The Aftermath of ALT v. EPA : Unresolved Tensions in Poultry Farm Pollution Control

On October 2, 2014, the Environmental Protection Agency withdrew its appeal to the Fourth Circuit in Alt v. EPA, a case that highlighted the tension between common poultry farming practices in the mid-Atlantic region and attempts by environmental groups and regulators to clean up the Chesapeake Bay. EPA's withdrawal of its appeal leaves uncertain, in most districts, whether EPA can pursue enforcement of what it still contends are unpermitted discharges of pollutants under the Clean Water Act against poultry farmers when poultry house fans scatter litter, dander and debris in the surrounding area. The Article concludes that EPA has sufficient grounds for liability to make poultry farmers nervous, but lacks sufficient legal and political muscle to assure its success, potentially leaving the Bay and other critical watersheds unprotected from this type of poultry farm pollution. The Article considers EPA's options for resolving the tension while bearing in mind the risk to poultry farmers, and suggests avenues for further research