• Mark Ryan

An Interesting Air Deposition CAFO Case out of Maryland

This opinion was issued a couple of weeks ago when I was on vacation. It is a state court case, which I generally don't follow, but it's worth a read. It involves air ammonia discharges from a poultry facility in Maryland. The court found that the air emissions, which were reaching the water and effecting water quality, were covered by the state's intent to expand coverage of the CWA under state law. The court specifically rejected the argument that regulating gaseous ammonia expands the CWA. A copy of the opinion is attached below.

It will be interesting to see what happens with this case on appeal (I'm assuming there will be one). The federal courts have been generally reluctant to extend jurisdiction to air emissions. But this case arises out of an interpretation of state law. Will it be limited to Maryland? Or will other state courts follow. Expect the enviros to push this CAFO issue in other states.

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