Agriculture and Water Quality
Agriculture Operations: HB 1091
Authors: Representatives Friend (R-Macy) and Lehe (R-Brookston)
HB 1091 will effectively restrict the legal rights of Hoosiers living near confined feeding operations (CFOs). If this bill becomes law, the court will be mandated to award the expenses of litigation, including reasonable attorney fees, to a factory farm that is sued for nuisance if the court finds the case was frivolous, maliciously brought, or groundless.
Want to learn more about HB 1091?
View the powerpoint from HEC’s HB 1091 webinar
Read HEC’s response to Hoosier Ag Today on HB 1091
Learn more about the amended version of HB 1091
HEC strongly opposes HB 1091 because it will have a major chilling effect on the willingness of people who are impacted by CFO’s to exercise their legal rights for fear of a SLAPP suit (strategic lawsuit against public participation).
While we support agriculture and appreciate our farmers who are doing their best to protect the community and the environment, we need to ensure that Hoosiers whose properties and health are being harmed by bad actors have a chance to protect themselves.
Where is it now?
HB 1091 has now passed both the House of Representatives and the Senate, and is on its way to the governor to be signed into law. HEC and our allies were able to get an amendment in the bill, minimizing some of the worst aspects and ensuring more equality.
We would like to thank all of our supporters and allies for their efforts on this bill. Because of the copious emails from constituents, HEC was able to get an amendment into the bill to minimize the damage it would have caused, and convinced more than one legislator to oppose this bill.
In particular, we would like to thank Barbara Sha Cox and Indiana CAFO Watch for their work on this bill. We also thank the legislators that broke with party lines to oppose HB 1091: Representative Eberhart, Representative Foley, Representative Hinkle, Representative McMillin, Representative Saunders, Senator Alting, Senator Kenley, Senator Nugent, Senator Paul, and Senator Waterman. To find out how your legislators voted, please visit the Indiana Government website.
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