Uncertain Future for the Regulation of Concentrated Animal Feeding Operations
This commentary is offered by guest blogger, Todd Heyman, an attorney candidate in the LL.M. Program in Agricultural & Food Law at the University of Arkansas School of Law. Todd's bio appears at the conclusion of the post. On October 31, 2012, the Environmental Protection Agency (EPA) issued a notice seeking public comment on the Clean Water Act�s regulations applicable to Concentrated Animal Feeding Operations (CAFOs). Comments are to be received by December 31, 2012. Given this is also the Clean Water Act�s 40th anniversary, it seems appropriate to take a look at the current regulatory treatment of CAFOs and determine where it might be headed. EPA is required to seek comments on the regulations pursuant to the Regulatory Flexibility Act (RFA), which was enacted to protect small businesses from excessive regulation that might unfairly impede their ability to compete with larger business entities. The RFA requires that an agency examine a regulation�s potential ...