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Food Integrity Campaign Blog

PRESS RELEASE: Legal Petition Challenges EPA Inaction on Factory Farm Air Pollution

Food Integrity Campaign | October 26, 2021


Groups call for end to decades-long amnesty for factory farm polluters

Washington — As President Biden continues to promise that his administration will address the climate crisis and protect the air we breathe from industrial polluters, Food Integrity Campaign along with 23 other advocacy organizations demand that Biden’s EPA live up to that promise by doing more to protect communities from factory farms. Today, the groups filed a legal petition with the Environmental Protection Agency (EPA), urging it to enforce federal air pollution laws against these major polluters, something the agency has refused to do for nearly two decades.

Over sixteen years ago, the George W. Bush administration announced an Agreement and Final Order it had secretly negotiated with the National Pork Producers Council. EPA agreed to refrain from enforcing key air pollution control and public disclosure laws like the Clean Air Act against any animal feeding operation (AFO) that signed up for the deal. In exchange, participating AFOs agreed to pay a small penalty to fund a nationwide air monitoring program that was supposed to help EPA develop more accurate air emissions estimating methodologies (EEMs) for AFOs. The methodologies were intended to allow EPA and citizens to calculate factory farms’ pollution and begin enforcing clean air laws.

Nearly 14,000 AFOs signed up for this sweetheart deal, known as the Air Consent Agreement, which, by its own terms, should have been completed in 2010. Yet, due in part to the fundamentally flawed ways in which EPA designed, ran, and used the data collected from the air monitoring study, the agency has yet to finalize any methodologies or end the Air Consent Agreement.

As a result of EPA’s protracted delay, thousands of the nation’s largest AFOs continue to enjoy protection from EPA enforcement actions, even if their air pollution emissions exceed legal limits or reporting thresholds. AFOs emit a number of deadly air pollutants like ammonia, hydrogen sulfide, particulate matter, volatile organic compounds, and climate-altering methane. According to a recent study, the livestock industry’s air pollution is responsible for over 12,700 deaths per year — more deaths than are attributed to coal-fired power plants.

In light of AFO air pollution’s serious and unregulated public health impacts, the advocacy groups are demanding EPA put a stop to its “unacceptable dereliction of duty” by terminating the Air Consent Agreement, and taking all actions consistent with President Biden’s executive orders to enforce applicable clean air laws against AFOs.

The Petitioners include: Animal Legal Defense Fund, Buffalo River Watershed Alliance (Arkansas), Center for Biological Diversity, Center for Food Safety, Clean Water for North Carolina (North Carolina), Center on Race, Poverty, & the Environment (California), Earthjustice, Environmental Integrity Project, Farm Aid, Friends of the Earth, Friends of Family Farmers (Oregon), Friends of Toppenish Creek (Washington), Food Animal Concerns Trust, Food & Water Watch, Government Accountability Project, Humane Society of the United States, Iowa Citizens for Community Improvement (Iowa), Institute for Agriculture & Trade Policy, Johns Hopkins Center for a Livable Future, North Carolina Conservation Network (North Carolina), Public Justice, Socially Responsible Agriculture Project, Southern Environmental Law Center, and Waterkeeper Alliance.

“This is about basic accountability to our rural communities. We are simply asking EPA to treat agriculture the same way it treats other industries,” said Amanda Hitt, Director of the Food Integrity Campaign. “Air pollution from livestock farming is responsible for nearly 13,000 deaths a year. After 16 years, these operations do not need a free pass to pollute any longer.”

Contact: Amanda Hitt
Phone: (202) 457-0034