WV Farm Bureau Magazine October 2014 | Page 2
bytes
EPA, Environmental
Intervenors Withdraw
Appeal of Alt Case
Comment Period on
Waters of U.S. Issue
Extended Again
The EPA’s decision not to appeal a key federal
ruling in favor of West Virginia farmer Lois Alt
highlights the cynicism that drives the agency’s water
agenda, says the American Farm Bureau.
The Environmental Protection Agency and
U.S. Army Corps of Engineers have extended the
comment period on the proposed Waters of the
U.S. rule to Nov. 14.
The U.S. Court for the Northern District of West
Virginia earlier ruled against EPA and in favor of
farmer Lois Alt in October 2013. The court rejected
EPA’s contention that the Clean Water Act regulates
ordinary stormwater runoff from the farmyard (nonproduction areas) at large livestock or poultry farms.
In an email sent to reporters about the
extension, EPA indicated its Scientific Advisory
Board is wrapping up a report on the connectivity
of small bodies of water such as streams and
wetlands. Moving the deadline to Nov. 14 will give
the public more time to comment on the results
of the report once it is released, according to the
agency.
AFBF General Counsel Ellen Steen said: “By
dropping its appeal, EPA presumably hopes to avoid
a loss in the appellate court. EPA appears to be saying
it will continue to enforce its position against other
farmers, even though it’s not willing to defend that
position in court.”
Added AFBF President Bob Stallman, “For most
of us, standing firm doesn’t mean walking away just
because you are afraid you won’t like the outcome.
EPA might call that smart and strategic, but I call
it cynical and cowardly. Lois Alt should be proud
of her environmental stewardship and her courage
in standing up to EPA. She won an important court
victory that will benefit many others, and we are
proud to have supported her efforts.”
Weigh in and tell the EPA you oppose the rule
today at http://ditchtherule.fb.org/#filter=.action,
or call the WVFB office at 800-398-4630 x. 306
and we’ll send you an information packet.
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