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6 Stan. J. Animal L. & Pol'y 1 (2013)

handle is hein.journals/stanilpo6 and id is 1 raw text is: Hoover                           Stanford Journal of Animal Law & Policy Vol. 6
(2013)
4               STANFORD
Journal of Animal Law and Policy
Volume 6                                                            2013
Can't You Smell That Smell?
Clean Air Act Fixes for Factory Farm Air Pollution
By J. Nicholas Hoover*
Massive facilities that keep large numbers of livestock have overtaken small,
independent farms as the primary source of meat, eggs, and dairy in the United
States. These concentrated animal feeding operations (CAFOs) compare more
to industrial manufacturing operations than to traditional farms, and emit huge
quantities of air pollutants that are harmful to public health, sickening people and
damaging the environment. The Environmental Protection Agency (EPA)
possesses statutorily provided tools under the Clean Air Act that it uses to
regulate other polluting industries. However, this article - after reviewing the
rise of CAFOs, examining the threats they pose, and surveying current regulation
-suggests that the EPA's approach to CAFOs is grossly inadequate. The article
argues that the agency, under the Clean Air Act, should regulate the emissions of
hydrogen sulfide and ammonia, two pollutants for which factory farms are major
sources. This approach is incomplete, however. Pollutant-based regulation is
both overbroad in that it will regulate other sources of these pollutants and
underbroad because CAFO air pollution includes more than just these pollutants.
The EPA should therefore additionally or alternatively rely on a more thorough
andflexible pollution source-specif ic tool, the New Source Performance
Standards (NSPS'). NSPS are analogous to the rigorous source-specific
approach used to regulate CAFO water pollution under the Clean Water Act, and
will provide a comprehensive antidote to the ills of modern, industrial animal
agriculture.
Introduction            ...............................................2
I. The Factory Farm Industry and its Environmental Costs ....    .........4
A. CAFO Culture          ........................................4
B. The Sources, Extent, and Effects of Factory Farm Air
Pollution          ................................... .........5
II. The Weaknesses of Current Factory Farm Regulation Under the Clean
A ir  A c t ............................ ................................ ........................................ .........9
A. Factory Farm Regulation Under the Clean Air Act:
In  T h e o ry   .......................................................................................1....... 1 0
B. Factory Farm Regulation Under the Clean Air Act:
In  Practice                                           ........... 12

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