Air Pollution
EPA has determined that animal feeding operations might be releasing regulated concentrations of air pollutants. To measure the air pollution from these farms and to resolve farmers’ potential liability for these emissions, EPA has offered a safe harbor agreement for farms to sign. We have educated agricultural trade associations and farmers on their options under this agreement. We also advise individual farms on their obligations under the air pollution laws and defend them if the government or citizens accuse them of violating these laws.
Animal Feeding Operations
Pressure from the news media and environmental activists has led to increasingly stringent controls on livestock and poultry farms under several environmental programs. We advise these farms on all environmental programs that affect them, including permitting, odors, insects, rodents, water pollution, and air pollution.
Permits
More and more, farms are being required to apply for environmental permits. In many cases, we work with government agencies to obtain permits to construct and operate animal feeding facilities and other operations. In other cases, if the government asks our clients to apply for an unwanted permit, we determine whether the law requires the permit and defend our clients against unjustified government demands to apply for the permit. Importantly, where a permit is required, we negotiate with the agencies for fair and practical permit conditions. If the permit contains unnecessarily costly or stringent requirements, we appeal the permit to contest it. If someone appeals a needed permit, we defend the permit. After the farm acquires the permit, we advise the farm on how to comply with the permit.
Water Pollution Discharges
Government regulators are closely watching farms for evidence that manure or other agricultural materials have spilled or flowed into streams from fields, barns, or impoundments. We advise farmers on how to avoid these discharges and defend them when accused of discharging pollutants.
Zoning And Other Local Control
Increasingly, some local governments are attempting to regulate animal feeding operations and other agricultural activities through zoning, weight limits on roads, and other schemes. We analyze state and local laws to determine whether the government’s activities are lawful and assist farmers to overcome these obstacles.
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