Windblown Dust and Landowner Liability

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As the urban-rural interface expands toward the wide, open spaces that Panhandle livestock producers have occupied since the 1800s, and as urban residents seek out those same wide, open spaces for their retreats from the stresses of city living, conflict between livestock producers and their neighbors occurs more and more frequently.  One of the most prominent realms of conflict is nuisance, and we will discuss nuisance claims (odor, dust, noise, etc.) in a future post.

Beef cattle in an evening dust cloud in the Texas Panhandle

Beef cattle in an evening dust cloud in the Texas Panhandle

Another realm of legal exposure that faces the agricultural landowner has to do with negligence.  One example that might pertain to a livestock producer in the Texas Panhandle would be a claim that windblown dust drastically reduced the visibility on adjacent or nearby roadways or rail crossings, and that a collision between vehicles and trains or vehicles and people was a result of that negligence and would not have happened were it not for the dust emitted from the agricultural land.

This post, by Texas A&M AgriLife Extension Agricultural Law Specialist Tiffany Dowell-Lashmet, lays out the basic legal tests that apply to a negligence claim in the State of Texas, especially as such a claim might pertain to windblown dust from agricultural operations.

Atmospheric Ammonia in the Texas Panhandle

Under a contract with the National Trends Network, a national monitoring network sponsored by the United States Department of Agriculture, we operate a monitoring site on the south rim of North Ceta Canyon.  At Cañonceta we measure ground-level, atmospheric ammonia concentrations, wet deposition, and dry deposition.

Why ammonia?  Mainly because in the presence of atmospheric moisture, ammonia can dissolve into that moisture and then react with other airborne species – mainly sulfate and nitrate – to form fine particles.  These particles scatter light pretty efficiently, so at high enough concentrations, ammonium sulfate and ammonium nitrate can reduce visibility.  At even higher concentrations, fine particles have been associated with impairment of human health.  Finally, these fine particles can travel tremendous distances, and wherever they ultimately land, they carry their ammonia cargo with them.

AMoN data chart

Background ammonia concentrations measured at Cañonceta, 2007-2014.

By itself, airborne ammonia can be thought of as a health hazard in its own right, but the higher concentrations required to pose such a hazard typically occur only in occupational settings or around fertilizer spills (railways, anhydrous tank-trailers, etc.).  The ammonia concentrations we have measured at Cañonceta (see chart at left) are far too low to pose such a threat; ~5 micrograms per cubic meter is a factor of 5-7,000 lower than the occupational guidelines published by the federal government of the U. S.

AMoNTX43_20140909_shelter_roof_view_NE

A gorgeous view of North Ceta Canyon, photographed from the roof of the instrument shelter at Cañonceta.

Ammonia is also very “sticky” and reactive, so when it encounters a wet surface such as a pond or a dewy blade of grass or leaf, it readily dissolves and is available to participate in the surrounding biochemical systems.  Out in the countryside, that usually means that ammonia is a natural source of fertilizer for grasses, forbs, trees, and brush.  Some scientists in Colorado have determined that the mix of vegetation in Rocky Mountain National Park has shifted away from wildflowers and toward sedges because of nitrogen and sulfur deposition in the park.  No doubt some of that nitrogen has come in the form of either gaseous ammonia or ammonia-based particles that drift into the Park and are scrubbed out of the atmosphere by rain and snow.

It’s Gonna Be a Rough Summer for Feedyard Dust

As wonderful as 2015 was, 2016 is racing off in the other direction weather-wise here in the southern High Plains:  warm, dry, and windy.  The first Bradford pear trees blossomed last weekend, almost three full weeks early.  And NOAA is forecasting a transition from the current El Niño to a La Niña pattern in the fall.  If you are a cattle feeder, it’s time to start getting your feedyard surfaces ready for the “high season.”

Here’s a bulletin we wrote in 2011, one of the hottest, driest summers in memory:  SP417.  It summarizes the basic strategies and tactics for managing feedyard dust in a summer drought.

Feedyard dust

A fugitive dust plume building over a cattle feedyard (June, 2006).

The next year, we tested the use of electric cross-fencing to manipulate stocking density for dust control.  We published the results in 2014:  SE 10681.  The bottom line: it seems to work pretty well.

Your #1 objective between now and May 1 is to get your inventory of uncompacted manure on corral surfaces to its practical minimum.  Even if you have water for water trucks or a sprinkler system, if you have more than 1/2″ – 1″ of uncompacted manure averaged across the whole feedyard, you’re going to be playing catch-up all summer long.