Idaho CAFO Permit Sent Back to EPA for Lack of Monitoring

Image showing spreading liquid manure on a field by Chesapeake Bay Program.

This is not a substitute for legal advice. 

            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.

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State Court Declines to Use Public Trust Doctrine in Lawsuit over Water Quality

This is not a substitute for legal advice.

Image of crossing over the Raccoon River in Iowa. Image is by Michael Leland

            The Supreme Court of Iowa recently found that a dispute brought by two groups against the state of Iowa lacked standing and was not an issue the courts could decide.  The two groups claim that excessive nitrate levels from agricultural runoff into the Raccoon River had impaired recreational uses of the river and increased costs to purify the water for drinking.  The decision, Iowa Citizens for Community Improvement v. State of Iowa, can be found here.

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Challenge Brought Against Decision to Approve Loan Guarantee for Maryland Poultry Farm

 

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Image of poultry farm by Livestock & Poultry Environmental Learning Center

 

This is not a substitute for legal advice.

Many of you may have seen the news that Food and Water Watch (FWW) was challenging the decision of the Farm Service Agency (FSA) in approving an application for a loan guarantee for a poultry operation on the Eastern Shore of Maryland. FWW is challenging the FSA’s Environmental Assessment (EA) and Finding of No Significant Impact (FONSI) as apart of the National Environmental Policy Act (NEPA). FWW is looking to have the decision set aside the decision to grant the loan guarantee causing FSA to start the environmental review again. At this point, the case is just the initial stages with just the complaint file by FWW. This case will be playing out over the next few months. Continue reading