Citizen Suit Goes Down The Drain in Farm Tile Case

Farm tile drains are not a point-source of pollution under the Clean Water Act, even if the outflows contain contaminated groundwater. So ruled Judge Kimberly J. Mueller of the U.S. District Court for the Eastern District of California in dismissing… Read More
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EPA Steps Up Criminal Enforcement Efforts Against Livestock Farmers

Ignorance of the law excuses no man. Not that all men know the law, but because ‘tis an excuse every man will plead, and no man can tell how to refute him. That sentiment, expressed by John Selden, a 16th Century English judge, still holds true tod… Read More
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Categories: EPA

Court Ruffles EPA’s Feathers: Poultry Producer Suit Permitted to Proceed Despite Withdrawal of Administrative Compliance Order

A District Court judge in West Virginia is forcing EPA to defend a challenge to a now-withdrawn Administrative Compliance Order (“ACO”) related to “dust and feather” discharges from a broiler facility. In one of the first post-Sackett challen… Read More
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Animal Activist Groups Saddled With Attorney’s Fees for “Groundless” Lawsuit

In an important ruling that will almost certainly be appealed, the U.S. District Court for the District of Columbia recently held that several animal rights activists groups are jointly and severally liable for the attorney’s fees Feld Entertainmen… Read More
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Chicken Farmer, American Farm Bureau Don’t Want to Let EPA Off the Hook

There have been new developments in the Alt v. EPA case (AgFDABlog first reported on this case in October). EPA bit off more than it could chew when it went after Lois Alt – a West Virginia chicken farmer who is not afraid of a fight. Now, faci… Read More
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EPA and Environmental Groups Float Into Stormy Waters

By Stewart D. Fried and John G. Dillard In a pair of environmental cases involving stormwater, the Supreme Court and a federal district court have flushed away certain beliefs held by EPA and environmental groups regarding the regulation of pollutant… Read More
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Splish/Splash: No Original Subject Matter Jurisdiction Over EPA’s Water Transfer Rule

In a decision with potentially broad implications, the Eleventh Circuit recently concluded that it lacked original subject matter jurisdiction over petitions for review of an EPA rule which freed federal, state and municipal agencies from obtaining a… Read More
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Eight Isn't Enough: American Farm Bureau Permitted to Intervene In WV Poultry Dust Suit against EPA

On October 9, 2012, a federal judge in Elkins, West Virginia, issued an order allowing the American Farm Bureau Federation and the West Virginia Farm Bureau (Farm Bureau) to intervene in a lawsuit filed by a West Virginia poultry producer against the… Read More
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California Court Decision May Have Major Implications for Farmers Using Drain Tiles

A federal judge in the Eastern District of California recently held that certain crop and forage operations that utilize subsurface drain tiles may be required to obtain a National Pollutant Discharge Elimination System (NPDES) permit. In Pacific Coa… Read More
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