5th Circ. Wipes Part Of EPA Factory Farm Permit Rule

Law360, New York (March 15, 2011, 7:16 PM EDT) -- The Fifth Circuit on Tuesday overturned part of a U.S. Environmental Protection Agency rule, finding that factory farms cannot be required to obtain Clean Water Act permits unless they are discharging waste into a U.S. waterway.

It is within the EPA's province to impose a duty to apply for a permit on any factory farm — otherwise known as a concentrated animal feeding operation, or CAFO — that is actually discharging waste, according to a three-judge panel of the U.S. Court of Appeals for the Fifth...
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