The 9th Circuit Court heard arguments in a lawsuit filed by Food and Water Watch, seeking to compel EPA to reconsider its denial of a 2017 petition for stricter water pollution regulations at concentrated animal feeding operations (CAFOs). Environmental groups challenge the EPA’s 2023 decision to deny a petition for stricter regulations, arguing that the agency is neglecting its duty to control CAFO pollution. EPA defends its stance, prioritizing further studies before regulatory changes. Agricultural industry groups, citing a 2005 court decision, support the EPA’s current approach. The outcome could reshape CAFO regulation, with implications for environmental protection and the agricultural sector.
Of note: Senior Judge Jay Bybee called the situation “awkward,” suggesting the court may defer to EPA’s ongoing evaluations. The lawsuit highlights concerns over the nearly 10,000 unpermitted CAFOs. A decision may take up to a year.
