Colorado Governor Jared Polis and his administration are back in court today defending against claims they failed to protect Colorado waters and public health from factory farm pollution.

After a Colorado district court ruled in 2024 current regulations for operating permits were sufficient to comply with the federal Clean Water Act, conservation groups appealed.

Emily Miller, staff attorney for the advocacy group Food and Water Watch, a plaintiff in the case, said the main problem is factory farms are operating as sewer-less cities.

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"They store vast quantities of untreated waste that is not just manure. It is filled with pollutants, including harmful nitrates, bacteria, heavy metals, antibiotics and hormones that are fed to the animals," Miller outlined.

Each year, 1 million cattle in Colorado factory farms produce some 34 billion pounds of manure, according to an analysis of U.S. Department of Agriculture data, more than four times the amount produced by the state’s human residents. Miller pointed out the amount of untreated waste is so large, surrounding croplands cannot absorb the pollutants and they can leak into groundwater or run off into nearby waterways.

The state agency charged with regulating factory farms argued monitoring for leaks was unnecessary because there was no evidence manure pits leak.

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Miller noted monitoring is not optional for permits issued to industrial-scale polluters under the Clean Water Act. She argued the Colorado Department of Public Health and Environment’s “see-no-evil” approach to regulating the industry is at odds with its responsibility to protect public health.

"The way in which they are operating with this factory farm pollution discharge permit does the opposite. It protects industry over people," Miller contended.

The Colorado Livestock Association, which joined the state in the case, said Colorado’s permitting system sets one of the highest standards in the nation for environmental stewardship and protection. Miller countered unless regulators monitor pollution levels, Coloradans will never know if or how much factory farms are compromising their drinking water.