9th Circuit Court Rules Against Idaho CAFO Permit
Last week the 9th Circuit Court of Appeals struck down Idaho’s CAFO Clean Water Act permit, saying the requirements are arbitrary and a violation of the law. In 2020, the U.S. EPA issues a CAFO permit for the state allowing Idaho to regulate numerous dairies and feedlots under the Clean Water Act. However two environmental groups, challenged the CAFO permit accusing the state of failing to monitor effluent discharges.
According to the Capital Press, the EPA argued that it has broad discretion in regulating CAFOs and that “the regulations don’t require the type of monitoring the petitioners claim.” However, the Circuit Court agreed with the environmental groups, saying Idaho’s general CAFO permit must be vacated.
Though the EPA argued that the appellate court “must defer to its expertise,” the 9th Circuit said the agency’s discretion “is not unlimited.”
While the agency’s monitoring requirements are sufficient for potential above-ground discharges, such as those from stormwater channels, they’re lacking for leaky lagoons that may contaminate groundwater, the ruling said.
The 9th Circuit said Idaho has “serious water quality problems” due to the improper management of waste from CAFOs, with watersheds in “CAFO-dominated areas” experiencing “excessive and unsafe levels” of nutrients and bacteria.
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