Concentrated Animal Feed Operations | jgersen | January 08, 2016

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Concentrated Animal Feed Operations

by jgersen Show/Hide
  1. 2 Show/Hide More CAFOs: Cases
    Original Creator: jgersen
    1. 2.1 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. 2.2 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. 2.3 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. 2.4 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

  2. 3 Show/Hide More CAFO Complaints
    Original Creator: jgersen
    1. 3.1 Show/Hide More 5 U.S.C. §§ 551 challenge to the EPA (not responding to ammonia gas pollution petition)
      5 U.S.C. §§ 551 challenge to the EPA for failing to respond to a petition arguing that ammonia gas pollution (NH3) endangers public health and welfare, to designate ammonia as a CAA “criteria pollutant” under CAA § 108, and to establish National Ambient Air Quality Standards (NAAQS) for ammonia in the ambient air to protect public health and welfare with an adequate margin of safety under CAA § 109.
    2. 3.2 Show/Hide More 5 U.S.C. §§ 551 challenge to the EPA (to regulate CAFOs under the CAA)
      5 U.S.C. §§ 551 challenge to the EPA to regulate (CAFOs) as a source of air pollution under the federal Clean Air Act (CAA) and that the five year delay in responding to petition is unreasonable
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January 20, 2016

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jgersen

Jacob Gersen

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