A recent case should have a significant impact on Concentrated Animal Feeding Operations ("CAFOs") in Indiana and in the United States. In Waterkeeper Alliance, Inc. et al. v. United States Environmental Protection Agency, 2005 WL 453139 (2nd Cir. 2005), the Second Circuit Court of Appeals reviewed the EPA’s recent amendments to its CAFO rule. See 40 C.F.R. Parts 9, 122, 123, and 412 (the "Rule"). The Rule was challenged by two groups of petitioners with opposing views: the Waterkeeper Alliance, the Sierra Club, and the National Resources Defense Council (the "Environmental Petitioners") and American Farm Bureau Federation, the National Chicken Council, and the National Pork Producers Council (the "Farm Petitioners").

The EPA’s CAFO Rule was promulgated pursuant to the federal Clean Water Act....

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