September 25, 2014

EPA abandons poultry farm appeal

By Damien M. Schiff Senior Attorney

The EPA has withdrawn its appeal of a West Virginia federal district court’s decision holding that the Clean Water Act’s regulatory regime for industrial stormwater does not apply to runoff from a poultry farm, where the “industrial” aspects of that poultry farm occur in housed and closed-off areas.  That’s good news for Lois Alt, the property owner, as well as livestock and poultry producers throughout the country.  Nevertheless, the appeal in the Fourth Circuit may still proceed if several environmental groups are allowed to intervene.  If so, we hope to participate as amicus to defend the district court’s reasonable interpretation of the statute.

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