Recently, the 9th Circuit Court of Appeals vacated Idaho’s Concentrated Animal Feeding Operation (CAFO) National Pollutant Discharge Elimination System (NPDES) permit for lack of monitoring underground discharges and potential discharges from dry weather applications. Food and Water Watch (FWW) and the Snake River Waterkeepers (SRW) brought the lawsuit. The decision vacates the permit back to EPA to determine its next steps. The decision is in Food & Water Watch v. EPA.
With 2020 over and 2021 just starting, I wanted to take a minute to look back at the top legal developments impacting agriculture in 2019. A few of these legal developments may seem like repeats from my 2019 update; see here. Moving into 2021, we will see new issues emerge as continued lawsuits involving pesticides, continued implementation of the 2018 Farm Bill and COVID-19 relief bills, and possible appeals in a few cases on the list. See above for the embedded annual podcast episode covering these issues. If you have not already signed up for updates, click here to sign up to get email updates sent to you as new content is available.