The American Farm Bureau Federation (AFBF) and a coalition of agricultural and builder groups have asked the U.S. Supreme Court to stop the Environmental Protection Agency’s (EPA) micromanagement of local land use and development decisions. This news release from AFBF says the groups are asking the court to review a lower court ruling that allows the EPA overstep under the guise of implementing the federal Clean Water Act.
The lawsuit arose in the context of EPA’s so-called “blueprint” for restoring the Chesapeake Bay, but Farm Bureau points out that the issue at stake is national in scope.
“It’s about whether EPA has the power to override local decisions on what land can be farmed, where homes can be built, and where schools, hospitals, roads and communities can be developed,” said AFBF President Bob Stallman. “This is nothing less than federal super-zoning authority. As much as we all support the goal of achieving a healthy Chesapeake Bay, we have to fight this particular process for getting there.”
Twenty-one states, 39 members of Congress and a group of counties within the Bay watershed supported AFBF’s legal challenge in the lower courts.
“We certainly hope for even more support in asking for Supreme Court review,” said AFBF General Counsel Ellen Steen. “There has been a lot of attention to EPA’s recent rule expanding its jurisdiction under the Clean Water Act. EPA’s overreach in the Bay ‘blueprint’ is just as aggressive, and its impact on communities and businesses is just as dramatic. From the beginning, this was designed as a model that would be followed around the country.”