As part of a legal settlement with Sierra Club, NRDC and Waterkeepers, EPA agreed to develop a rule requiring CAFOs to submit information that would let EPA determine if the CAFO was violating the Clean Water Act. That resolved the environmental groups' lawsuit against EPA. After that settlement was reached, the court decided the National Pork Producers Assoc. lawsuit against EPA. In that case the court essentially said the Clean Water Act does not apply to CAFOs in terms of NPDES permits. 


The EPA is now accepting comments on the proposed rule requiring CAFOs to submit information about their operations. I have submitted the attached comments on behalf of the Chapter.


Wally Taylor

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