Agricultural Stormwater or Pollution?

An important environmental lawsuit is currently pending that might make you think differently about "stormwater".

U.S. Poultry & Egg Association (USPOULTRY) recently filed a “Friend of the Court” brief in the United States District Court in North Carolina, supporting a motion for summary judgment submitted by Rose Acre Farms. The brief asked the court to reaffirm that any stormwater that incidentally contacts dust and feathers from poultry houses via ventilation fans and deposited on the ground constitutes “agricultural stormwater” that is exempt from National Pollutant Discharge Elimination System (NPDES) Permit permitting requirements. Rose Acre Farms submitted the motion for summary judgment following notification by the North Carolina Department of Environment and Natural Resources (NCDENR) that company was required to obtain a NPDES discharge permit.

North Carolina and the Environmental Protection Agency (EPA), through their support of the North Carolina DENR in this case, are trying to deny Rose Acre Farms of the exemption that is argued clearly exists in the Clean Water Act. by Rose Acre Farms and US Poultry. There are far reaching implications this decision holds for every producer in the U. S.

To learn more about "agricultural stormwater" the EPA’s initiatives impacting business and industry, and environmental health and safety, contact the Goosmann Law Firm at info@goosmannlaw.com or call 712-226-4000.