Dakota Rural Action v. USDA
A coalition of groups representing family farmers, sustainable agriculture advocates and concerned citizens throughout the country filed suit against the United States Department of Agriculture. The suit aims to stop a USDA policy allowing industrial agriculture facilities to set up operations in communities without undergoing any review of their impact on local families or providing any notice of their planned operations to neighbors in the impacted areas.
The USDA’s rule change, adopted in 2016 by its Farm Service Agency, grants exemptions from the usual process of notice, comment and oversight in cases where the government is providing taxpayer-subsidized loans to Concentrated Animal Feeding Operations (CAFOs) considered “medium-sized” by the USDA. Such facilities are authorized to hold nearly 125,000 chickens, 55,000 turkeys, 2,500 pigs, 1,000 beef cattle, or 700 dairy cows. By failing to review the financing for these facilities under the National Environmental Policy Act (NEPA), the Trump Administration has helped cloak their planned operations in secrecy, preventing rural communities from obtaining information regarding the impact of these operations on local air and water quality. In so doing, the Administration promotes factory farms over family farms.
The lawsuit alleges that both the rulemaking process, and the final rule now being implemented by the Trump Administration, violate NEPA and the Administrative Procedure Act by failing to provide adequate notice of the proposed rule change and refusing to clarify why medium-sized CAFOs should be provided this special treatment and automatically exempt. Between the rule’s implementation in August 2016 and December 2017, the government allowed 40 such operations in four Arkansas counties alone with no public comment or environmental assessment. During the same time frame, eight such operations in Iowa, housing nearly 20,000 pigs and generating as much untreated sewage as a town of 200,000 residents, were also allowed to escape any assessment or comment period.
Animal Legal Defense Fund, Association of Irritated Residents, Citizens Action Coalition, Iowa Citizens for Community Improvement, the Institute for Agriculture and Trade Policy, and Food & Water Watch are represented by ALDF, Public Justice, and Food & Water Watch.
Dakota Rural Action and White River Waterkeeper are represented by Public Justice and Food & Water Watch.
- NEPA Amended Complaint (BriefComplaint)
- Dakota Rural Action Plaintiffs' Motion for Summary Judgment (BriefMotion for Summary Judgment)
- Dakota Rural Action Brief in Support of Plaintiffs' Motion for Summary Judgment (BriefMotion for Summary Judgment)
- Dakota Rural Action Ex. A to Motion for Summary Judgment: California's Methane Super-Emitters (BriefMotion for Summary Judgment)
- Dakota Rural Action Plaintiffs' Reply in support of Motion for Summary Judgment (BriefMotion for Summary Judgment)