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Supreme Court Declines Chesapeake Bay Review

Cindy Zimmerman

gavelThere will be no Supreme Court review of the Environmental Protection Agency’s total maximum daily load (TMDL) restrictions in the Chesapeake Bay region, referred to as EPA’s “blueprint” for restoring the bay.

The American Farm Bureau Federation and a coalition of agricultural and builder groups asked the Supreme Court last November to review a lower court ruling that “allows the Environmental Protection Agency to micromanage local land use and development decisions under the guise of implementing the federal Clean Water Act.” AFBF president Zippy Duvall says they will continue to monitor the agency’s actions in connection with the Bay blueprint, as well as any efforts to impose similar mandates in other areas. “This lawsuit has ended, but the larger battle over the scope of EPA’s power is not over,” said Duvall.

National Corn Growers Association President Chip Bowling, who farms on the Chesapeake Bay watershed in southern Maryland, says the court decision has national implications. “The EPA has consistently pushed the legal limits of the Clean Water Act, with the Chesapeake Bay blueprint and the Waters of the U.S. (WOTUS) rule being two of the most recent examples,” said Bowling. “When Congress passed the Clean Water Act, their intention was to create balanced, practical policies to protect America’s water resources with a clear division of power between states and the federal government. In both of these cases, the EPA’s actions represent an unlawful expansion of their authority. That’s why we joined this petition on the Chesapeake Bay TMDL, and we are party to a lawsuit challenging the WOTUS rule,” he added.

AFBF, Corn, EPA, NCGA