9th Circuit Doubts Environmentalists’ CAFO Suit But Questions EPA Methods

An appellate panel is doubting environmentalists’ suit seeking to vacate and remand EPA’s denial of their 2017 petition seeking tougher effluent limits for concentrated animal feeding operations (CAFO), with the judges saying they do not believe the denial was arbitrary and capricious given the agency is conducting a planned study on the issue. But even as they are skeptical of the suit, one of the judges is questioning EPA’s methods. “We could force EPA to issue some kind of regulations...