Don't Step In It: D.C. Circuit Vacates Manure-Related Notification Exemptions Under CERCLA And EPCRA

On April 11, 2017, the Court of Appeals for the D.C. Circuit, in Waterkeeper Alliance, et al., v. EPA,¹ vacated a 2008 EPA rule that exempted farms from certain hazardous substance reporting requirements (the "2008 Rule"). The 2008 Rule exempted farms from the requirement under Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") to notify the National Response Center following a release of a hazardous substance in excess of a threshold amount (the "reportable quantity") set by EPA. The 2008 Rule also exempted farms, except for those qualifying as large concentrated animal feeding operations ("CAFOs"), from the obligation under the Emergency Planning and Community Right-to-Know Act ("EPCRA") to notify state and local authorities whenever extremely hazardous substances are released into the environment. The Court found that the 2008 Rule could not be considered a reasonable interpretation of a statutory ambiguity or a