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
-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
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.
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