IMPLICATIONS OF C.A.R.E. VS. SOUTHVIEW FARM ON THE U.S. LIVESTOCK AND POULTRY INDUSTRY1

Abstract

ABSTRACT: On May 19, 1993, a jury in the U.S. District Court for the Western District of New York found Southview Farm and Richard H. Popp guilty of violating the Clean Water Act on five occasions. The violations were the result of storm water runoff from a site used for disposal of dairy cattle manure from an unpermitted concentrated animal feeding operation. The presiding District Court judge later dismissed the jury verdict, and subsequently a U.S. Court of Appeals for the Second Circuit reversed the dismissal. The Court of Appeals concluded that the discharges were not exempt as agricultural storm water discharges, and that the manure spreaders involved were point sources. Because the use of animal manures in crop production activities will result, unavoidably, in the discharge of some pollutants to adjacent surface waters, a rational and universally applicable basis is needed to determine when such discharges are point versus nonpoint source. Current statutes and regulations do not delineate clearly such a boundary. To address this lack of specificity, I propose that application rates be based on recommended crop nutrient needs.