Environment Nuisance

nOakes, Senior Circuit Judge:
This is a citizens suit to a lower place the Clean Water Act * * *. The suit arises on sum up of the liquid manure spreading operations of a lifesize dairy farm recruit in western stark naked York * * *. [T]he flake proceeded to jury trial. * * * Following a jury verdict in plaintiffs favor on five CWA violations and the state legality misdemeanor claim, the United States District Court for the Western District of New York, David Larimer, Judge, granted judgment to the defendants as a matter of law on the five CWA violations. * * * The court left standing the verdict and damages of $4,101 on the trespass count. * * *
The appeal by plaintiffs involves altogether the five CWA violations and raises anew the question what is a point credit in spite of appearance the meaning of CWA § 502(14), a question this court touched(p) upon in United States v. Plaza Health Labs * * *. The appeal to a fault concerns whether the liquid manure spreading operations fell within the agricultural stormwater discharges exception to point source discharges under the Act. CWA § 502(14).
We immediately hold that the liquid manure spreading operations ar a point source within the meaning of CWA § 502(14) because the farm itself falls within the definition of a concentrated beast feeding operation (CAFO) and is not subject to the agricultural exemption.




Plaintiffs, who have in mind to themselves collectively as Concerned Area Residents For the Environment ( lot), are a group of land owners who live around Southview Farms, a dairy farm in the town of Castile, in Wyoming County, New York. Defendants are the farm itself, and Richard H. Popp, an individual. Southview Farm is one of the largest dairy farms in the State of New York. It employs twenty-eight full-time and ix part-time employees. As of 1992, it owned 1,100 crop acres and had an living creature population of 1,290 interrogative sentence of mature cows with over 900 head of young cattle, heifers and calves, making a total of 2,200 animals.
Unlike unstylish dairy farms, Southviews operations...If you want to get a full essay, coiffure it on our website: Ordercustompaper.com



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