Authored By: Rob Mohr
Idaho Chief District Court Judge David Nye denied a motion of dismissal from JR Simplot Company in June of 2024, paving the way for a suit against the company’s Great View cattle feedlot to go to trial. Public Justice, the Snake River Waterkeeper (SRW), an environmental lawyer, and Advocates for the West joined forces to litigate against the company over the pollution created by the feedlot’s 65,000-plus daily stock of cattle.
Feedlots are the final destination for cattle before slaughter. They are sent to feedlots and fattened up by a combination of grain-based feed and reduced movement compared to grazing, in a process known as finishing. In addition to boosting fat content, the grain feed also improves the flavor of the beef. Cattle are kept on a feedlot for as little as 90 days or as long as 300 days until they meet the desired fat level and are then marketed for slaughter.
Under the Clean Water Act, companies that discharge pollution into a public waterway, like the Snake River, are required to register a National Pollutant Discharge Elimination System (NPDES) permit. JR Simplot does not have an NPDES permit and was warned by the EPA in 2012 to acquire one. Fines for violating this Federal law can be as much as $66,000 per day.
Simplot’s motion for dismissal claimed that water quality testing performed by SRW “failed to describe exactly where, when, and how such alleged illicit discharges occur.” Over the course of six years, SRW surveyed water downstream from the feedlot and found high levels of E. Coli and fecal coliform. In addition to the bacterial runoff, SRW also noted that the approximately five million pounds of manure the cattle generated each day by the cattle contributed to over-application in area crop fields.
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