The agency withdrew the proposed rule in July of 2012. According to the complaint, the only reason the EPA gave for withdrawal of the rule was because it believed that it was more appropriate to determine CAFO information from existing sources like the United States Department of Agriculture. Plaintiffs contend that without the rule, the agency will not be able to fulfill the requirements under the Clean Water Act to regulate CAFO pollution, and that the agency did not give a reasonable explanation for the removal of the rule.
For more information, please see the complaint.
Written by Sarah L. Doyle - Research Assistant
The Agricultural Law Resource and Reference Center
August 29, 2013