now." The extreme corporatist right wing is just plain mean, unfair, and dogmatic no matter what. A little more rw ass-kissing will not change that one bit. Whether or not Reid had changed rules in 2013, rules will be set to Republicans' advantage in 2017.

Politics is hardball. Your post shows cognizance of that fact, BRDS. People who think otherwise need to get out of the way.

-app

December 26, 2016

Things certainly could be worse than the present 4-4 split.

Using the 'logic' of the Republicans, I think it reasonable to leave that Court seat vacant until the White House is occupied by someone who actually won the popular vote. After all, the American people deserve a voice...

Confirming anyone who Prince Trumperdink nominates would almost certainly tilt the Court in bad directions.

-app

December 22, 2016

No, this was law enforcement protecting public safety.

The OK Highway Patrol cops who chased and neutralized this criminal showed incredible bravery. This situation is in no way comparable to Eric Garner, Sandra Bland, or any of the other awful and/or highly questionable cases of police abuse in the recent past. Calling it an "action movie in the sticks" unnecessarily belittles very crucial law enforcement work, and is a scummy thing to say about real people facing very real dangers while fulfilling their oaths to protect their communities.

-app

December 20, 2016

How about rescheduling cannabis to Schedule V right now Mr. President?

I know that some people will view my response as a non sequitur, but Obama and Democrats might likely find some good talent willing to step forward if their freedom was not under such constant threat due to prohibition. Harder to be an activist 'under the gun' that the War on (some) Drugs brings to our communities.

It's nice that Obama wants to do some "ground up building" in his next job, but the man has been President for eight years now, and has three weeks+ more in office. Does he plan to do something worthwhile and in his power right now, or are words of hope and change all we are going to get even at this late date?

Make a few big, positive changes now, and people will come flocking to the Democratic Party over the next four years.

-app

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Hometown: North Carolina
Member since: Wed Aug 11, 2004, 06:57 PM
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