United States DC Circuit

In case involving animal feeding operations producing eggs, broiler chickens, turkeys, dairy, and swine that emit certain pollutants from animal housing structures and manure, petition for review challenging agreements between respondent and the AFOs as disguised enforcement actions and that respondent failed to follow procedures and exceeded its authority is dismissed as exercises of respondent's enforcement discretion are not reviewable by the court of appeals.

Appellate Information

• Argued 05/14/2007
• Decided 07/17/2007
• Published 07/17/2007

Judges

• Before:  SENTELLE, ROGERS and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Brent J. Newell argued the cause for petitioners.   With him on the briefs were Patrick Gallagher and Angel M. Latterell.  David G. Bookbinder entered an appearance.


• For Appellees:
  
• Norman L. Rave, Jr., Attorney, U.S. Department of Justice, argued the cause for respondent.   With him on the brief was Carol S. Holmes, Counsel, Environmental Protection Agency., Richard E. Schwartz and Kirsten L. Nathanson were on the brief for intervenors in support of respondents.