June 26, 2003

EPA’s New Regulations for Large-scale Animal Production Facilities Spark Controversy — What’s the Beef?

The Environmental Law Institute and the DC Bar Environment, Energy and Natural Resources Section held a seminar on June 26, 2003 about EPA’s recently revised pollution control regulations for Concentrated Animal Feeding Operations (CAFOs). Under the new regulations, all large operations must apply for a Clean Water Act permit and develop a nutrient management plan. Both environmentalists (NRDC, Sierra Club, Waterkeeper Alliance, and the American Littoral Society) and industry trade groups (American Farm Bureau Federation, National Chicken Council, National Pork Producers Council, and National Turkey Federation) have sued EPA to challenge the new rule that went into effect this spring. Among the more controversial issues is EPA’s strategy for regulating the land application of animal waste.

Walker Smith (Director of the Office of Regulatory Enforcement, EPA), Richard Schwartz (Partner, Crowell & Moring National Pork Producers Council), Melanie Shepherdson (Staff Attorney, Natural Resources Defense Council) and James Hanlon (Director of the Office of Wastewater Management, EPA) discussed the implications of this new rule on CAFO facilities, EPA’s enforcement strategy, state and local governments and surrounding communities.