Abstract

Pollution from concentrated animal feeding operations (CAFOs) in the United States is impairing water quality. CAFOs have been designated as point sources of pollutants, so under the Clean Water Act, they need a permit before they discharge pollutants into federal waters. Federal regulations known as the CAFO Rule delineate particulars about which CAFOs need permits and details about how CAFOs must minimize discharges of pollutants. The provisions of the CAFO Rule have been controversial. Revisions in 2003 and 2008 were challenged by agricultural and environmental groups for not complying with the requirements set forth by federal law. Agricultural groups feel the rule imposes too many costs and that some of the regulatory provisions are invalid because they not pursuant to any statutory authority. Environmentalists feel that the rule does not provide sufficient requirements to prevent discharges of pollutants. The analysis of five major issues illuminates the challenges faced by governments as they make efforts to limit contamination of water resources.

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