Mr. Baise is lead trial counsel for Rose Acre Farms, Inc. of Seymour, Indiana. He and his team recently won a major case against the state of North Carolina and indirectly against the U.S. Environmental Protection Agency (EPA) because the Department of Environment and Natural Resources of North Carolina is delegated by EPA to issue Clean Water Act NPDES permits. The case decision by an administrative judge declares for the first time that a state agency may not force a concentrated animal feeding operation to have a Clean Water Act permit for the discharges of air emissions of ammonia and particulate matter from fans on the end of buildings.

While Mr. Baise cannot comment on this case because he is the lead trial lawyer and the matter will likely be appealed, the opinion is worth reading by all those involved in animal agriculture. Please click the following link to read the opinion entitled Rose Acre Farms, Inc. and North Carolina Poultry Federation, Inc. v North Carolina Department of Environment and Natural Resources, In The Office Of Administrative Hearings 10 EHR 6501: Rose Acre Farms.pdf

UPDATE: This case was appealed to the Environmental Management Commission, which vacated, in part, the administrative law judge's decision. The matter will now be appealed to a North Carolina superior court.