Wisconsin Cities and Environmental Groups Suing the EPA Over Concentrated Animal Feeding Operations

Thursday, September 14th, 2023 -- 8:00 AM

(By Danielle Kaeding, Wisconsin Public Radio) More than a dozen citizen and environmental groups are suing the Environmental Protection Agency to force better regulation of large farms to protect water quality.

According to Danielle Kaeding with Wisconsin Public Radio, Food & Water Watch, along with a dozen other groups, filed a lawsuit on Friday in federal court. The legal challenge follows the EPA’s rejection of two petitions that had sought revisions to the agency’s rules for concentrated animal feeding operations or CAFOs.

Midwest Environmental Advocates and Kewaunee CARES, both based in Wisconsin, were among groups that filed the Friday lawsuit as a result of a 2017 petition. Voskuil, a staff attorney for Midwest Environmental Advocates, said they wanted the EPA to change CAFO regulations to more closely follow the federal Clean Water Act and better protect water.

"The overall petition was asking the Environmental Protection Agency to address some loopholes and fix the system overall, so these industrial agricultural operations would be better regulated and contribute less to water contamination across the United States," Voskuil said.

In its petition, the groups said many CAFOs actually discharge waste, and it would be "appropriate" for them obtain national permits to regulate those releases. Currently, federal law only requires those known to discharge waste to obtain permits, although states like Wisconsin have gone beyond federal requirements.

The groups argued that federal appeals court rulings in 2005 and 2011 undermined the agency’s efforts to require large farms to obtain permits, placing the burden on citizens and regulators to catch polluters. In a statement, Food & Water Watch Legal Director Tarah Heinzen accused the EPA of facilitating a "clean water crisis" by failing to take action now.

"Factory farms are polluters by design, true environmental protection requires a willingness by EPA to confront this industry head on," Heinzen said. "It is high time EPA addressed the crisis it has spent decades enabling."

Groups also want the agency to revise its interpretation of an agricultural stormwater exemption. Any manure or waste runoff tied to rain or snow are currently exempt from national permit requirements.

They say that makes it "virtually impossible" to tell if a release stems from storm events or improper manure management. In its Aug. 15 response to groups, the EPA said it will study its regulations of CAFOs.

The agency also plans to form a committee to hear from farmers, states and researchers about the "most effective and efficient ways" to cut back on pollution from large livestock operations.

The EPA said it would decide whether to revise its regulations after conducting the study and reviewing recommendations from the committee. The committee is anticipated to meet over the next 12 to 18 months.

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