A coalition of environmental groups has petitioned a federal appeals court over the Environmental Protection Agency’s (EPA) denial to regulate emissions from animal feeding operations under the Clean Water Act.
Led by Food and Water Watch, the group is asking the 9th Circuit Court of Appeals in San Francisco to review EPA’s decision to deny a 2017 petition to revise its regulations regarding permitting requirements and limiting emissions from concentrated animal feeding operations (CAFOs).
On Aug. 25, EPA sent a letter to the groups and said it would convene a subcommittee to make an informed decision on how to best address the issues raised in the petition. The issues presented included revisions to tighten discharge regulations for livestock operations. EPA said the subcommittee will explore issues related to land application practices, production area practices and limiting impacts on water quality from animal feeding operations.
The subcommittee will consist of 10-20 members from environmental groups, the agriculture industry, research institutions, states and Tribes. EPA anticipates that it will host six to nine public subcommittee meetings over 12-18 months and expects work groups to meet between public meetings.
Food and Water Watch expressed disappointment with the response, stating CAFOs are responsible for a significant amount of water pollution and EPA’s “deliberate head-in-sand approach” has contributed to the crisis.
“Factory farms are polluters by design—true environmental protection requires a willingness by EPA to confront this industry head on,” said Food & Water Watch Legal Director Tarah Heinzen. “It is high time EPA addressed the crisis it has spent decades enabling.” — Charles Wallace, WLJ contributing editor





