EPA faces deadline on CAFO clean-water petition

In an appellate court order, the EPA agreed on Monday to decide by Aug. 15 if it would tighten water pollution standards for large livestock and poultry farms, a goal pursued for years by environmental groups. Only three in 10 of the largest factory farms are regulated at present, said Food and Water Watch.

“For decades, EPA has turned a blind eye to factory farm pollution,” said Emily Miller, a Food and Water Watch attorney, in a statement. “After six years of delay, EPA’s commitment to an August 15 deadline represents a move at lightning speed for the agency — we hope this indicates a commitment to finally give factory farm pollution the attention it requires.”

Environmental groups filed a petition in 2017 that proposed steps for EPA to close loopholes in regulating discharges from factory farms under the 1972 clean water law. Concentrated animal feeding operations (CAFOs), which generate huge amounts of animal waste, are the type of “point” sources covered by the law but were given light treatment by the EPA, they said, calling for more farms to be subject to regulation and for stronger regulations.

An array of environmental groups filed suit last October in the U.S. appeals court in San Francisco to compel the EPA to respond to the 2017 petition. The lawsuit led to the court order on Monday.

In January, the EPA said in a separate lawsuit that it would study whether tougher regulations were needed to reduce pollution. The agency has not updated its rules on water pollution and CAFOs since 2008, reported the Associated Press. The EPA said it “has decided to gather additional information and conduct a detailed study on these issues in order to be able to make an informed decision as to whether to undertake rulemaking.”

The appellate court order is available here.

FERN has covered livestock pollution and rural communities in a special series here.

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