Source: Lisa M. Keefe, MEATINGPLACE, 1/29/15

Five animal activist and environmental organizations sued the Environmental Protection Agency (EPA) over the agency’s failure to answer an earlier petition regarding the treatment of concentrated animal feeding operations (CAFOs) under federal environmental law, according to court documents.

The lawsuit was filed Wednesday in U.S. District Court in Washington, D.C., by the Environmental Integrity Project, the Center for Food Safety, the Humane Society of the United States, Clean Wisconsin, Iowa Citizens for Community Improvement and Shafter, Calif.-based Association of Irritated Residents (AIR).

The lawsuit seeks “injunctive and declaratory relief” for the EPA’s “failure … to answer a 2011 legal petition as required by law,” according to the complaint. The petition asked that the EPA use its authority under the Clean Air Act to find that ammonia gas pollution endangers public health and welfare, to designate ammonia as a “criteria pollutant” under federal law, and to establish National Ambient Air Quality Standards for ammonia “to protect public health and welfare.”

“Despite the significant and growing body of scientific research demonstrating that ambient ammonia pollution emitted by animal feeding operations, concentrated animal feeding operations and other sources cause and contribute to air pollution that endangers public health and welfare, EPA has not acted to directly regulate this pollutant under the [Clean Air Act] and as a result, thousands of sources continue to emit ammonia pollution unabated. CAFOs are not currently required to meet any testing, performance or emission standards under [the Clean Air Act],” the complaint said.

The organizations are asking the courts to find the EPA in violation of federal law for not responding to the earlier petition; to compel the EPA to provide a response; and to award the plaintiffs’ attorneys’ fees and other reasonable expenses they’ve incurred so far.

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