We’ve Sued EPA To Strengthen Clean Water Rules For Factory Farms

More than five years ago, over 30 public interest and environmental justice groups – led by Food & Water Watch – filed a rulemaking petition with the Environmental Protection Agency urging the agency to strengthen its clean water rules governing factory farms. The industry produces mountains of manure, and is a leading contributor of dangerous water pollution.

Though EPA was legally required to respond to the petition “within a reasonable time,” the Agency has neither responded, nor updated its lax Clean Water Act regulations for concentrated animal feeding operations (CAFOs). This egregious delay prompted Food & Water Watch to file a Petition for Writ of Mandamus in the Ninth Circuit Court of Appeals, asking the court to compel EPA’s response. The suit argues that the more than five year delay is unreasonable, and that EPA’s inaction is unlawfully prolonging dangerous pollution and public health threats from factory farms.

The Clean Water Act defines CAFOs as “point sources” of pollution, which should require polluting CAFOs to follow discharge permits that restrict their discharges into rivers and streams. But due to EPA’s weak regulations, only a small fraction of CAFOs have the required permits. The permits that do exist are weak and inadequately protective of water quality. The agency’s failed approach has led to widespread factory farm pollution in waterways and communities across the country. The 2017 rulemaking petition provided a roadmap for EPA to close loopholes that have enabled CAFOs to avoid regulation, and to make permits stronger and more effective. By suing EPA for its long-overdue answer, Food & Water Watch intends to finally get EPA to take meaningful action.

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