Regulations, Enforcement & Legislation

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EPA’s 2008 CAFO Regulations

On October 31, 2008, the EPA released the 2008 Final CAFO Rule, which weakens federal regulation of factory farms by revising certain parts of the 2003 final CAFO rule. Most importantly, under the new regulations, only those CAFOs that discharge or propose to discharge into streams, lakes, and other waters will be required to apply for NPDES permits (formerly, all CAFOs were required to obtain NPDES permits).
Full text of the 2008 CAFO Rule (1.4 MB) | EPA Press Release | EPA CAFO Rule site

City Council Passes Resolution Requesting a CAFO Moratorium in Illinois

On September 8, 2008 the City Council of Galena, Illinois passed this resolution urging the State of Illinois to place a moratorium on the building and operation of all new CAFOs.

Citizens Bring Suit to Clean Up Air Pollution from Industrial Dairies in Lower Yakima Valley

Seeking to hold industrial dairies accountable for their release of hazardous air pollutants, citizens filed a lawsuit against one of the biggest dairies in the state of Washington. On behalf of the Community Association for Restoration of the Environment (CARE), the Western Environmental Law Center filed suit in federal district court on April 23, 2008 seeking to require DeRuyter Brothers Dairy to obtain permits under the Clean Air Act and limit its methanol pollution. Complaint (full text) | Press Release.

General Resources

Animal Feeding Operations: The Role of Counties

Throughout the US, the siting of large animal feeding operations has been a controversial issue. The expansion of these facilities is the result of changes in national and international policies, but they place state and local government officials in the position of dealing with siting requests and residents who oppose the sitings. In addition, concentrating large numbers of animals in a small area can cause environmental problems, primarily relating to water pollution and odors. This report discusses the concerns with animal feeding operations and identifies the roles of federal, state, and local officials in addressing the concerns. (James E. Kundell, National Association of Counties, 1999.)

A New Agricultural Policy for the United States

The paper shows how dominance by large farms, corporate control of markets and federal subsidies have turned agriculture into an industrial sector that has harmed the environment, rural communities, farm families, and food consumers. The paper examines how geography, history, technology and economics contributed to this change, and frames an alternative future for American agriculture. Download PDF version. (Minnesota Project and the Institute for Agriculture and Trade Policy, July 2003.)

The Farm Bill: Food Policy in an Era of Corporate Power

The farm bill has a tremendous impact on the US food system. Although the bill doesn’t directly affect factory farm regulations or pollutant standards, it indirectly supports these industrial operations by subsidizing the production of crops used as animal feed. This report provides an outstanding overview of the farm bill along with prudent recommendations for improving US food and farm policy. (Food and Water Watch, April 2007.)

Natural Competitive Advantage

Prepared by economist, Dr. William Weida, this paper provides a brief overview of the economic forces that affect the respective levels of production of conventional farms and industrial operations, and uses these principles to analyze the impacts of various agriculture and energy policies on conventional and industrial agriculture. Ultimately, the paper demonstrates that the best policies for preventing CAFO expansion are those that promote enforcement of existing regulations and those that promote energy conservation, rather than supporting new energy production from dual-use sources. (Dr. William Weida, July 24, 2008.)

The RapSheet on Animal Factories

Sierra Club has released a new comprehensive guide to convictions, fines, pollution violations, and regulatory records on animal factories. You can search by state or operator and find out which corporations have violated which regulations. (Sierra Club, August 2002.)

Regulation of Concentrated Animal Feeding Operations: The Legal Context

Examines case law governing the use of zoning and land use controls as a means of regulating a CAFO’s location within a community. Also explores the use of health ordinances to regulate CAFOs. (S. Mark White.)

State Regulation of Animal Feeding Operations: Seven State Summaries

An overview of the laws regulating animal feeding operations and the tools for enforcement in Alabama, Arkansas, Illinois, Indiana, Maryland, Nebraska and Oregon. (Environmental Law Institute, Jan 2003.)

State by State Survey on Waste and Manure Management

Compiled by the National Association of State Departments of Agriculture in 2001, this chart provides an overview of factory farm waste management rules for every US state. Subjects addressed include zoning requirements, lagoon management, frequency of state inspections, groundwater management requirements, and other environmental regulations related to CAFOs. (National Association of State Departments of Agriculture, June 2001.)

US Government and Federal Agencies

Agricultural Marketing Service (USDA)

Includes six commodity divisions – cotton, dairy, fruit and vegetable, livestock and seed, poultry, and tobacco. The divisions employ specialists who provide standardization, grading, and market news services for those commodities, as well as enforce federal laws.

