8-13 IAT Manure Regs

 Yakima Lawsuits Threaten Livestock Operations Nationwide

Five lawsuits were filed in Federal Court in Yakima, WA by Community Association for Restoration of the Environment, Inc. (CARE) against five separate dairy operations in Yakima, Washington. The suits assert that the dairy producers violated the Resource Conservation and Recovery Act (RCRA), a federal statute governing the storage and disposal of solid waste. CARE believes dairy livestock nutrient by-products (manure) should be regulated the same as waste from municipalities and hazardous waste. The lawsuits filed are an attempt by CARE using the federal court system to reclassify livestock nutrient byproducts as a waste product by broadening the understood definition of waste within RCRA to include livestock nutrient by-products.

Bob Naerbout, Executive Director of The Idaho Dairymen’s Association said: “Three key issues we want all livestock producers and everyone within the industry to understand: First, this is a federal case that will impact all livestock producers throughout the country regardless of size or location. Whatever decision is made in this case will set the precedence for future cases. Second, if the case is appealed by either side, it goes to 9th Circuit Court of Appeals, historically a very liberal appeals court. Lastly, the catalyst for these five suits was EPA Region 10‘s overreaching regulatory activity which was justified by EPA research that lacked scientific basis.”