K&W DairyCase Information:
Clean Air Act citizen suit against large proposed dairy for failing to obtain a permit to construct under Idaho air quality rules. Because the dairy’s waste lagoons, manure piles, and barns would emit large amounts of ammonia, hydrogen sulfide, and particulates, it was required to obtain an air permit — but the dairy and Idaho regulators both claimed no permit was required of dairies.
The district court rejected the dairy’s motion to dismiss, agreeing with us that a Clean Air Act permit was required before the dairy could be constructed. See Idaho Conservation League v. Boer, 362 F.Supp.2d 1211 (D. Idaho 2004). After that ruling, a settlement was negotiated with the dairy industry and Idaho regulators to develop new air quality permitting rules for major dairies in Idaho, which are now in place and require new large dairies to limit or control their air emissions.