“The ecological and economic importance of the Chesapeake Bay is well documented….And yet, nutrient pollution and sedimentation remain a critical concern.” So says Judge Sylvia H. Rambo, U.S. District Court judge in Pennsylvania.
Judge Rambo, in a 99-page opinion filed on September 13, 2013, challenged and dismissed the arguments of the American Farm Bureau on behalf of farmers saying “the court concludes that the framework established by the bay partnership in developing the bay TMDL is consistent with the provisions of the CWA (Clean Water Act) and APA (Administrative Procedures Act).”
Judge Rambo’s decision changes the playing field for American agriculture.
The opinion says that the court must give deference to EPA’s unlimited interpretation of its power pursuant to the CWA. EPA is able to use scientific models which apparently have major flaws and is excused for using those models. EPA can work for years on a proposed regulation and only give farmers 45 days to comment. And to add insult to injury, EPA does not have to make an effort to ensure that all documents are in the file to review before issuing a new regulation which is law.
Read the rest of this post on Gary’s FarmFutures.com Blog – Defending Agriculture.