Activists and Industry Sue EPA Over CAFO Emissions Reporting Rule

Date: January 23, 2009

Source: News Room

Activist groups and the agriculture industry are suing EPA in order to overturn the agency's rule exempting all concentrated animal feeding operations (CAFOs) from reporting animal manure air emissions under Superfund law and exempting some CAFOs from reporting under right to know law. A coalition of six activist groups, including Waterkeeper Alliance, Sierra Club, Environmental Integrity Project and the Center for Food Safety argues that the EPA's decision to exempt facilities from reporting is arbitrary and illegal. Industry is challenging EPA's decision to require any CAFO's to report, arguing it violates a statutory exemption for the sector. EPA issued the rule in response to a petition from the poultry industry, which sought to exempt the sector's ammonia emissions from CERCLA and EPCRA reporting requirements due to liability concerns. The EPA broadened the exemption beyond the poultry industry to cover all animal agriculture sectors, including the pork and dairy industry, and included anexemption for hydrogen sulfide emissions in addition to ammonia. Activists argue that the EPA acted illegally in issuing the rule because CERCLA does not allow the agency to exempt an individual sector, like the agriculture industry, from reporting requirements. Furthermore, the EPA has not justified that public health will be protected.

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