Environmental Protection Agency (EPA)

The EPA can be an excellent resource for official statistics and reports. In particular, they provide valuable information about water and pollution caused by factory farming.

**FarmASyst and HomeASyst**

A voluntary partnership between government agencies and private business that helps individuals to prevent pollution on farms, ranches and homes using confidential environmental assessments.

Food and Drug Administration

The FDA is responsible for approving the safety of new food and drug products. See below for offices within the FDA related to animal agriculture.

FDA – Center for Food Safety and Applied Nutrition – CFSAN regulates food between its importation or processing, and its point of sale.
FDA – Bioengineered Food Website – Background information about genetically engineered foods, as well as details on the public meetings being held around the country. (FDA.)
FDA – Other Food Regulatory Agencies – Describes how the FDA’s role in food regulation complements the roles of other agencies.

Food Safety and Inspection Service (USDA)

Information about food recalls, freedom of information act, food safety, federal register publications, and more.

The National Ag Safety Database (NASD)

A national repository of agricultural health, safety, and injury prevention materials. (Centers for Disease Control.)

National Agricultural Library

One of the world’s largest and most accessible agricultural research libraries. Its mission is to increase the availability and utilization of agricultural information for researchers, educators, policymakers, consumers of agricultural products, and the public. (USDA.)

United States Department of Agriculture

The USDA is responsible for meat and poultry inspection as well as promoting US agricultural interests and overseeing farm conservation efforts.

USDA National Agricultural Statistics Service

Includes links to USDA statistical reports and to all state statistical offices.

USDA Economic Research Service

ERS provides economic information about food and agriculture.

USDA Natural Resource Conservation Service

Federal agency in charge of conserving and sustaining our natural resources.

USDA Agricultural Research Service

Research arm of USDA. National programs of ARS address air, water, and soil quality; food safety, animal welfare and production systems.

USDA Animal and Plant Health Inspection Service

Regulatory agency responsible for control of diseases and pests; this link is the area of APHIS dealing with animal health.

USDA Sustainable Agriculture Research and Education

SARE supports sustainable agriculture research and professional development. Approximately 18% of projects involve animal production.

Federal Regulations – The Clean Water Act

Clean Water Act – Statutory Law

The Federal Water Pollution Control Act (a.k.a. The Clean Water Act) – The Clean Water Act (CWA) was enacted by Congress to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” The CWA is the primary legislative source of the EPA’s authority and responsibility to control and eliminate water pollution. It prohibits the “discharge of a pollutant” by “any person” from any “point source” to waters of the United States except when authorized by a permit issued under the National Pollutant Discharge Elimination System (NPDES). The CWA specifically defines the term “point source” to include Concentrated Animal Feeding Operations (CAFOs).
The National Pollutant Discharge Elimination System – The NPDES permitting program is administered by the EPA and authorized states. NPDES permits, while authorizing some water pollution, place significant restrictions on the quality and character of such. In general, the NPDES requires dischargers to obtain permits that place limits on the type and quantity of pollutants that can be released into the Nation’s waters.
EPA’s NPDES CAFO Rule – In October 2008, the EPA revised its NPDES regulations for CAFOs. Under the 2008 CAFO Rule, not all CAFOs are required to have NPDES permits. Only those that discharge or “propose to discharge” must seek permit coverage. A CAFO “proposes to discharge” if it is “designed, constructed, operated, or maintained such that a discharge will occur.” 40 C.F.R. § 122.23(d). EPA CAFO Rule site | Full text of the 2008 CAFO Rule (1.4 MB)

Clean Water Act – Case Law

Waterkeeper Alliance, Inc., et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005) – The EPA issued the 2008 CAFO Rule in response to the Second Circuit court’s holding in this case. The Court vacated and remanded certain portions of the EPA’s 2003 CAFO regulations.
Save the Valley, Inc. v. United States E.P.A., 223 F.Supp.2d 997 (S.D. Ind. 2002) – This case was brought by an environmental group against the EPA for its failure to ensure that the State of Indiana adopt and enforce adequate NPDES regulations for CAFOs. The Court held that the State of Indiana was required to bring its NPDES program into compliance with CWA and that, if it failed to do so, that the EPA would be ordered to withdrawal Indiana’s NPDES program delegation.
Rapanos, et al. v. United States, 126 S. Ct. 2208 (2006) – In this case the Supreme Court addressed the question of where the Federal government can exercise its jurisdiction under the CWA. Specifically, the Court considered whether a wetland or tributary may be considered “waters of the United States” under the Act. The justices issued five separate opinions, with no single opinion commanding a majority of the Court. This has led to some confusion as to what standards lower courts should apply. To date, Justice Kennedy’s test has been applied by courts considering jurisdictional issues in Illinois CWA cases.

