AG/FDA Blog

Can EPA Regulate Animal Operations as Landfills?

Four Washington State dairies are the targets of environmental activists in lawsuits that could have far-reaching consequences for animal agriculture in the United States. In these cases, the environmentalists assert that the dairies’ manure storag… Read More
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Eight Is Enough: EPA’s Dust and Feathers Discharge Argument Goes Down the Drain

In a decision with broad implications for production agriculture, a West Virginia federal judge concluded that Clean Water Act (CWA) permits are not required solely on the basis of dust, feathers and chicken litter from poultry barns that are washed… 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A District Court judge in West Virginia is forcing EPA to defend a challenge to a now-withdrawn Administrative Compliance Order (“ACO”) related to “dust and feather” discharges from a broiler facility.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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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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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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