Posted October 17, 2013
A coalition of community, animal welfare, and environmental organizations has filed a lawsuit against the U.S. Environmental Protection Agency (EPA) challenging the Agency’s withdrawal of a proposed rule that would have allowed the collection of information, such as locations and animal population sizes, from factory farms, according to a Farm Futures article available here.
The Center for Food Safety, Environmental Integrity Project, Food & Water Watch, The Humane Society of the United States, and Iowa Citizens for Community Improvement filed the lawsuit in the U.S. District Court for the District of Columbia, arguing that the Agency’s withdrawal of the proposed rule “lacks the rational basis required by law.” The groups also argue that the information is “critical” to the EPA’s ability to protect waterways from livestock farms. The Complaint is available here.
The EPA proposed rule allowed the Agency to start gathering data from Concentrated Animal Feeding Operations (CAFOs) with the goal of making the data publicly available under the Clean Water Act (CWA). The proposed rule, known as the CWA Section 308 Rule, was created as part of a court settlement. The Agency withdrew the proposed rule in July of 2012.
Agriculture groups support the EPA’s decision to withdraw the rule. Don Parrish, senior director of congressional relations at the American Farm Bureau Federation said, “We believe this is less about the government doing a good job of regulating livestock operations and more about the ability of NGOs and environmental groups trying to gain access to information.”
Wenonah Hauter, executive director at Food & Water Watch stated, “Our review of these records confirms what EPA has already admitted in its preamble to the 308 Rule. The data from the states is inconsistent, incomplete and, ultimately, will not allow the agency to finally begin the process of properly regulating these highly polluting facilities,” according to a press release from Food & Water Watch available here.
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