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Farm Bureau, NCGA appeal decision on EPA in Chesapeake

The American Farm Bureau Federation and the National Corn Growers Association said today they have filed an appeal of the recent court decision that held the Clean Water Act gives the Environmental Protection Agency jurisdiction over cleanup in the Chesapeake Bay watershed.

“This is a wrongly decided case that has dangerous implications for farmers and many others in the Chesapeake Bay area and nationwide,” said AFBF President Bob Stallman.

“This case isn’t about whether or not to protect the Chesapeake Bay – we all share that goal. This case is about whether EPA can dictate where farming will be allowed, where homes can be built, and where businesses can be established. By taking over decisions like that, EPA has turned the whole concept of cooperative federalism out the barn door.”

“Win or lose on appeal, farmers and ranchers will continue their dedicated efforts on the farm to improve water quality and the natural environment,” said Stallman. “In the meantime, AFBF will continue to oppose what we see as a remarkable power grab.”

NCGA said the groups had filed the appeal Monday in the Third Circuit Court of Appeals.

EPA had calculated the Total Maximum Daily Load (TMDL) of pollutants that the bay receive and ordered a cleanup.

“We continue to believe the policies and science behind Chesapeake Bay TMDL are wrong and that it goes beyond the scope of Clean Water Act authority,” NCGA President Martin Barbre said in a news release.

“We hope the Third Circuit Court of Appeals will reconsider these arguments and ultimately provide state and local jurisdiction more flexibility to work with agriculture in meeting water quality goals.”