The Environmental Protection Agency’s Total Maximum Daily Load regulation for the Chesapeake Bay watershed is under-fire from the American Farm Bureau Federation. According to the opening brief for summary judgment, filed by AFBF in the case, “AFBF vs. EPA.”, Farm Bureau states the regulation – establishes new controls on land use that trespass into territory Congress legally reserved for state governments. The brief points out that TMDL proposals are “informational tools” under the Clean Water Act. But, in this action, EPA’s final TMDL goes far beyond traditional and lawful scope and authority.

Farm Bureau says – the TMDL will impact all economic activity in the watershed with potentially devastating impacts for agriculture within the watershed. AFBF President Bob Stallman says – we all want a clean and healthy Chesapeake Bay. This lawsuit is about how we reach that common goal. Farm Bureau believes EPA’s new regulation is unlawful and costly without providing the environmental benefit promised.

According to Farm Bureau, farmers in the watershed have clearly delivered a documented track record of continuous improvement, through conservation and sound stewardship and will continue their dedicated efforts. The TMDL dictates how much nitrogen, phosphorous and sediment can be allowed into the Bay and its tributaries from different areas and sources.

Coutesy: NAFB News