Judges Back Standing In AFO Air Reporting Suit But Merits Ruling Unclear

摘要

Appellate judges at oral argument appeared to back environmentalists' legal standing for their suit challenging EPA's exemptions from hazardous substance emissions reporting requirements for animal feeding operations (AFOs), but it is unclear how the judges will rule on the merits of the case as they asked tough questions of all sides in the suit. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard the argument Dec. 12 in Waterkeeper Alliance, et al. v. EPA, which consolidates challenges from environmentalists and pork producers over exemptions EPA gives AFOs under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA) and Emergency Planning and Community Right-to-Know Act (EPCRA).