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28 February 2005

Ruling Likely to Lead to Rewrite of EPA Rule for Factory Farms

February 28, 2005 - InsideEPA.com reported that a federal appellate ruling is "likely to force a major rewrite of the EPA's rule governing discharges from factory farms, with the court backing environmentalists' arguments that the rule was not sufficiently protective, but also agreeing with industry that feedlots are not necessarily required to have permits as the EPA had mandated."

"In a win for industry, the U.S. Court of Appeals for the 2nd Circuit ruled Feb. 28 in Waterkeeper Alliance Inc., et al. v. EPA that the agency exceeded its authority under the CWA by requiring CAFO's to either apply for a clean water permit or prove they have "no potential" to discharge into waterbodies."

Mayer, Brown, Rowe & Maw LLP partner Timothy Bishop represented industry in the litigation.

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