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The Fifth Circuit Court of Appeals recently delivered a major victory to factory farms. Under a 2008 EPA rule, any confined animal feeding operation (CAFO) “designed, constructed, operated, and maintained in a manner such that the CAFO will discharge” animal waste must apply for a National Pollutant Discharge Elimination System (NPDES) permit under the Clean Water Act. The livestock industry ridiculed the notion that a farm must apply for a permit to discharge manure whether it intended to discharge it or not. And while, when phrased that way, it might sound ridiculous to you too, the details of the case betray a different story.

David Kirby, author of Animal Factory, The Looming Threat of Industrial Pig, Dairy, and Poultry Farms to Humans and the Environment, tells story after story in his book of factory farms discharging waste irresponsibly — sometimes on purpose, and sometimes not. As Karen Hudson, whose story is told in the book, says, “Factory farms are dangerous to the environment; they are ticking time bombs of manure just waiting to be spilled into public waters.”

The simple fact is that factory farms produce over 100 times more waste than all American humans produce combined. In the past, a pastured cow might disperse waste over an acre or more; how can farmers responsibly deal with the waste of 1,000, 5,000, or even 10,000 or more animals when they are crammed in tightly together? And, unfortunately for the farmers, they are often working under contract for major meat or dairy conglomerates who own the animals and leave the farmer with a tiny profit margin (or none at all) — plus all of the liability, dead animals and manure. Therefore, in addition to simply disposing of manure responsibly, they also need to dispose of it cheaply if they are to stay in business.