LAWSUITS FILED OR PENDING

April 2008

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Lawsuit Filed Alleging End-Run of Clean Water Act NPDES Requirements for Central Valley Concentrated Animal Feeding Operations
San Francisco Baykeeper, et al. v. Regional Water Quality Control Bard, Central Valley Region

On February 15, 2008, several non-profit organizations interested in water quality issues filed a lawsuit in Sacramento County Superior Court to challenge the approval by the Central Valley Regional Water Quality Control Board (RWQCB) of Waste Discharge Requirements (WDR) for “concentrated animal feeding operations” (CAFOs) (i.e., dairies). The petition filed by the petitioners (San Francisco Baykeeper, Waterkeeper Alliance, Inc., the Mother Lode Chapter of the Sierra Club, and the California Sportfishing Protection Alliance) seeks to force the RWQCB to reinitiate the approval process for the CAFO WDRs and to conduct it consistent with both the federal Clean Water Act (CWA) and the state Porter-Cologne Act.