ELR Citation: 52 ELR 20001
No(s). 20-71554 (9th Cir. Dec 16, 2021)

The Ninth Circuit remanded EPA's issuance of an NPDES general permit for concentrated animal feeding operations (CAFOs) in Idaho. Environmental groups challenged the permit, arguing it lacked sufficient monitoring provisions to ensure compliance with its discharge limitations. The court found that the permit had sufficient monitoring requirements for above-ground discharges from production areas, but had no provisions for underground discharges, and so no way to ensure that production areas complied with the permit's zero-discharge requirement. It further found that while the permit prohibited discharges from land-application areas during dry weather, it had no monitoring provisions for dry weather discharges from land-application areas, so there was no way to ensure that a CAFO was complying with the permit requirement. The court granted the groups' petition and remanded to EPA for further proceedings.