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Abstract

Industrial agriculture dominates the U.S. agricultural industry. On land, animals are stuffed into factory-like facilities, called concentrated animal feeding operations (“CAFOs”), where they are raised to maximize the output of food products. In the process, they produce vast amounts of waste, contaminating surrounding air and water resources. Increasingly, factory farms are making their way into the water as the fishing industry shifts from wild-catch systems to aquaculture operations, or the raising of fish for consumption. While aquaculture has the potential to be a more sustainable option than both wild-catch and animal agriculture, concentrated aquatic animal production facilities (“CAAPFs”) also have the capability to cause environmental harm similar to their land-based counterparts. This Note will focus on the water pollution caused by CAFOs and CAAPFs. It will examine past approaches to address the problem with CAFOs through litigation under the Clean Water Act (“CWA”) and analyze why CWA litigation is not enough to prevent pollution from CAFOs. It will then describe some cases against CAAPFs, pointing out the similarities to CAFO cases and arguing that before advocates begin relying principally on litigation, they should fight for a more robust aquaculture statute instead. The Note will discuss the National Aquaculture Act of 1980 and the current aquaculture regime, explaining the complexities and difficulties with this structure. It will conclude with suggestions for a better statutory regime, learning from what CAFO regulations lack to help the aquaculture industry develop as a truly sustainable and economical food source that can sustain the U.S. population for years to come.

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