Challenging FSA’s Medium-sized CAFO Exemptions
Dakota Rural Action v. United States Department of Agriculture
A coalition of organizations, including the Animal Legal Defense Fund, filed a lawsuit challenging a 2016 regulation issued by the Farm Service Agency that exempts medium-sized CAFOs from environmental review under NEPA.
Filed on October 17, 2019
Awaiting court order
Response due October 31, 2019
On December 5, 2018, a coalition of organizations, including the Animal Legal Defense Fund, filed a lawsuit challenging a 2016 regulation issued by the Farm Service Agency that exempts medium-sized concentrated animal feeding operations (CAFOs) from environmental review under the National Environmental Policy Act (NEPA). The lawsuit argues that this exemption violates two federal laws — NEPA and the Administrative Procedure Act.
Who is being sued, why, and under what law? The lawsuit was brought against the U.S. Department of Agriculture’s Farm Service Agency. In the lawsuit, we argue that a 2016 regulation issued by the Farm Service Agency that exempts medium-sized CAFOs from environmental review under the National Environmental Policy Act (NEPA) violates two federal laws: NEPA and the Administrative Procedure Act.
What court is the lawsuit filed in? U.S. District Court for the District of Columbia
Why this case is important: CAFOs generate massive amounts of waste, contaminating air, drinking water, and surface waters, impacting the health of both people and animals. Due to the threats these facilities pose to the environment and public health, NEPA requires federal agencies like the Farm Service Agency to conduct environmental reviews before granting loans for CAFOs.
Removing an entire class of CAFOs from NEPA’s purview greatly undercuts the law’s ability to protect our environment. Moreover, doing so violates federal law.
Animal Legal Defense Fund petition for rulemaking spurs reporting improvements: Forms will be revised to ensure AWA licensees maintain complete records of all animal deaths.December 6, 2022 Press Release
Animal Legal Defense Fund and Phoenix partner to expose dangers of this emerging industry gaining traction with considerable investments from government entitiesAugust 10, 2022 Press Release
After Images of Employee’s Injury from Animal Attack Surface – OSHA Complaint Filed Against Texas Wild Animal Dealer and Roadside Zoo OwnerGraphic images of wound are posted on Tik-Tok by an employee of Gator Park — a facility owned and operated by Jason Clay.April 7, 2022 Press Release
Lawsuit to Force USDA to Recognize Its Authority to Take Possession of Animals Upon License Revocation
Animal Legal Defense Fund v. USDA
Rise for Animals v. USDA