Clean Water Act Case Study

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nOakes, Senior Circuit Judge: This is a citizen's suit under the Clean Water Act * * *. The suit arises on account of the liquid manure spreading operations of a large dairy farm in western New York * * *. [T]he case proceeded to jury trial. * * * Following a jury verdict in plaintiffs' favor on five CWA violations and the state law trespass claim, the United States District Court for the Western District of New York, David Larimer, Judge, granted judgment to the defendants as a matter of law on the five CWA violations. * * * The court left standing the verdict and damages of $4,101 on the trespass count. * * * The appeal by plaintiffs involves only the five CWA violations and raises anew the question what is a "point source" within the meaning of CWA § 502(14), a question this court touched upon in United States v. Plaza Health Labs * * *. The appeal also concerns whether the liquid manure spreading operations fell within the "agricultural stormwater discharges" exception to point source discharges under the Act. CWA § 502(14). We now hold that the liquid manure spreading operations are a point source within the meaning of CWA § 502(14) because the farm itself falls within the definition of a concentrated animal feeding operation ("CAFO") and is not subject to the agricultural exemption.…show more content…
Defendants are the farm itself, and Richard H. Popp, an individual. Southview Farm is one of the largest dairy farms in the State of New York. It employs twenty-eight full-time and nine part-time employees. As of 1992, it owned 1,100 crop acres and had an animal population of 1,290 head of mature cows with over 900 head of young cattle, heifers and calves, making a total of 2,200

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