Posted May 9, 2014
Maryland has joined the appeal involving the U.S. Environmental Protection Agency’s (EPA’s) plan to clean up the Chesapeake Bay watershed, filing an amicus curiae brief in support of the EPA’s Total Maximum Daily Load (TMDL) for nitrogen, phosphorus, and sediment, according to an article by the Associated Press available here. The Star Democrat also reported on the story here.
In his brief, Maryland Attorney General Douglas Gansler argues that the cleanup effort is making progress and should not be affected by states with no interest in the Chesapeake Bay and its watershed. Delaware and the District of Columbia also supported this position, signing onto the brief. Virginia submitted a separate brief in support of the EPA’s position. A press release from Attorney General Gansler’s office is available here.
“This lawsuit attacks our efforts to restore the health of the Chesapeake Bay and strengthen its crucial economic value,” Gansler said. “Maryland must preserve its partnership with an effective EPA to safeguard our environment and sustain the thousands of jobs supported by the bay.”
In the lawsuit, American Farm Bureau Federation, et al. v. U.S. Environmental Protection Agency, U.S. District Court Judge Sylvia Rambo ruled that the EPA can enforce TMDL nutrient standards on six states and Washington D.C. The text of the opinion is available here.
The American Farm Bureau Federation (AFBF) appealed the ruling to the U.S. Court of Appeals for the Third Circuit. Since the appeal, 21 other states have filed amicus briefs in support of the AFBF’s position.
AFBF President Bob Stallman called the EPA action “a remarkable power grab.”
West Virginia originally agreed to the EPA’s plan, but now opposes the cleanup effort. Twenty other states have also filed briefs opposing the plan including, Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas, Utah, and Wyoming.
For more information on the Clean Water Act, please visit the National Agricultural Law Center’s website here.
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