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The Court of Appeals of Washington – Division 2 (“Court”) addressed in a June 29th Decision a challenge to the Washington Department of Ecology’s (“WDE”) Concentrated Animal Feeding Operation (“CAFO”) Waste Discharge General Permit (state only) and Combined National Pollutant Discharge Elimination System (“NPDES”) and State Waste Discharge General CAFO Permit (combined permit). See Washington State Dairy Federation, et al. v. State of Washington Department of Ecology, 2021 WL 2660024. Puget Soundkeeper Alliance and other organizations (collectively “Puget Soundkeeper”) appealed the Washington Pollution Control Hearing Board’s (“Board”) Order approving the previously referenced CAFO Permits. Most states are authorized to issue Clean Water Act NPDES Permits. Washington is one of such states. Consequently, the operator of a CAFO in an authorized state requests permit coverage from the appropriate state agency.

Environmental protection agencyDistrict of columbiaUnited statesUs environmental protection agencyPuget soundkeeper allianceWashington department of ecologyWashington state dairy federationSee washington state dairy federationWashington farm bureauNational pollutant discharge elimination systemWashington departmentConcentrated animal feeding operationWaste discharge general permitState waste discharge generalSoundkeeper allianceWashington pollution control hearing board