February 5, 2023

Volume XIII, Number 36

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February 03, 2023

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Environmental Groups Use Civil Rights Act to Challenge Hog Farm Permits

In a novel approach, environmental and community health groups in North Carolina recently filed a petition with the U.S. Environmental Protection Agency (EPA) claiming that a general permit issued by the North Carolina Department of Environment and Natural Resources (DENR) for thousands of hog farms in the state violates the Civil Rights Act of 1964.

The petition challenges DENR’s issuance of a general permit covering more than 2,000 hog facilities in March of 2014. The groups claim the general permit contains inadequate standards for manure management and but for the race and national origin of the persons who are impacted by the decision, the DENR would have required more stringent environmental requirements. Because the DENR receives federal funding, the groups have challenged the state agency pursuant to Title VI of the Civil Rights Act, which requires that no project receiving federal funding discriminate on the basis of race, color, or national origin.

Environmental and community health groups have long challenged the manure storage and management practices of the hog farms in the state. The groups are opposed to the use of open air manure pits and the irrigation of liquid manure on crop fields. The petitioners request EPA investigate the DENR’s actions pursuant to the requirements of the Civil Rights Act, revise the general permit to require waste management systems at hog facilities, and suspend funding from EPA to DENR based on its alleged violation of the Civil Rights Act.

This petition, if granted, would be a precedent setting use of the Civil Rights Act against a state environmental agency and could pave the way for similar challenges in other states.

A copy of the petition can be found here.

©2023 MICHAEL BEST & FRIEDRICH LLPNational Law Review, Volume IV, Number 252

About this Author

David A. Crass agribusiness law attorney Michael best Law Firm
Partner; Industry Group Chair, Agribusiness, Food & Beverage

David’s practice sits squarely at the intersection of the food-water-energy nexus. His work in the areas of environmental, regulatory, agricultural production, manufacturing and distribution, and energy projects gives him the depth of experience necessary to counsel clients who will be feeding and powering a projected global population of nine billion people by 2050—at a time when resource scarcity and consumer confidence require an ongoing commitment to stewardship and sustainability.

David grew up on a dairy farm in Wisconsin and maintains a presence in Michael Best’s Madison, WI...

Cameron F. Field, transactional practice attorney, Michael Best, law firm

Cameron brings a broad focus to his work advocating for clients in the agribusiness, food and beverage, and energy industries. He assists clients in navigating the state and federal regulatory process and evaluating strategic business decisions. Clients rely on Cameron for well-informed counsel on water and air permitting matters, as well as on hazardous waste reporting and liability questions. 

For example, Cameron advises on risk factors involved in the purchase, sale, and cleanup of contaminated properties. Relying on his...