I think you are going to need to get some experts involved, Neil.The dust being blown onto my property is trespass.
Lots of cases cites and Restatement Second of Torts.
Thanks, I already have.I think you are going to need to get some experts involved, Neil.
You will want environmental impact studies completed on the dust and the manure and the water contamination, and you will want a health effects study completed to show how your neighbor's activities are impacting (or could impact) your health.
It is all well and good to have laws and case law but the laws and cases alone, that are based on expert reports for conditions present in those cases, does nothing to support your own claims. They only show that, under certain circumstances and with certain facts present, a suit can go forward.
You are getting a lot done, then. Good.Thanks, I already have.
As this is going to be the first challenge to the amended New Mexico Right to Farm Act I've contacted the EPA about the possibility that the water is being contaminated, the Sierra club because the brother of the owners of the farm is the same New Mexico Senator who proposed the amendment to the act, and New Mexico Food and Water Watch who are against the dairies and the politicians who draft or amend laws to protect the dairies.
Just keep in mind two things. That decision by a federal district court in Washington is not binding precedent for your court (or any other). Its value is persuasive only. Second, it is helpful only with respect to the legal issues decided by the court. You still have to prove the factual issues; the Washington court's determination of factual issues in some other case is good only for that case. The facts for each case are unique and must be proven to the court.I do believe the 2015 decision by a Federal Judge has relevance to my case and especially the courts determination that manure, if incorrectly stored, is a hazardous waste.
You need to prove to others what is self-evident to you.So despite the EPA, who monitors dairy pollution and who show a long list of the proven nasties that are in cow manure, a Federal Judge saying that cow manure is a hazardous waste, and common sense saying that the inhalation of cow manure dust can't be good for the health I still may have to prove what is self evident?
I hope they actually do their job. That's frustrating.They are now looking into it.