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Ag scores CAFO suit victory over EPA

In what is being called a major victory for livestock producers, a federal court has ruled that the EPA cannot require livestock operations to obtain Clean Water Act (CWA) permits unless they are discharging manure into a waterway of the U.S.

The U.S. Court of Appeals for the 5th Circuit in New Orleans said that EPA exceeded its statutory authority in requiring concentrated animal feeding operations (CAFOs) to obtain permits, even if there was only a “potential” for discharge.

The National Pork Producers Council (NPPC), American Farm Bureau, United Egg Producers and several other ag groups had sued EPA over its so-called CAFO rule.  NPPC president Doug Wolf praised the ruling.  He says the pork industry has already embraced a zero-discharge standard and the time, effort and cost of getting a federal permit is, in his words, “a complete waste.”

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