ELR Citation: 55 ELR 20106
No(s). 18-2260 (TJK) (D.D.C. Aug 7, 2025) (Kelly, J.)

A district court denied environmental groups' motion for summary judgment in a challenge to a 2019 EPA rule that exempted air emissions from animal waste from an EPCRA reporting requirement. The groups argued the rule contravened EPCRA by concluding animal waste emissions were no longer reportable under §304(a)(2) following their 2018 exemption from CERCLA's notification requirements via the Fair Agricultural Reporting Method (FARM) Act, that EPA failed to consider the public's right to access information and changed course without explanation, and that EPA violated NEPA by failing to conduct an environmental impact analysis. The court found that CERCLA's exemption for air emissions from animal waste at farms—which targets the "nature" of such releases, or the "way in which" releases happen—meant that such releases "do not occur" in a manner that requires CERCLA §103(a) reporting for purposes of EPCRA §304(a)(2). It further found the rule was not arbitrary or capricious because it was consistent with the best reading of §304(a)(2) and provided a reasoned explanation for exempting the emissions. The court also found EPA was not obligated to consider environmental information because it was compelled by the FARM Act to issue the rule. The court denied the groups' motion for summary judgment and granted EPA's cross-motion.