Growing Michigan - First Quarter 2011
January 1, 2011
Double Rulings Regarding CAFO Permitting
In National Pork Producers Council v. U.S. E.P.A., the Fifth Circuit Court of appeals held that the U.S. EPA overreached in its 2008 Clean Water Act (CWA) Rule, which required CAFOs that discharge or “propose” to discharge apply for a permit. The Rule created a separate “duty to apply” distinct from the requirement to have a permit when discharging.