Federal appellate court rules against EPA provision
In a unanimous decision handed down yesterday, the U.S. Court of Appeals for the 5th Circuit ruled that the U.S. Environmental Protection Agency (EPA) exceeded its statutory authority in requiring concentrated animal feeding operations (CAFOs) to apply for Clean Water Act (CWA) permits if they “propose to” discharge.
At the same time, the Court upheld a provision in the rule that allows permitting authorities to regulate a permitted CAFO’s land application and include them in a CAFO’s National Pollution Discharge Elimination System (NPDES) permit.