Pork producers seek dismissal of farm emissions reporting challenge

The National Pork Producers Council and a coalition of livestock and farm groups filed a Motion for Summary Judgment asking a federal judge to reject activist challenges to the Environmental Protection Agency's regulations exempting livestock farms from filing reports on routine air emissions associated with manure storage and handling. This comes a week after NPPC successfully defended the pork industry against activist attempts in the 9th Circuit Court of Appeals to force permitting requirements on livestock farms under the Clean Water Act.

In a nearly 16-year battle over air emissions reporting, the latest development stems from a challenge to EPA rules established after Congress passed the Fair Agricultural Reporting Method Act in 2018. The law, which had strong bipartisan support, exempted concentrated animal feeding operations from reporting routine manure emissions to the Coast Guard's National Response Center under the Superfund Act.

Congress acted after a 2017 federal court ruling that required farmers to calculate, document and report their farm emissions. The EPA then issued a rule under the FARM Act, exempting these emissions from mandatory reporting to local emergency response authorities, as the requirement under the Emergency Planning and Community Right-to-Know Act only applies if reports are required under CERCLA.

Activist groups challenged this EPA rule during the Trump Administration. After President Biden's election, the litigation paused while the EPA reconsidered its stance. Activists resumed their legal challenge when the Biden Administration ultimately supported livestock farmers and upheld the previous EPA rule.

In this week's filing, NPPC and its coalition partners asked the court to reject the arguments of the activist groups and uphold EPA's exemption from reporting routine air emissions to local emergency response authorities.

NPPC notes "mandating unnecessary reporting of routine manure emissions places an undue burden on farmers, who are still awaiting the EPA's completion of Emission Estimating Factors under the National Air Emissions Monitoring Study. It also overwhelms emergency responders with irrelevant data, hindering their ability to respond effectively to emergencies.

"Pig farmers are committed environmental stewards, and active community members are known for their volunteerism and leadership. Many emergency response teams in farming communities are comprised of farmers who understand the locations and operations of local livestock farms."