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April 13, 2017

Court vacates federal air emission reporting exemption for animal waste

On April 11, 2017, the U.S. Court of Appeals for the District of Columbia Circuit vacated a 2008 federal rule that generally exempted livestock facilities from administrative reporting requirements for the release of hazardous substances to the air from animal waste (Waterkeeper Alliance, et al. v. EPA, No. 09-1017, April 11, 2017).  The court’s decision creates regulatory uncertainty for many large livestock operations across the country that may now be subject to annual reporting requirements for the release of hazardous substances from animal waste to the air under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) and the Emergency and Community Right-to-Know Act of 1986 (EPCRA). The decision may impact also state-based reporting exemptions to the extent they incorporate or are tied to the federal reporting requirements. Read more 

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