CAFOs and the Clean Air Act

Confined animal feeding operations (CAFOs) are the target of a recent petition to the Environmental Protection Agency (EPA) by several environmental, human rights, and animal rights organizations.

As Feedstuffs online is reporting, a formal petition with the EPA was filed on September 21, 2009. The petition aims to add CAFOs “to the list of operations regulated under the Clean Air Act's endangerment standard.” The various organizations seek to add the CAFOs “to the list of stationary sources which produce air pollution ‘which may reasonably be anticipated to endanger public health or welfare.’ The EPA Administrator [Lisa Jackson] is required to keep such a list under Section 111 of the Clean Air Act.”

A “stationary source” is defined under Section 111 as “any building, structure, facility, or installation which emits or may emit an air pollutant.” The organizations allege that CAFOs emit or contribute to greenhouse gases, acid rain, haze, ammonia in the air, particulate pollution, and volatile organic compounds. The groups that filed the petition include the Humane Society of the United States (HSUS); the Waterkeeper Alliance; Friends of the Earth; the Center of Race, Poverty, and the Environment; Clean Air Task Force; and others.

In a Friends of the Earth press release Jonathan Loworn, vice president and chief counsel for Animal Protection Litigation and Research at the Humane Society, made the following statement, ‘“The EPA should hold these big agribusiness corporations accountable for the enormous harm they are inflicting on local communities, independent family farmers, and the environment.”’ The petition also “explains how reducing emissions of major pollutants from [CAFOs] . . . will improve human health, reduce suffering of farm animals, protect wildlife, and reduce the effects of climate change and other environmental problems.”

The United Nations Food and Agriculture Organization has reported that “animal agriculture was responsible for contributing 18 percent of all greenhouse gas emissions-more than even the transport sector.”

It is worth noting that the National Association of State Departments of Agriculture (NASDA) has stated in their latest news release that “[i]n July HSUS CEO Wayne Pacelle said that by September 25, HSUS would have a fully functioning litigation department that would do nothing but offensive litigation for animals.” So, this petition could just be the starting off point for this new litigation department.

To read the petition click here.
To read the Feedstuffs article click here.
To read the Friends of the Earth press release click here.

Posted: 10/01/09