Preemption of Local Governmental Ordinances Regulating Concentrated Animal Feeding Operations in the United States

Abstract

Public discontent with practices accompanying the production of food animals has led to requests to increase governmental oversight of pollutants. In the United States, special attention has focused on animal waste disposal practices at concentrated animal feeding operations. Communities concerned with environmental quality want to enact local ordinances to regulate objectionable activities. Simultaneously, state legislatures also regulate these activities, and a state comprehensive regulatory system may preempt ordinances of local governments. An investigation of issues posed by livestock facilities shows that local governments should retain authority to enact local ordinances addressing negative externalities from livestock operations.