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Friday, March 18, 2011
Environment - 5th Circuit rules EPA cannot require livestock operations to obtain Clean Water Act permits unless they are discharging manure into a waterway of the U.S.
The decision is Natl Pork Producers, et al v. EPA. Access the 29-page, March 15, 2011 opinion here. Here is the conclusion:
We hereby vacate those provisions of the 2008 Rule that require CAFOs that propose to discharge to apply for an NPDES permit, but we uphold the provisions of the 2008 Rule that impose a duty to apply on CAFOs that are discharging. We vacate those provisions of the 2008 Rule that create liability for failing to apply for an NPDES permit. Additionally, we uphold the provisions of the 2008 Rule that allow permitting authorities to regulate a permitted CAFO’s land application and include these requirements in a CAFO’s NPDES permit. Finally, we dismiss the Poultry Petitioners’ challenge of the guidance letters for lack of jurisdiction. 29
Posted by Marcia Oddi on March 18, 2011 12:38 PM
Posted to Courts in general | Environment