The National Pork Producers Council (NPPC) testified at a mid-December federal appeals court hearing that the U.S. Environmental Protection Agency (EPA) is overstepping its bounds in regulating livestock operations.

The case filed by NPPC before the U.S. Court of Appeals for the Second Circuit Court appeals new EPA rules governing water runoff for Concentrated Animal Feeding Operations (CAFOs).

New EPA authority would include extensive recordkeeping showing producers are meeting effluent standards and have an approved nutrient management plan – even if the livestock facility had minor potential for water pollution.

NPPC also questioned the legality of EPA regulating runoff from croplands fertilized with animal manure.

There is no deadline for a court ruling, but NPPC expects a final decision in six to nine months.