Other Federal Regulations and Legislation

Environmentalists Sue EPA over New Factory Farm Pollution Rule

A new Bush administration farm pollution rule violates the Clean Water Act by allowing large-scale livestock farms to continue to foul the nations waterways with animal waste, according to a lawsuit filed by three environmental organizations. (Sierra Club, NRDC, Waterkeeper Alliance, March 10, 2003.)

EPA Regulations and CAFOs: Fact Sheets

The CAFO Fact Sheets are a collection of 24 publications that address questions that educators and producers are likely to have about what the CAFO regulations mean, how they affect livestock and poultry production facilities, and what producers must do to comply with the regulations.

EPA Review and Approval of State and Tribal Water Quality Standards

EPA’s revised regulation that specifies when new and revised State and Tribal water quality standards become effective for Clean Water Act purposes. Includes Fact Sheet, Federal Register Document, Q&A. (EPA Office of Water, April 2000.)

Federal Environmental Laws Affecting Animal Agriculture

A project of the National Association of State Departments of Agriculture Research Foundation through the National Center for Agricultural Law Research and Information.

Food Code 1997 – FDA

Guide to retail food safety based on input from the Food and Drug Administration, USDA, and Department of Health and Human Services.

Friends of Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc. (98-822) 149 F.3d 303, reversed and remanded

The US Supreme Court in a 7-2 decision overturned a Fourth Circuit Court of Appeals decision that would have limited citizen law suits under the Clean Water Act and potentially under other federal statutes as well. (US Supreme Court, January 12, 2000.)

National Archives and Records Administration’s Federal Register

The United States Federal Register is the official daily publication for rules, proposed rules, and notices of federal agencies and organizations, as well as executive orders and other presidential documents. (General Printing Office, US Government.)

The New Rules Project

Hosted by the Institute for Local Self-Reliance, this site is a comprehensive resource for policymakers, organizations, and activists looking for innovative public policies enacted around the world.

Regulations.gov

E-government tool launched in January 2003 to facilitate public commentary on pending legislation. Users can search by keyword or relevant agency for current bills, and can send comments to legislators via an electronic form on the site or by mailing or delivering printed comments.

USDA APHIS Rules & Notices

A listing of rules and notices published by the USDA/APHIS. Includes Importation of Pork and Pork Products (dockets 95-027-2 and 97-079-2), Importation of Poultry Products (#99-089-1), Determination of Nonregulated Status for Genetically Engineered Cantaloupe (#99-003-2), and several other related notices.

State Regulations and Legislation

Inventory of CAFO Cases

A listing of law suits against CAFOs throughout the country through March 2004.

DeKalb County Illinois Case Judge Rules in Favor of Neighbors

In a precedent-setting ruling, the Appellate Court of Illinois Second District held the opinion that, “…plaintiffs presented extensive evidence of the potential harms to their health and to the values of their lands should the hog facility begin to operate. Moreover, the evidence submitted by plaintiffs indicated that the harms described were substantially certain to occur should the hog facility begin operations in its present proposed location. Defendants chose not to controvert this evidence.”

Sludge and “Corporate Rights”: First Local Government in the United States to Refuse to Recognize Corporate Claims to Civil Rights Bans Corporate Involvement in Governing

In December of 2002, Porter Township in Pennsylvania adopted laws to protect residents from toxic sewage sludge from factory farms. Officials enacted a binding law declaring that corporations operating in the Township may not wield legal privileges (which are often used by corporations to override democratic decision-making) to stop the Township from passing laws to protect the residents. (CELDF and POCLAD.)

Agriculture State Statutes on the Internet

Listing by state of all statutes related to agriculture.

Enforceable State Mechanisms for the Control of Nonpoint source Water Pollution

Summarizes the laws under which states may regulate nonpoint source water pollution.

The National Association of State Departments Research Foundation

NASDA’s Research Foundation is a 501(c)(3), nonprofit foundation established to provide agriculturally oriented research, education, and training. Current projects include: Comprehensive Nutrient Management Plans (CNMPs), Animal Safeguarding Review (password protected), Food Safety – State and Federal Standards and Regulations, State-by-State Environmental Laws Affecting Agriculture Guides, Resource Management Plans (RMPs), and Innovative Approaches to Natural Resource Protection.

