RECENT FEDERAL DECISIONS

April 2005

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Second Circuit Partially Upholds and Partially Strikes Down EPA’s Concentrated Animal Feed Operation Regulations under the Clean Water Act
Waterkeeper Alliance, Inc. et al v. U.S. Environmental Protection Agency, ___F.3d ___

The Second Circuit Court of Appeals has struck down certain parts of regulations promulgated by the U.S. Environmental Protection Agency (EPA) dealing with concentrated animal feed operations (CAFOs). CAFOs produce a variety of pollutants that are regulated under the Clean Water Act (CWA) and discharge of these pollutants requires a National Pollutant Discharge Elimination System (NPDES) permit under § 301 of the Clean Water Act. EPA’s promulgation of rules to govern these discharges was attacked by various environmental groups.