Farm Appeals District Court Ruling Sending CWA 'Dust' Suit To State Court

摘要

A North Carolina farm is asking the U.S. Court of Appeals for the 4th Circuit to revive its suit challenging Clean Water Act (CWA) permit limits for discharges of feathers, farm dust and other airborne pollutants from such facilities in stormwater runoff, fighting a federal district court judge's decision to send litigation over the issue to state court. A July 30 ruling by Chief Judge James C. Dever of the U.S. District Court for the Eastern District of North Carolina dismissed Rose Acre's challenge, siding with the state and EPA to find that a dispute over a state-crafted CWA permit belongs in state court, even when it presents a "substantial federal question" concerning the reach of the water law. The judge then ordered that the litigation be transferred to the state court (Water Policy Report, Aug. 10).