According to National Pork Producer Council officials, the association, along iwth other agriculture groups filed a friend-of-the-court brief in the U.S. Supreme Court on Friday, Dec. 2.

At the core is a suit that could limit pork producers’ ability to use manure and water on their farms. At issue in the case, Rapanos, et. al. v. United States of America and Carabell, et. al. v. United States Army Corps of Engineers, et. al., is whether a Clean Water Act provision that prohibits unpermitted discharges to “navigable waters” includes any and all nonnavigable waters with any “hydrologic connection” to navigable waters.

NPPC officials argue that the Clean Water Act cannot reasonably be interpreted to authorize the regulation of discharges to any and all ditches, drainage ways or wetlands with any hydrological connection to navigable waters. “Navigable waters” are properly limited to waters that are or could be navigable or waters that abut and are “inseparably bound up” with such navigable waters, argues NPPC officials. 

National Pork Producers Council.