Snake River Waterkeeper v. J.R. Simplot Company et al
Public Justice co-represents Snake River Waterkeeper (SRW) in a lawsuit challenging decades of pollution into the Snake River at an Idaho cattle feedlot.
Simplot’s Grand View feedlot is one of the largest Concentrated Animal Feeding Operations (CAFO) in the country. On a typical day, the feedlot is home to a minimum of 65,000 cattle—enough to generate at least 5 million pounds of manure per day. This untreated waste—along with the hormones, antibiotics and pathogens contained within—contributes significantly to the pollution of the Snake River and its tributaries through runoff and over-application of manure to area crop fields.
The federal Clean Water Act requires that companies obtain a National Pollutant Discharge Elimination System (NPDES) permit for any facility discharging pollutants into a public waterway like the Snake River. Without a permit, discharges violate federal water quality standards and can trigger fines of up to $66,000 per day, per violation.
Simplot has been operating its Grand View CAFO without an NPDES permit for decades. Despite being warned in 2012 by the U.S. Environmental Protection Agency that its discharges were unlawful under the CWA, Simplot failed to comply with federal law and secure an NPDES permit.
Over a six-year period, SRW’s team conducted extensive water quality sampling in the Snake River in several locations downstream of the feedlot. Their data clearly shows the Grand View feedlot routinely discharges waste that contains (among other pathogens and pollutants) very high levels of fecal coliform and E. Coli bacteria — all of which end up in surface and drinking water. SRW filed a Clean Water Act lawsuit in May 2023
Simplot filed a motion to dismiss the case in July 2023, arguing that SRW “failed to describe exactly where, when, and how such alleged illicit discharges occur” and that its claims against the facility were vague and insufficient. The court’s ruling denies Simplot’s motion.
A lawsuit challenging decades of unlawful pollution discharges into the Snake River at a Grand View, Idaho cattle feedlot will move forward following a decision by a federal court judge.
In June 2024, Idaho Chief District Judge David C. Nye upheld the Clean Water Act (CWA) lawsuit. filed in May 2023 against J.R. Simplot Company and Simplot Livestock Company (Simplot) in the United States District Court for the District of Idaho by environmental advocacy group Snake River Waterkeeper (SRW).
Simplot filed a motion to dismiss the case in July 2023, arguing that SRW “failed to describe exactly where, when, and how such alleged illicit discharges occur” and that its claims against the facility were vague and insufficient. The court’s ruling denies Simplot’s motion.
Federal law under the CWA requires that companies obtain a National Pollutant Discharge Elimination System (NPDES) permit for any facility discharging pollutants into a public waterway. Without a permit, discharges violate federal water quality standards and can trigger fines of up to $66,000 per day, per violation.
Simplot has been operating its Grand View Concentrated Animal Feeding Operation (CAFO) without an NPDES permit for decades. Despite being warned in 2012 by the U.S. Environmental Protection Agency that its discharges were unlawful under the CWA, Simplot failed to come into compliance with federal law and obtain an NPDES permit.
Simplot’s feedlot is one of the largest CAFOs in the country, with a holding capacity of up to 150,000 head of cattle. On a typical day, the feedlot is home to a minimum of 65,000 cattle—enough to generate at least 5 million pounds of manure per day. This untreated waste—along with the hormones, antibiotics and pathogens contained within—contributes significantly to the pollution of the Snake River and its tributaries through runoff and over-application of manure to area crop fields.
Over a six-year period, SRW’s team conducted extensive water quality sampling in the Snake River at the Ted Trueblood Wildlife Management Area and other locations downstream of the feedlot. The data clearly shows the Grand View feedlot routinely discharges waste that contains (among other pathogens and pollutants) extremely high levels of fecal coliform and E. Coli bacteria, as well as high levels of nitrate and suspended solids — all of which end up in surface and drinking water.
“Idaho and federal regulators are once again caught sleeping at the wheel, allowing the largest CAFO in Idaho and one of the biggest in the United States to discharge manure pollution into the imperiled Snake River without environmental oversight,” said Public Justice Senior Attorney Dan Snyder, who is assisting with the case. “Only when groups like Snake River Waterkeeper get involved does meaningful change occur. We look forward to defending the Snake River from Simplot’s pollution and securing Defendant’s future compliance with the Act.”
Snake River Waterkeeper is also represented in this suit by the Law Offices of Charles M. Tebbutt , Public Justice, and Advocates for the West. Visit www.snakeriverwaterkeeper.org for more information on this case.
