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.
