FEDERAL JUDGE HEARS ARGUMENTS IN CHESAPEAKE BAY TMDL CASE

OCTOBER 2012

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(Posted Fri. Oct 5th, 2012)

Oct. 5: The U.S. District Court for the Middle District of Pennsylvania heard oral arguments Thursday in the case of American Farm Bureau v. EPA.  The case challenges the Environmental Protection Agency's Total Maximum Daily Load for nitrogen, phosphorus and sediment in the Chesapeake Bay. The National Corn Growers Association joined the suit last year with the American Farm Bureau Federation and other agricultural organizations.

 

“This lawsuit is extremely important to America’s farmers because the outcome could affect EPA’s future handling of water quality regulations throughout the country,” NCGA First Vice President Martin Barbre said.  “As farmers, we are stewards of the land who are committed to preserving water quality.  However, we expect that EPA’s regulations should be reasonable and follow the guidelines established by Congress.”  

 

Throughout the day, three main arguments were outlined by the farm groups’ attorneys.  First, the Chesapeake Bay TMDL goes beyond the scope of Clean Water Act authority by assigning pollutant loading allocations among individual sources. Second, the science used by the Agency is flawed and the regulatory process lacked transparency.  Finally, the TMDL was enacted without providing adequate time and information for compliance under the Administrative Procedure Act.

 

A ruling date on the case is not known, but due to the complexity of the arguments, the judge clearly stated that a decision is not imminent.  Once a ruling has been made it will be posted online.