Farm Bureau Federation to Appeal Federal Court TMDL Decision

As previously reported on Conduit Street, a federal court recently decided on a legal challenge brought by the American Farm Bureau Federation and others and upheld the ability of the United States Environmental Protection Agency (EPA) to implement the Chesapeake Bay Total Maximum Daily Load (TMDL).  An October 8 Baltimore Sun article reports that the Federation and other plaintiffs plan to appeal the court’s decision.

Lawyers for the American Farm Bureau Federation, the Pennsylvania Farm Bureau, and other groups representing fertilizer manufacturers, pork, poultry and corn growers and home builders filed a notice of appeal Monday in federal district court in Harrisburg, Pa.  …

Bob Stallman, president of the farm bureau federation, said the case had been “wrongly decided” and contended it has “dangerous implications” nationwide for farmers and many others.  He accused the EPA of engaging in a ” remarkable power grab.”

“This case isn’t about whether or not to protect the Chesapeake Bay – we all share that goal,” he said in a statement announcing the appeal. “This case is about whether EPA can dictate where farming will be allowed, where homes can be built and where businesses can be established.”

October 8 Capital-Gazette coverage includes the response of the Chesapeake Bay Foundation, which supported the EPA in the case.

Chesapeake Bay Foundation attorney Jon Mueller said the farm lobby’s position takes matters too far.

“The Farm Bureau has contended that Judge Rambo’s ruling gives EPA the right to stop farmers from farming. That is patently false,” Mueller said.

October 8 Associated Press Coverage in the Wall Street Journal

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