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Two poultry groups challenge CAFO ruling

The National Chicken Council and the U.S. Poultry and Egg Association have filed suit in U.S. CircuitCourt of Appeals in New Orleans to challenge a new EPA ruling on Concentrated Animal Feeding Operations (CAFO’s). Back in 2005 a U.S. Circuit Court of Appeals in New York said the EPA could not require growers to apply for permits merely because they have the “potential to discharge”pollutants into U.S. waters. So, EPA changed that rule to require permits where there is a “proposal to discharge”. The two poultry groups say that change does not conform to the 2005 court ruling. They also contend the new rule could be applied to air discharge from a CAFO as well andthat is not what Congress intended with the Clean Water Act.