CAFOs: Cases | jgersen | February 17, 2015

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CAFOs: Cases

by jgersen Show/Hide
  1. 1 Show/Hide More Community Association for Restoration of the Environment, Inc. v. Cow Palace, LLC
    Original Creator: jgersen
    Discusses the following issues:
    1. Whether Plaintiffs have Article III standing
    2. Whether certain evidence, including expert testimony, should be limited or excluded from trial
    3. Whether animal waste, when over-applied onto soil and leaked into groundwater, is a “solid waste” under RCRA
    4. Whether the Dairy's manure management, storage, and application practices constitute “open dumping” under RCRA
    5. Whether the Dairy's manure management, storage, and application practices may cause or contribute to an imminent and substantial endangerment to public health and the environment
    6. Whether Cow Palace, LLC, Three D Properties, LLC, and The Dolsen Companies are all responsible parties under RCRA.
    News article summary: http://www.yakimaherald.com/news/2828984-8/judge-rules-dairy-polluted-groundwater
  2. 2 Show/Hide More American Farm Bureau Federation v. United States Environmental Protection Agency
    Original Creator: jgersen
    News article summary:
    http://minnlawyer.com/2015/01/29/judge-rejects-farm-groups-lawsuit-to-keep-epa-data-private/
  3. 3 Show/Hide More National Pork Producers Council v. United States Environmental Protection Agency
    Original Creator: jgersen
    Held: PA lacked authority to issue regulation requiring CAFOs that proposed to discharge pollutants to apply for National Pollutant Discharge Elimination System (NPDES) permit.
  4. 4 Show/Hide More Concerned Residents for the Environment v. Southview Farm
    Original Creator: jgersen

    -Liquid manure spreading operations are a point source; alt., farm itself is a CAFO.
    1. No agriculture exemption because cows not put to pasture
    2. Professor Freeman taught this case in her environmental law class

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January 08, 2016

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