The U.S. appeals court based in Washington voided a Bush-era exemption for large livestock farms from reporting emission of air pollutants in a win for environmentalists, said Law360. The lawsuit was filed more than a year ago by eight environmental groups, who said the EPA ignored petitions in 2009 and 2011 for regulation of ammonia, methane and other emissions from concentrated animal feeding operations (CAFOs).
Before CAFOs were exempted, they faced the same requirements as industrial facilities to notify regulators when toxic pollution exceeded threshold levels. “This loophole … prevented reporting of these toxics to local and state responders and the court held that plainly violated the law,” said Earthjustice attorney Jonathan Smith, who helped argue the appellate case.
CAFOs may hold 1,000 cattle, 2,500 hogs or 125,000 chickens. The Waterkeeper Alliance, one of the groups involved in the case, said the ruling ensures the public right to know when CAFOs release air pollutants “and will hopefully spur EPA to start responding when hazardous substances reach toxic levels.