Intensive farming under fire: Spain leads the way, Italy targeted by OIPA

Translated by Jennifer Di Giacomo

For the first time, a European court has ruled that pollution produced by intensive livestock farming can violate people's fundamental rights. The decision comes from the High Court of Justice of Galicia, Spain, which recognized the direct responsibility of these activities in compromising the right to life and personal integrity. This ruling is set to become a precedent and influence EU environmental and agricultural policies at a time when political debate on the issue remains timid and fragmented.

The Galician case stems from a dispute over emissions of ammonia and other harmful substances from large livestock farms, which allegedly contributed to environmental degradation that affected citizens' health. The court found sufficient scientific evidence to link pollution to chronic and acute respiratory diseases, including premature deaths. This ruling represents an unprecedented step. It is the first time that a European court has put in writing the link between intensive farming and the violation of fundamental human rights. In fact, the Galician High Court of Justice did not merely recognize a generic impact on health, but identified a direct and documented link between emissions from livestock farms and the damage suffered by the local population. In their reasoning, the judges referred to epidemiological studies, environmental data, and reports from regional health authorities, highlighting how high concentrations of ammonia, methane, and fine particulate matter are linked to chronic respiratory diseases, increased cases of cancer, and premature deaths.

The court ruled that ignoring this evidence amounts to disregarding the precautionary principle, a cornerstone of European environmental law, and failing to ensure the effective protection of citizens as required by the Charter of Fundamental Rights of the European Union. Therefore, the decision has twofold significance: on the one hand, it recognizes that environmental damage can also constitute a violation of human rights, and not just a violation; on the other hand, it paves the way for possible legal action in other Member States. It is plausible that, in the wake of this precedent, associations, local committees, and even public bodies may file similar lawsuits, seeking not only compensation for damages but also changes in policies for financing and supporting intensive livestock farming. For environmental law experts, the Galician ruling could have an impact comparable to that of the first climate cases won in Europe, where environmental protection was interpreted as an integral part of safeguarding human life and health.

Based on the Spanish precedent, the International Animal Protection Organization (OIPA) sees an opportunity to push Italy to reconsider public support for this production model. Our country is already in the midst of a chronic environmental emergency: the Po Valley is one of the most polluted areas in Europe, and in Lombardy, 85% of ammonia emissions come from intensive livestock farming. Despite this, Common Agricultural Policy (CAP) funds continue to flow copiously into the sector: between 2019 and 2023, they have increased from 250 million euros to 286 million euros, with 40% of these resources, equal to 113 million euros in 2023, destinated to businesses located in municipalities with nitrogen levels above the legal limits. With the second part of CAP 2023-2027 simplifications presented last May, OIPA sent a letter to European Commissioner for Agriculture, Christophe Hansen asking for: the withdrawal of funding for farms with environmental or health violations, new criteria of access to funds linked to public health, biodiversity, and environmental quality, the reorientation of funds towards sustainable, ethical activities and renaturation projects, and investment in research into alternatives, including cultured meat.

The latter, which studies by the Universities of Oxford and Amsterdam indicate is capable of reducing emissions by up to 96% compared to conventional meat and land consumption by 99%, that was already banned in Italy in 2023, bucking the trend of possible sustainable food transition strategies. This issue has been partially reconfirmed until the end of 2024. For the OIPA, it represents one of the most promising ways to reduce environmental impact and improve animal welfare without imposing an immediate switch to vegetarian or vegan diets.

It should therefore be noted that while justice has opened a door in Spain, in Italy the challenge is still entirely political. The legal recognition of the health and environmental damage caused by intensive farming in Galicia could become a model for similar initiatives in our country, where pollution levels are already critical. However, the transition requires courageous choices: tackling intensive livestock farming means affecting deeply rooted economic chains, with significant social and employment impacts. For OIPA, failing to address the issue would mean contradicting the climate and ethical commitments declared by the European Union.

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