D.C. Circuit has thrown out a 2008 final rule issued by the EPA that exempted AFOs from reporting hazardous materials releases

The U.S. Court of Appeals for the D.C. Circuit has thrown out a 2008 final rule issued by the Environmental Protection Agency (EPA) that had exempted concentrated animal feeding operations (CAFOs) from reporting when large quantities of hazardous materials such as ammonia and hydrogen sulfide are released into the air from animal waste.EPA had reasoned that such reports were unnecessary because a federal response was “impractical and unlikely,” the appeals court noted in its ruling.A number of environmental groups, including Waterkeeper Alliance, objected to the EPA’s interpretation, arguing the agency is not authorized to grant reporting exemptions, and they petitioned the courts to overturn the rule.In vacating the EPA rule, the D.C. court said, “We find that those reports aren’t nearly as useless as the EPA makes them out to be.”