In the Matter of REICHMANN LAND AND CATTLE, LLP

OPINION

ANDERSON, Justice.

The question presented by this case is whether a farm must obtain federal or state pollution discharge permits for using fields as cropland in the summer and as an animal feeding site during the winter. We conclude that the winter feeding facility managed by respondent/cross-appellant Reichmann Land and Cattle, LLP (“Reich-mann”) is not an “animal feeding operation,” as defined by 40 C.F.R. § 122.23(b)(1) (2014), and therefore Reich-mann need not obtain a national-pollutant-discharge-elimination-system permit (“NPDES permit”). We also conclude that because Reichmann…