- Ag Docket
(defendants, dairies, handled cow manure by converting it to compost and selling it, applying it as fertilizer to fields, and storing in lagoons until land application could be made; plaintiffs, environmental activist groups, claimed that manure constituted solid waste regulable under RCRA as being applied ("discarded") to farm fields at rates above acceptable agronomic rates and leaking from lagoons; defendants motioned for summary judgment, but court denied motion on basis that plaintiff's complaint contained well-plead allegations that defendants over-applied and improperly applied manure to fields and allowed it to leak from lagoons in manner that constituted a "discarding" of the manure which triggered RCRA "solid waste" provisions; court noted other courts providing framework for determining when reused material is "discarded" - Safe Air for Everyone v. Meyer, 373 F.3d 1035 (9th Cir. 2004) and Ecological Rights Foundation v. Pacific Gas & Electric Co., 713 F.3d 502 (9th Cir. 2013); court also noted Water Keeper Alliance, Inc. v. Smithfield Foods, Inc, No. 4:01-LV-27-H(3), 2001 U.S. Dist. LEXIS 21314 (E.D. N.C. Sept. 20, 2001) where court refused to dismiss RCRA claim that manure applied to fields at cattle feedlots were a solid waste).
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