FOOD & WATER WATCH; SNAKE RIVER WATERKEEPER, INC., v. U.S. ENVIRONMENTAL PROTECTION AGENCY
The 9th Circuit Court of Appeals has vacated a National Pollutant Discharge Elimination System (NPDES) Permit for Idaho CAFOs, finding that the permit issuance was “arbitrary, capricious, and in violation of law because it lacks sufficient monitoring provisions to ensure compliance with its discharge limitations.” The opinion contains substantial detail about CAFO manure pollution and EPA discharge monitoring obligations. The permit was challenged under the Clean Water Act by Food & Water Watch and Snake River Waterkeeper.
[To accompany Federal Case Law Update "9th Circuit Vacates EPA Pollution Permit for Idaho CAFOs" from Brooks Animal Law Digest Issue No. 104.]