National Pork Producers Council, et al. v. United States Environmental Protection Agency, et al., 635 F.3d 738 (5th Cir. 2011)

(EPA regulations implementing the CWA's oversight of CAFOs (i.e., the 2008 Rule) that require CAFOs proposing to discharge "pollutants" into navigable waters vacated; as are provisions that create liability for CAFOs that fail to apply for NPDES permit; but, provisions of 2008 Rule allowing regulation of permitted CAFO's land application and including such requirements in CAFO's NDPES permit upheld).