NOLO Law For All

A complete online listing of state statutes.

Programs and Regulatory Activities Related to Animal Feeding Operations

An overview and summary of how states in the US regulate Animal Feeding Operations. Most of the information in this report pertains to state efforts to address water quality impacts of AFOs, and nutrient management issues. Includes individual chapters for each state. (United States Environmental Protection Agency, May 2002.)

Regional EPA Offices

Beyond the US EPA, each state has a department of natural resources, environment, or health which deals with air pollution issues within the state. In addition, some counties have their own air pollution agencies which focus on problems at the local government level.

State Farmland Protection Statutes by State

Includes links to state legislative information.

State Survey on Waste and Manure Management Regulations

This brief list provides an overview of who regulates CAFOs in each state, and how. The information is provided in a chart format so you can see how your state stacks up to the rest. (Compiled by National Association of State Departments of Agriculture State Survey, July 2001.)

US Farms – State Fact Sheets

Links for each state, with current information on farm size, financial status, rural employment, land use, and more. (USDA.)

Moratoria on Factory Farms

American Public Health Association Urges Moratorium on New Factory Farms

The American Public Health Association (APHA) is the oldest and largest organization of public health professionals in the world, representing more than 50,000 members from over 50 occupations of public health. APHA has influenced policies and set priorities in public health for over 125 years and has been at the forefront of numerous efforts to prevent disease and promote health. In 2003, the APHA issued a resolution urging federal, state, and local governments to impose a precautionary moratorium on all new concentrated animal feeding operations, and to initiate and support additional research on the health impacts of air and water pollution from such facilities. The APHA resolution cited a number of problems with CAFOs, including negative economic effects on rural communities, health problems associated with air pollution and contaminated drinking water, increased antibiotic resistance caused by the routine use of antibiotics in farm animals, and serious respiratory problems experienced by CAFO workers and neighbors. Several states and counties have enacted ordinances and moratoria to protect public health from the damage caused by factory farms. Read the APHA Resolution itself.

US State Moratoria

California

Solano County – In March 2004 the Solano County Planning Commission recommended a two year moratorium on new large dairies after more than a year of work on the topic. The recommendation then goes to the county Board of Supervisors.

Iowa

Boone County – In 2002, the Boone County Board of Health unanimously approved a resolution establishing a moratorium on all new construction of CAFOs using “lagoon systems”. The Board based much of its decision on the 2002 report from Iowa State University and the University of Iowa study groups, which revealed that CAFO air emissions may be harmful to public health and recommended a precautionary approach to minimize exposure to gas and odors from hog farms.

Cerro Gordo County – In 2002, the Cerro Gordo County Board of Supervisors voted unanimously to ban construction of livestock confinements for a year. The moratorium was the first of its kind in the state, and was designed to address concerns about possible nuisances, environmental damage, and health threats from CAFOs. The moratorium was extended for an additional year in 2003, and is currently under review for renewal by the Iowa Supreme Court. Check the Des Moines Register for updates on the situation.

Illinois

City of Galena – On September 8, 2008 the City Council of Galena, Illinois passed a resolution urging the State of Illinois to place a moratorium on the building and operation of all new CAFOs. Read the resolution.

Minnesota

In 1998 Minnesota imposed a moratorium on earthen lagoons. A 2002 Generic Environmental Impact Statement on animal agriculture recommended extending the moratorium indefinitely.

North Carolina

A moratorium on new hog CAFOs was imposed in 1997 in response to the problem of overflowing waste lagoons – specifically, after a lagoon in Onslow County released 25 million gallons of hog waste into the New River. The moratorium has been extended a number of times and is currently in place until 2007.

North Dakota

In December 2003, Towner County imposed a six-month moratorium on large feedlot operations. Neighboring Ramsey and Pierce counties have approved similar moratoria.

Wisconsin

In November 2005, residents of the Town of Chilton, WI voted to enact a two-year moratorium on all new Concentrated Animal Feeding Operations of 1,000 animal units or larger. The timely implementation of the Chilton CAFO moratorium occurred while Wisconsin faced mounting political pressure to encourage the construction of new factory farms.

Canada

Quebec

In June 2002, the Canadian province of Quebec announced an 18-month extension of the 6 month moratorium on new hog farms that had been implemented on May 1.