ELR Citation: ELR 20208
No(s). 10-cv-0487 (D. Md. Jul 21, 2010)

A district court held that an "integrator" that contracts with farmers to raise its chickens may be held liable under the CWA. An environmental group filed suit against a farm and an integrator, alleging CWA violations stemming from the discharge of poultry manure from the farm's confined animal feeding operation (CAFO) to U.S. waters. The integrator argued that it cannot be a defendant because it was not required to obtain a discharge permit. But having a permit is not the basis of an integrator’s potential liability. Rather, an integrator's liability is determined on the basis of its level of control over their contractors' chicken operations. Here, the groups allege that the integrator owns the chickens and provides all of the feed, fuel, litter, medications, vaccinations and other supplies necessary for the CAFO to grow the chickens; that it dictates the aspects of care for the chickens such as the type of buildings, equipment, and other facilities used in the operation; and that it makes periodic site visits to ensure compliance with its dictates. Because these allegations are not conclusory and are sufficient to state a plausible claim against the integrator at the motion to dismiss stage, the motion to dismiss was denied. In addition, the groups have sufficiently pleaded an ongoing violation, and the complaint raises a reasonable inference that the CAFO is the source of the pollutants discovered.