Appeals Court Upholds EPA’s CAFO Regulations in Landmark Ruling

The US Court of Appeals for the Ninth Circuit has ruled in favor of the Environmental Protection Agency (EPA) regarding its current regulations for Concentrated Animal Feeding Operations (CAFOs), dismissing a lawsuit led by activist group Food & Water Watch.

The lawsuit aimed to overhaul the EPA’s existing CAFO rules, which currently exclude stormwater discharges from Clean Water Act (CWA) permit requirements.

The court supported EPA’s cautious approach, allowing the agency to continue its focus on water quality studies and collaboration with industry representatives, such as those from the pork sector.

The ruling emphasized that the EPA’s process is both “reasonable” and aligned with CWA standards, citing that the agency sought further information before considering any regulatory changes.

The National Pork Producers Council (NPPC), which has defended the current regulations, welcomed the decision.

The NPPC highlighted that past court rulings have maintained that CAFOs are only required to apply for discharge permits when actual discharges occur, not for potential discharges. The group argued that legislative changes should come from Congress rather than the courts.

This ruling is seen as a significant victory for the pork industry and other CAFO operators, reinforcing long-standing federal regulations.

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