When Congress passed the Clean Water Act in 1972, it gave EPA the responsibility to protect public health and the environment from pollution stemming from farms and concentrated animal feeding operations (CAFOs). We take this charge seriously and have dedicated one of EPA’s six National Enforcement Initiatives to preventing animal waste from CAFOs from contaminating water. If not managed properly, animal waste can impair drinking water sources, transmit disease-causing bacteria and parasites, and pollute the rivers and lakes on which we all depend.
In 2011, an EPA review of a poultry CAFO owned by Lois Alt in West Virginia determined that when it rained, manure and other pollutants were discharging into a nearby creek that flowed into the Potomac River. The discharge required a permit under the Clean Water Act which would have defined safeguards to minimize pollution.
EPA issued an administrative order to address this pollution. The Alt CAFO then clarified existing management practices and adopted new ones in its operations to reduce runoff of manure, and then challenged the order in court. After EPA’s follow-up inspection and correspondence with Ms. Alt confirmed that the changes would reduce pollution, EPA withdrew the order and requested the court to dismiss the case because the dispute was over. It was time to move on and focus on more pressing issues of environmental and public health protection.
The district court nonetheless heard the case. After more than a year of legal proceedings, the district court issued a decision that offers an overly broad view of the Clean Water Act’s exemption for agricultural stormwater.
Although EPA thinks that the district court decision is wrong, we also think that it is time to stop spending resources on litigation about this CAFO. EPA is not going to appeal this decision; our resources are better spent remedying more serious, ongoing pollution across the country.
The briefs we filed in this case – and many others – state that Congress established CAFOs as point sources, and that when CAFOs discharge pollutants from the production area into waters of the United States, as the Alt operation did, the law requires permit authorization.
EPA stands by this position.
Pollution from CAFOs flowing into local waterways when it rains is an environmental and public health risk. The law gives EPA the authority to require that agriculture operations with large numbers of animals in a small area that discharge pollutants to U.S. waters obtain a permit, to reduce their environmental impact. EPA remains committed to working with the agricultural community to ensure compliance with this legal requirement and to pursue enforcement when necessary. One district court decision does not change either the law across the country or EPA’s commitment to protecting water quality.
A smart and strategic enforcement program requires us to make choices about where to spend our time for the biggest benefit to the public. We stand firm on this commitment to protect public health and the environment.