Commonwealth of Kentucky, et al. v. Sharp, et al., No. 2009-CA-002283-MR, 2012 Ky. App. LEXIS 189 (Ky. Ct. App. May 25, 2012)

(plaintiffs appeal trial court decision involving no-discharge operational permits issued to nine farmers engaged in contract hog production; permits issued for manure storage pits; adoption of Waterkeeper decision for regulatory definition of CAFO improper because KY water pollution statue broader than CWA on issue of whether direct discharge into water required to trigger permit application; trial court erred in determining that permits necessary - if and when runoff occurs, judicial recourse will be available; farmers are parties with responsibility for day-to-day operations and trial court finding reversed on this issue; each permit need not include an individualized evaluation of potential for emission of air pollutants - trial court reversed on this issue; setback issue affirmed).