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Sierra Club v. Seaboard Farms, Inc.

ELR Citation: 34 ELR 20128
Nos. No. 03-6104, (10th Cir., 10/28/2004)

The Tenth Circuit held that §103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which sets out reporting requirements for the release of hazardous substances from farming facilities, does not require each individual barn, lagoon, and land application area to be considered an individual facility for purposes of the statute. CERCLA §101(9)(b) is a catch-all provision that defines "facility" as "any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located." Thus, CERCLA §103's use of the term "facility" encompasses the entire contiguous farm at issue in this case and requires reporting of its ammonia emissions, which exceed 100 pounds per day.