Turn to the nation's most objective and informative daily environmental news resource to learn how the United States and key players around the world are responding to the environmental...
Dec. 23 --The Environmental Protection Agency has asked the U.S. Court of Appeals for the Fourth Circuit to review a district court ruling that said the agency can't require farmers to obtain Clean Water Act discharge permits for agricultural stormwater runoff from farmyards (Alt v. EPA, 4th Cir., No. 13-2534, appeal filed 12/23/13).
The Dec. 23 appeal by EPA follows an Oct. 23 ruling by the U.S. District Court for the Northern District of West Virginia holding that stormwater runoff from litter and manure is exempt from National Pollutant Discharge Elimination System permitting requirements under Section 402 of the Clean Water Act (Alt v. EPA, 2013 BL 218814, N.D. W.Va., No. 2:12-cv-00042, 10/23/13; ).
The environmental groups Food and Water Watch, Potomac Riverkeeper, Waterkeeper Alliance, Center for Food Safety and the West Virginia Rivers Coalition, which intervened on behalf of the EPA, also filed separate notice of appeal Dec. 20 of the ruling.
The district court ruled that litter and manure washed from “the farmyard to navigable waters by a precipitation event is an agricultural stormwater discharge, and, therefore, not a point source discharge, thereby rendering it exempt from the NPDES permit requirement of the Clean Water Act.”
At issue was a 2012 lawsuit filed by West Virginia poultry grower Lois Alt against the EPA, challenging the agency's authority to regulate livestock farms under the Clean Water Act by interpreting regulations in ways that treat ordinary agricultural stormwater runoff as “process wastewater,” effectively making all areas of poultry farms regulated production areas.
In particular, the district court said the areas between poultry houses are clearly not animal confinement areas and that manure and litter in the farmyard “would remain in place and not become discharges of a pollutant unless and until stormwater conveyed the particles to navigable waters.”
Alt challenged the basis for the EPA administrative order against the Eight is Enough broiler operation near Old Fields, W.Va., that threatened penalties as high as $37,500 a day for not obtaining an NPDES permit.
EPA could not be reached for comment on the appeal.
However, Scott Edwards, co-founder of the Food and Water Justice, a project of Food and Water Watch, told Bloomberg BNA Dec. 23, “We believe that the court completely misapplied well-settled law in exempting the Alt pollution discharges from the Clean Water Act.”
Edwards said, “The court has, in effect, given these highly polluting, yet sorely under-regulated facilities, an even greater license to pollute. Not only does the law require permits for the kinds of pollution that Alt admits is coming from her operation, but the deteriorating conditions of our waterways demands it.”
Ellen Steen, general counsel for the American Farm Bureau Federation, which intervened on behalf of Alt in the case, told Bloomberg BNA in a Dec. 23 e-mail, “If EPA wishes to persist in its unlawful application of the Clean Water Act, we are pleased to take the matter to the appellate court. We are confident the Fourth Circuit, too, will decide this case in favor of Mrs. Alt.”
To contact the reporter on this story: Amena H. Saiyid in Washington at email@example.com
To contact the editor responsible for this story: Larry Pearl at firstname.lastname@example.org
The notice of appeal in Alt v. EPA is available at http://op.bna.com/env.nsf/r?Open=smiy-9enpsz.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)