Texas Commission on Environmental Quality v. City of Waco

Dairies that feed large numbers of cattle for extended periods in confined areas are termed “concentrated animal feeding operations” (CAFOs). Because these operations often impact their environment, they generally must obtain water-quality permits from the Texas Commission on Environmental Quality (the “TCEQ” or “Commission”). These permits are designed to control the waste produced at such facilities and through regulation prevent it from polluting nearby water sources.

When a CAFO applies for a permit, interested parties may object to the proposed permit during a comment period. These…