A federal circuit court has rejected a U.S. Environmental Protection Agency statewide Idaho permit involving pollution into waterways from large dairy farms.
But the ruling appears to have limited immediate ramifications for the state’s $3 billion dairy industry because no Idaho dairies are required to get such a permit.
The U.S. 9th Circuit Court of Appeals on Thursday said the permit issued in May 2020 by the U.S. Environmental Protection Agency lacked sufficient monitoring provisions for underground discharges that can reach waterways.
The three-judge panel also said the permit has no requirement to monitor runoff from irrigated fields during dry weather to make sure allowed discharges aren’t exceeded.
Snake River Waterkeeper and Food & Water Watch challenged the Idaho permit under the Clean Water Act.
They said the ruling could have future implications for regulating industries that concentrate farm animals in small areas. Such operations are called Concentrated Animal Feeding Operations, or CAFOs. Federal authorities say, nationwide, CAFOs generate about 500 million tons of animal manure annually.
The group has also petitioned the EPA to require CAFOs to get permits. In Idaho, most dairies aren’t required to get permits as they say they are not discharging waste.
Idaho ranks third in the nation in dairy production, behind only California and Wisconsin. According to the U.S. Department of Agriculture, in 2020, Idaho produced more than 16 billion pounds of milk with a value of just under $3 billion, making it the state’s top agricultural product. As of Jan. 1, the agency said, Idaho had about 650,000 milking cows. (AP)
