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Full-Text Articles in Law
The Death Of The Duty To Apply: Limitations To Cafo Oversight Following Waterkeeper & National Pork Producers, William M. Mclaren
The Death Of The Duty To Apply: Limitations To Cafo Oversight Following Waterkeeper & National Pork Producers, William M. Mclaren
Will McLaren
Should regulators have an affirmative burden to show industrial livestock facilities are polluting before imposing permit requirements, or should facility owners have a duty to apply for permits? This article analyzes that question in the context of water quality permitting and the concentrated livestock industry, with an emphasis on permitting regimes under the Clean Water Act (CWA).
Concentrated animal feeding operations (CAFOs) have, in the past decade, received a decisive answer to the above inquiry. In Waterkeeper Alliance v. EPA and National Pork Producers v. EPA, two federal appellate courts determined that CAFOs have no duty to apply for a …
Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson
Natural Resources Law: Private Rights And The Public Interest, Eric Freyfogle, Michael Blumm, Blake Hudson
Contributions to Books
This casebook offers a view of natural resources law rich in history, yet exposing students to the complexities of practicing natural resources law in the 21st century. Given that the focus of most Natural Resources Law casebooks is public lands and public law (often at the federal level), this casebook is unique in its primary focus on natural resource conflicts on private lands and its significant focus on private law (though public law is also a focus). While we include chapters on federal public lands and areas of federal primacy like wetlands regulation and endangered species protection, our focus is …