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Food & Water Watch v. U.S. Environmental Protection Agency

ELR Citation: 51 ELR 20176
Nos. 20-71554, (9th Cir., 09/16/2021)

The Ninth Circuit vacated an NPDES permit issued by EPA for concentrated animal feeding operations in Idaho. Environmental groups argued the permit lacked sufficient monitoring provisions to ensure compliance with its "zero discharge" requirements for production and land-application areas. The court found that the permit did not have monitoring provisions for either underground discharges from production areas or dry weather discharges from land-application areas, and thus that EPA's issuance of the permit was arbitrary and capricious. It therefore vacated the permit.