Watering the surface of dry stacks of stored manure is a common method of resolving dust problems. Dust, like odor, is also the subject of nuisance, negligence and trespass lawsuits. Because there is little policy regarding air quality and feedlots, we have included here an recent interpretation of policy dealing with odor that reached the Texas Supreme Court. Prior to the ruling, TACB enforced the nuisance provision against all sources of odor, including concentrated animal feeding operations and other agricultural operations. Competing interests on the part of feedlot operators and neighbors or community residents are difficult to reconcile.
Nuisance damages associated with odor are difficult to measure and monitor.
Thus, lawsuits may be brought against the adequacy of the operation's management in regards to water pollution when the issue is really odor. Much of the conflict surrounding feedlots and air quality is currently taking place at the local level. Although there seems to be little regulation of agriculture in terms of the CAA, recent debate has emerged over EPA's new standards. Environmental Monitoring by Feedlots. Bernick, Jeanne Bryan.