WA federal judge allows citizen suit over manure

National Law Review
January 19, 2015
By National Law Review

January 19, 2015, Washington, DC – In a ruling which is the first of its kind, a federal judge in Washington has decided that manure, when not used as a beneficial fertilizer or soil conditioner, can be considered solid waste as the term is defined in the federal Resource Conservation and Recovery Act (RCRA), letting stand an action brought by anti-agriculture groups pursuant to RCRA’s citizen suit provision.

The decision was issued on January 14, 2015, in response to cross motions for summary judgment (and other evidentiary motions) brought in a case that has been pending since 2013. Plaintiffs brought the action against a dairy housing 11,000 cows on outdoor lots, alleging the farms’ manure storage and management practices constituted the disposal of solid wastes and created an “imminent and substantial endangerment.” READ MORE

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