Posted March 5, 2014
Florida, Texas, Alaska and 18 other states recently filed an amicus brief on behalf of the American Farm Bureau Federation (AFBF) in its case against the U.S. Environmental Protection Agency (EPA) involving the Chesapeake Bay, according to an article by MSNBC available here. Fox News also reported on the story here. The amicus brief is available here.
In September 2013, U.S. District Court Judge, Sylvia Rambo, ruled that the EPA can enforce Total Maximum Daily Load (TMDL) nutrient standards on six states and Washington D.C., which have waters flowing into the Chesapeake Bay. The text of the opinion is available here.
The amicus brief, which was signed by 18 Republican and three Democrat attorneys general, follows the AFBF’s argument that the decision is a local decision that should be made by local governments.
All but one of the 21 states filing the amicus brief do not border the Chesapeake Bay, but say the case has broader, national implications. “If this TMDL is left to stand, other watersheds…could be next,” according to the amicus brief.
Maryland Governor Martin O’Malley disagreed, directing the state’s attorney general to file an amicus brief supporting the EPA’s position.
For more information on the Clean Water Act, please visit the National Agricultural Law Center’s website here.
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