November 27, 2017
The U.S. Court of Appeals for the District of Columbia Circuit has agreed to postpone a new requirement that could impact Alabama poultry and livestock farmers.
On Nov. 22, the court decided to delay reporting requirements under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) until Jan. 22. Once the rule takes effect, farmers will be required to report the release of ammonia and hydrogen sulfide from their farms if the releases exceeded 100 pounds in 24 hours.
“We appreciate the courts for granting the stay, which was requested by the Environmental Protection Agency (EPA),” said Guy Hall, Alabama Farmers Federation Dairy, Poultry and Pork divisions director. “This gives farmers more time to comply with the reporting requirements. However, our end goal is to work with Congress for legislation exempting farms from these air emissions reporting requirements.”
The new requirement stems from an April 2017 decision where the court sided with environmental groups to strike down a rule exempting farms from reporting the releases. The CERCLA exemption had been in place since December 2008.