WV Farm Bureau Magazine March 2016 | Page 9

Supreme Court Refuses to Hear Chesapeake Bay Case

On Monday , February 29 , the Supreme Court of the United States declined to take up a challenge by the American Farm Bureau Federation to stop the EPA ’ s Chesapeake Bay plan .
American Farm Bureau argued the EPA was overstepping its authority under the Clean Water Act , and was usurping states ’ rights in the process , opening the door for a massive expansion of power . 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 .
The decision by the Supreme Court allows an earlier decision by U . S . District Court judge Sylvia Rambo to stand .
Farm Bureau believes EPA will now follow suit in other watersheds across the nation , including the Mississippi watershed .
In a statement released by AFBF , President Zippy Duvall said : “ We , of course , are disappointed by the Supreme Court ’ s decision not to examine the lawfulness of EPA ’ s Chesapeake Bay ‘ blueprint .’ EPA has asserted the power to sit as a federal zoning board , dictating which land can be farmed and where homes , roads and schools can be built . We remain firm in opposing this unlawful expansion of EPA ’ s power . We will closely 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 .
“ Farmers are justifiably proud of their successes in reducing agriculture ’ s impact on water quality in the Chesapeake Bay , and they remain committed to further improvements . We will continue to support state and local programs to improve agriculture ’ s environmental performance , and we will continue to oppose EPA overreach .”
Farm Bureau believes the ruling “ locks in ” decisions made in 2010 and deprives state and local governments of the ability to adapt their plans to take account of changes in societal needs , developing technologies , or new information , thus preventing them from exercising their own judgment about the best and most efficient ways to achieve the goals for the Bay .
Implementation of the blueprint is expected to cost roughly $ 28 billion to $ 30 billion in Maryland and Virginia alone .
West Virginia Farm Bureau News 9