Alt, et al. v. United States Environmental Protection Agency, No. 2:12-CV-42, 2013 U.S. Dist. LEXIS 65093 (W.D. W. Va. Apr. 22, 2013)

(defendant, issued order that plaintiff obtain NPDES permit for stormwater discharges from plaintiff's poultry CAFO operation; defendant claimed that regulable discharge occurs when dust, feathers and dander which are released through ventilation fans are contacted by precipitation; defendant claimed that such discharges were not within the exemption for "agricultural stormwater discharges" because such exemption inapplicable to CAFOs other than for "land application areas" where crops grown; plaintiff threatened with fines of $37,500 for each occurrence and separate fines of $37,500 per day for failure to apply for NPDES permit; in response to plaintiff's lawsuit challenging defendant's position, defendant withdrew its order and motioned to dismiss case; court refused to dismiss case on basis that defendant had not changed its regulatory position against other farmers, noting that proceeding on the merits would benefit all parties by clarifying extent of CWA discharge permit liability and whether NPDES permit required for ordinary precipitation from typical farmyard; various environmental activist groups also allowed to intervene on defendant's behalf).