Attorneys for the National Pork Producers Council (NPPC) filed a legal brief in the Ninth Circuit siding with the U.S. Environmental Protection Agency (EPA) and defending agency's approach to regulating concentrated animal feeding operations (CAFOs) under the Clean Water Act (CWA).

In February, the advocacy groups, which include Food & Water Watch, Center for Biological Diversity, and Center for Food Safety, filed the lawsuit, which challenged the EPA's denial of multiple requests to modify regulations governing pollutants discharged from CAFOs.

NPPC, along with a coalition of other producers, asked the appeals court to reject the petition by the environmental groups, according to the court records.

NPPC said the EPA regulations currently enforce strict no-discharge policies for CAFOs, with limited exceptions for stormwater or precipitation-related discharges. The petitioners seek to force more CAFOs to obtain permits, even if they do not discharge pollutants, and to change how the law defines "point source" in relation to CAFOs.

The EPA defended its decision not to revise the CAFO program, and NPPC attorneys noted that courts have previously rejected similar proposals. The agency said it adequately explained its position and that petitioners’ arguments are based on policy disagreements rather than legal grounds.

NPPC attorneys defend EPA, ask appeals court to toss lawsuit

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