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Aurora, CO – Following oral arguments in early May, the Larimer County District Court rejected the Center for Biological Diversity and Food & Water Watch’s appeal. It affirmed, again, the Colorado Department of Public Health and Environment’s (CDPHE) director’s decision from April 2024 to uphold the existing Concentrated Animal Feeding Operation (CAFO) General Permit, which meets Colorado’s groundwater protection requirements. CDPHE and the Colorado Livestock Association (CLA) were both named as defendants in the case.

“Colorado’s General Permitting system sets one of the highest standards nationwide in environmental stewardship and protection. This decision was the right result for livestock-raising families in Colorado and preserves a permitting system that protects our state’s natural resources while maintaining economic viability for Colorado’s agriculture industry for generations to come,” stated Kory Kessinger, CLA President.

History

In June 2022, the Center for Biological Diversity, Food & Water Watch, and the University of Denver Sturm Law Clinic challenged the statewide general water pollution permit for CAFOs. Based on the petitioners’ assertions, the administrative law judge issued an opinion stating that additional liners and groundwater testing wells are needed. The basis for the petition was a court decision vacating EPA’s CAFO permit program in Idaho due to inadequate monitoring. 

The Colorado Livestock Association (CLA) Board of Directors engaged legal counsel and filed for party status to protect Colorado’s General CAFO permit. There was an attempt to settle the dispute with permit language that was even more protective of water sources, but the environmental activists did not accept the offer.

In April 2024, the Executive Director of the Colorado Department of Public Health and Environment accepted the Colorado Livestock Association’s appeal and reversed the initial decision by the Administrative Law Judge, reaffirming the validity of the General Permit for Concentrated Animal Feeding Operations (CAFOs).

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