Description: Lawsuit challenging the U.S. Department of Agriculture Farm Service Agency (FSA) rule that categorically excluded FSA funding of medium-sized concentrated animal feeding operations from NEPA review.
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Dakota Rural Action v. U.S. Department of Agriculture
Case Documents:
Filing Date Type File Action Taken Summary 04/04/2023 Memorandum Opinion Download CAFO provisions of final rule vacated. Federal Court Vacated NEPA Categorical Exemption for Loans to Medium-Sized CAFOs. The federal district court for the District of Columbia vacated provisions of a Farm Service Agency (FSA) 2016 final rule that established a categorical exemption from National Environmental Policy Act (NEPA) review for loan actions to medium-sized concentrated animal feeding operations (CAFOs). Medium-sized CAFOs stable or confine 200 to 699 mature dairy cows, 300 to 999 veal calves, 300 to 999 cattle, or 37,500 to 124,999 chickens. The court found that FSA had not provided notice that it would exempt all such loan actions from any NEPA review, had provided no opportunity for public comment on this change, and had provided “essentially no reasoning” for the change. The plaintiffs’ allegations included that CAFOs are one of the largest sources of air pollution in the U.S. and that “CAFOs and CAFO waste disposal also release the powerful greenhouse gases methane and nitrous oxide,” contributing to climate change. 11/07/2019 Reply Download Defendants replied in support of their motion for remand without vacatur and opposition to plaintiffs' motion for summary judgment. 10/17/2019 Opposition Download Plaintiffs filed opposition to motion for remand without vacatur and a cross-motion for summary judgment. 09/19/2019 Motion Download Motion for voluntary remand filed by federal defendants. 07/31/2019 Status Report Download Joint status report filed. 05/22/2019 Complaint Download Amended complaint filed. 05/22/2019 Complaint Download Amended complaint filed. 05/20/2019 Motion Download Unopposed motion for leave to file amended complaint filed by plaintiffs. 04/01/2019 Memorandum Opinion and Order Download Court sustained defendants' objection to plaintiffs' notice of related case. 03/25/2019 Reply Download Reply filed by plaintiffs in support of notice of related case. 03/15/2019 Answer Download Answer filed by federal defendants. 03/15/2019 Objection Download Objection to plaintiffs' notice of related case filed by defendants. 12/05/2018 Complaint Download Complaint filed. 12/05/2018 Notice Download Notice of related case filed by plaintiffs.