Attorneys representing the National Pork Producers Council (NPPC) and a coalition of livestock and agriculture groups presented oral arguments Thursday before the U.S. Court of Appeals for the Ninth Circuit in San Francisco. The case, brought forward by activist organizations, could potentially lead to significant changes in how the U.S. Environmental Protection Agency (EPA) regulates Concentrated Animal Feeding Operations (CAFOs).
The Case at Hand
Earlier this year, a large coalition of national and state activist groups led by Food & Water Watch, the Iowa Citizens for Community Improvement, and the North Carolina Environmental Justice Network filed a lawsuit against the EPA. The lawsuit followed the EPA’s denial of a petition demanding that CAFOs be required to obtain federal permits to operate.
These activist groups want the CAFO Rule to assume that livestock and poultry farmers are discharging into Waters of the United States (WOTUS), which would be a violation of the Clean Water Act (CWA). The groups are asking the Ninth Circuit Court to eliminate the long-standing exclusion for agricultural stormwater runoff from animal feeding operations. Instead, they want all CAFOs to either obtain CWA discharge permits or prove they are not discharging into WOTUS.
A Precedent-Setting Ruling
If successful, this case would mark a departure from earlier rulings by the U.S. Court of Appeals for the 2nd Circuit in 2005 and the 5th Circuit in 2010. Both courts found that CAFOs are not obligated to apply for discharge permits under the CWA unless actual discharges are proven, not just potential discharges. This decision has shaped how modern livestock farming operates today.
In defense of the EPA’s current regulations, the NPPC, American Farm Bureau Federation, U.S. Poultry and Egg Federation, and United Egg Producers intervened in the litigation, arguing that the established regulations are essential for the continuation of modern livestock and poultry farming.
NPPC’s Perspective on the Case
The NPPC has long positioned the U.S. pork industry as a leader in environmental protection and sustainability. According to NPPC representatives, the industry has worked closely with federal, state, and local regulators, developing advanced practices and technologies to optimize the use of valuable manure resources and continuously improve on-farm performance.
The NPPC sees this lawsuit as an attempt by eco-activists to undermine food production across the country, and they have successfully defended the industry against such attacks in the past.
Why This Case Matters
If the activist groups’ lawsuit succeeds, the outcome could dramatically alter environmental regulations for livestock operations nationwide. This could result in millions of dollars in litigation, fines, and compliance challenges for individual hog farmers, and potentially set the industry back by decades. The ruling would disrupt how CAFOs operate and place a significant financial burden on pork producers, who have been leaders in adopting environmentally sustainable practices.