Appeals court rules EPA cannot require discharge permits based on chance

Livestock and dairy organizations hailed a March 15 federal court ruling in New Orleans that is expected to rein in federal permit requirements for confined animal feeding operations.

The 5th U.S. Circuit Court of Appeals ruled that EPA cannot require that livestock operations obtain a National Pollutant Discharge Elimination System permit based on the chance they could discharge into waters of the United States.

"This is an extremely important victory for animal agriculture in Idaho and nationwide," Idaho Dairymen's Association Executive Director Bob Naerebout said.

"It's a pretty big deal," said Dave Warner, director of communications for the National Pork Producers Council. "If (a previous rule) had been left to stand, every animal feeding operation in America could have been liable for hundreds of thousands of dollars in fines if they had an accidental discharge and didn't have a Clean Water Act permit."

The pork council, along with the American Farm Bureau Federation, United Egg Producers and other agricultural groups, brought the suit against EPA.

Coupled with a similar 2nd Circuit Court of Appeals ruling in 2005, the March 15 ruling sets a strong precedent, Warner said.

In 2005, the 2nd Circuit Court ruled that the Clean Water Act requires permits only for producers who actually discharge into U.S. waters. EPA had sought to require permits even for operations that had a potential to discharge.

Warner said the unanimous three-judge decision in the 5th Circuit could be appealed to the full court.

-- Mitch Lies