Sierra Club says CWA coal ash decision undercuts CAFO rules

Environmentalists are asking the U.S. Court of Appeals for the 4th Circuit to rehear its decision holding that leaking coal ash impoundments are not “point sources” subject to Clean Water Act (CWA) limits, warning that it appears to exempt concentrated animal feeding operations (CAFOs) and other “well-recognized point sources” from CWA liability. The Sept. 25 rehearing petition in Sierra Club v. Virginia Electric Power Company says the three-judge panel that decided the case broke with existing 4th Circuit precedent...