In addition, the movants include the Board of Commissioners of Lucas County, which is the governing body of a county in northwestern Ohio on the banks of Lake Erie, which works to protect water quality for all its residents. [...] Consequently, amici are well qualified and can draw upon their members’ 6 Case: 23-2146, 03/04/2024, DktEntry: 23.1, Page 4 of 49 and residents’ experiences living in communities with CAFOs and their expertise in water quality and civil rights laws to inform the Court about the public health and environmental justice implications of this case. [...] i Case: 23-2146, 03/04/2024, DktEntry: 23.1, Page 9 of 49 The California-Hawaii State Conference of the National Association for the Advancement of Colored People is a non-profit organization with no parent corporation. [...] 29 viii Case: 23-2146, 03/04/2024, DktEntry: 23.1, Page 16 of 49 IDENTITY AND INTERESTS OF AMICI1 Environmental Justice Community Action Network; Rural Empowerment Association for Community Help; the North Carolina, Georgia, Alabama, California-Hawaii, and Alaska-Oregon-Washington Area State Conferences of the National Association for the Advancement of Colored People; the National Association for. [...] The Board of Commissioners of Lucas County is the governing body of a county in northwestern Ohio on the banks of Lake Erie, which works to protect water quality for all its residents.
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- 49
- Published in
- United States of America
Table of Contents
- IN THE UNITED STATES COURT OF APPEALS 1
- FOR THE NINTH CIRCUIT 1
- MOTION FOR LEAVE TO FILE BRIEF OF AMICI CURIAE ENVIRONMENTAL JUSTICE PROPONENTS IN SUPPORT OF PETITIONERS FOOD & WATER WATCH, ET AL. 1
- MOVANTS’ INTERESTS 2
- REASONS WHY AN AMICUS BRIEF WILL ASSIST THE COURT 4
- FWW v EPA Amicus - Updated Draft MDC - TOA.pdf -1
- DISCLOSURE STATEMENT 8
- TABLE OF CONTENTS 12
- IDENTITY AND INTERESTS OF AMICI0F 16
- INTRODUCTION AND BACKGROUND 18
- ARGUMENT 20
- I. CAFOs Disproportionately Harm Already Overburdened Communities. 20
- A. CAFOs Produce Massive Quantities of Waste. 20
- B. CAFOs Harm Human Health, Community Cohesion, and Rural Economies. 22
- 1. Poisoned drinking water 23
- 2. Contaminated fish 28
- 3. Unsafe recreation 30
- 4. Dirty air and disrupted ways of life 30
- 5. Economic distress 31
- C. CAFOs Disproportionately Harm Communities of Color, Low-Wealth Communities, and Other Overburdened Groups. 33
- 1. Discriminatory siting 33
- 2. Cumulative pollution 36
- D. The Livestock Industry Wields Immense Political Power and Uses That Power to Its Advantage. 38
- II. EPA Must Regulate CAFOs to Protect Water Quality and Further Environmental Justice. 40
- A. EPA Has Long Been Aware of CAFOs’ Impacts on the Environment and on Overburdened Communities. 40
- B. The Clean Water Act Requires EPA to Protect Water Quality by Effectively Regulating CAFOs. 42
- C. EPA Has an Obligation to Regulate CAFOs to Minimize Environmental Injustice. 45
- CONCLUSION 47
- CERTIFICATE OF SERVICE 48
- CERTIFICATE OF COMPLIANCE 49
