From our private database of 35,600+ case briefs...
Concerned Area Residents for the Environment v. Southview Farm
United States Court of Appeals for the Second Circuit
34 F.3d 114 (1994)
Southview Farms (Southview) (defendant) was a dairy farm in Castile, New York. Southview was one of the largest dairy farms in New York. Southview did not use the traditional method of a manure spreader to disperse manure but instead performed manure operations using storage lagoons and liquid cow manure. There were five storage lagoons. One four-acre manure-storage lagoon had a capacity of approximately six to eight million gallons of liquid cow manure. Southview distributed the liquid manure with spreaders on its fields. Concerned Area Residents for the Environment (CARE) were a group of landowners who lived near the Southview Farm. On July 13, 1989, members of CARE witnessed liquid manure collect in a swale, flow to a ditch, and ultimately flow into the Genesee River. The members tracked the liquid manure spreading to a field where, the day before, July 12, 1989, they observed Southview vehicles spreading a heavy application of manure onto a field that led to the same swale. The members observed the spreading occur again on August 22, 1989. On September 26, 1990, after manure had been applied to the field, members observed manure flowing off the end of the field and into a drainage pipe. This happened again on April 15, 1991, when heavy manure was applied to the field and members observed brown water running off the field after a rain. CARE brought suit in district court and alleged that Southview’s manure operations had resulted in Clean Water Act (CWA) violations. After a trial, a jury returned a verdict in favor of CARE for the five CWA violations. Southview moved for a judgment as a matter of law (JMOL), which was granted by the district court. CARE appealed.
Rule of Law
Holding and Reasoning (Oakes, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 620,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 620,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,600 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.