AG Comments on Proposed EPA Rule to Regulate Livestock Operations

LINCOLN – Nebraska Attorney General Jon Bruning  led 12 state attorneys general in submitting comments to the U.S. Environmental Protection Agency (EPA) in opposition to proposed reporting requirements within the Contained Animal Feeding Operation (CAFO) Reporting Rule. Pursuant to the proposed rule, all livestock operations in the United States falling under the Clean Water Act’s (CWA) definition of a CAFO would be required to respond to information requests from EPA.
“In another example of blatant federal overreach, the EPA is targeting Nebraska’s livestock industry,” said Bruning. “This unauthorized expansion of reporting is far outside the EPA’s jurisdiction and it imposes significant economic burdens on the smallest of livestock operations.”

Nebraska contends the EPA lacks jurisdiction to require CAFOs that do not discharge to waters of the United States to provide information in regards to federal enforcement of the Clean Water Act. In addition, the states allege the proposed rule usurps the role of state permitting authorities vested with the duty to collect information in relation to the CWA.

In addition to the 12 states that jointly submitted today’s letter, at least 3 other states have also filed comments opposing the EPA’s proposed rule.