Goodlatte files amicus brief in Chesapeake Bay case
June 20, 2014 | 04:15 PM
House Judiciary Committee Chairman Bob Goodlatte, R-Va., today filed an amicus brief in the case of American Farm Bureau Federation, et al. v. United States Environmental Protection Agency, et al. over the EPA’s regulations on the Chesapeake Bay, which is before the U.S. Court of Appeals for the Third Circuit.
The amicus brief is signed by 39 bipartisan members of Congress in support of Farm Bureau’s position and urges the court to acknowledge that the congressional intent of the Clean Water Act is to reserve the rights of states to implement water quality goals as related to EPA's proposed Total Maximum Daily Load (TMDL).
“EPA’s power grab surrounding the Chesapeake Bay TMDL sets a dangerous precedent by usurping authority delegated to the states in the Clean Water Act simply because the agency disagrees with a state’s decision on implementation,” Goodlatte said in a news release.
"The District Court wrongly left this power grab unchecked. As the EPA continues to ignore the intent of Congress and the framework of the law, it is necessary to weigh-in on the Appeals Court’s proceedings and highlight where the EPA has violated the law and infringed upon states’ rights.”
“I have heard first-hand from municipalities, farmers, home builders, and many others in the Chesapeake Bay Watershed who are concerned about the costs of overregulation worsened by the EPA’s measures,” Goodlatte added.
“States and communities need more flexibility in meeting water quality goals in order to help restore and protect our natural resources.” he said. “I urge the court to follow congressional intent and reserve these decisions for the states. The EPA does not have the legal authority to micromanage states’ water quality goals.”
▪ Brief of 39 Bipartisan Members of Congress and Washington Legal Foundation as Amici Curiae in Support of Appellants, Urging Reversal
The amicus brief is signed by 39 bipartisan members of Congress in support of Farm Bureau’s position and urges the court to acknowledge that the congressional intent of the Clean Water Act is to reserve the rights of states to implement water quality goals as related to EPA's proposed Total Maximum Daily Load (TMDL).
“EPA’s power grab surrounding the Chesapeake Bay TMDL sets a dangerous precedent by usurping authority delegated to the states in the Clean Water Act simply because the agency disagrees with a state’s decision on implementation,” Goodlatte said in a news release.
"The District Court wrongly left this power grab unchecked. As the EPA continues to ignore the intent of Congress and the framework of the law, it is necessary to weigh-in on the Appeals Court’s proceedings and highlight where the EPA has violated the law and infringed upon states’ rights.”
“I have heard first-hand from municipalities, farmers, home builders, and many others in the Chesapeake Bay Watershed who are concerned about the costs of overregulation worsened by the EPA’s measures,” Goodlatte added.
“States and communities need more flexibility in meeting water quality goals in order to help restore and protect our natural resources.” he said. “I urge the court to follow congressional intent and reserve these decisions for the states. The EPA does not have the legal authority to micromanage states’ water quality goals.”
▪ Brief of 39 Bipartisan Members of Congress and Washington Legal Foundation as Amici Curiae in Support of Appellants, Urging Reversal
