News

Attorney says EPA ruling on CAFO petition favors farmers, other cases need watching

The Environmental Protection Agency has denied a petition by animal rights activists to require CAFO’s to have regulatory emissions permits under the Clean Air Act.

Attorney David Crass with Michael, Best, and Friedrich in Milwaukee says the petition filed by the Humane Society of the U.S. and others in 2009 was just denied in late December, but he’s not surprised by how long it took.  He tells Brownfield, “EPA has been studying the issue, and readily admits in their denial letter that the issue is very complex.  As you know, livestock operations are not one-size-fits-all.”

Crass tells Brownfield the law was written with sources like smokestacks and drainpipes in mind, and most attorneys agree Congress didn’t intend to apply the Clean Air Act to livestock operations.

Crass says other legal action might still impact farm operations.  One is the DC Circuit Court ruling which overturned an EPA livestock exemption for emitting more than 100 pounds of ammonia or hydrogen sulfide per day. A stay has been granted delaying reporting or action until January 22^nd of this year.  Crass tells Brownfield Congress might step in.  “There are a couple of provisions that are pending, and that may even see in some upcoming budget action at the Congressional level to attempt to clarify or at least restrict expenditures by EPA in implementing these programs.”

Crass urges every livestock operator to keep communicating with engineers, attorneys, and farm associations because there are many separate legal challenges that could affect their operations.