NHF Digital Edition

Get our FREE digital edition! Subscribe here.

Court Dismisses Challenges to Air Emissions Agreements

The National Pork Producers Council applauds a federal court ruling dismissing challenges to the validity of air emissions agreements between the Environmental Protection Agency (EPA) and livestock and poultry farms.

Air consent agreements between the two parties protect animal feeding operations from EPA enforcement actions for past air emission violations, as well as for any violations while the agency conducts a monitoring study of emissions from farms. (See July 15, 2007, National Hog Farmer page 8).

The agreements were signed by 2,600 animal-feeding operations (AFOs), including 1,856 hog operations. NPPC worked with the EPA to write agreements protecting pork producers, while permitting the agency to develop air emissions standards for farms.

The U.S. Court of Appeals for the DC Circuit dismissed environmental groups' petitions for review of the agreements “because exercises of EPA's enforcement discretion are not reviewable by this court.” The groups argued the agreements were rules disguised as enforcement actions and that EPA failed to provide proper rulemaking.

The court explained: “Because the (Clean Air and other) acts apply only to emissions above specified levels, EPA cannot enforce the statutory and regulatory requirements without determining an AFO's emissions.”

“The air consent agreements are necessary to take the pork industry's environmental performance to the next level,” says Randy Spronk, a pork producer from Edgerton, MN, and chairman of NPPC's Environmental Policy Committee.

“By working cooperatively with EPA to conduct emissions monitoring, we are developing the body of scientific knowledge on air emissions from animal agriculture that is necessary to design and implement effective mitigation measures. It is good for agriculture, good for the environment and good for the American people,” he says.

Want to use this article? Click here for options!
© 2009 Penton Media Inc.



Most Recent Story


Most Recent Articles



National Hog Farmer TV

Resources

  • Industry Resources
  • Calendar
  • Blueprint Issues
  • Career Opportunities
  • Pork Checkoff
  • Quarterly/Weekly Hog and Pig Reports
  • Product Info
  • People
  • Production Posters
  • Green Agriculture
  • State of the Pork Industry Report
  • New Product Tour

Current Issue

Costs, Price Pressures Ease Just a Little

There was a lot to be positive about in the pork industry the last week of October. I realize it is difficult to be optimistic when you are still losing $25 to $30/head. I also realize that positive news at this point could be as dangerous as it is welcome. But facts are facts, and we must recognize them. ...

Current Issue

The "Good" and "Bad" Sides of a Cheaper Dollar

As I begin this week's column, I"m reminded of two different "flip side" statements that may help characterize the topic at hand. The first is the old Archie Campbell schtick - "That's good - no that’s bad," which I have used before. The second reflects President Truman's frustration with economists' incessant use of the qualifier - "on the other hand" - to introduce the contrary opinion on a given topic. President Truman once demanded in his usual colorful language: "Will someone please find me a *!&%$*?>

Marketplace Ads

  • VAL-CO

    Swine Heat Stress. Start thinking about your summer cooling options.

  • Advertise in our Marketplace

    Advertise your business here! Find out how.

  • U.S. Crop and Livestock Maps for sale

    Ag Maps for Sale: U.S. Crop and Livestock Maps

Back Issues Archive