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National Pork Producers Council v. United State Environmental Protection Agency

ELR Citation: ELR 20115
Nos. No. 08-61093, (5th Cir., 03/15/2011)

The Fifth Circuit vacated portions of EPA's 2008 concentrated animal feeding operations (CAFOs) rule. The rule requires CAFOs that propose to discharge to apply for an NPDES permit. But there must be an actual discharge into navigable waters to trigger the CWA's requirements....

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