PA Environment Digest

The president of the American Farm Bureau Federation announced plans to file a lawsuit against the U.S. Environmental Protection Agency over the recently-released Chesapeake Bay TMDL. The Pennsylvania Farm Bureau later announced it would join the Federation in the lawsuit.

“EPA likes to call the new regulations a pollution diet, but this diet threatens to starve agriculture out of the entire 64,000 square-mile Chesapeake Bay watershed, and this new approach will not end with the bay," said Bob Stallman, president of the American Farm Bureau Federation. "EPA has already revealed its plan to take similar action in other watersheds across the nation, including the Mississippi River watershed."

Stallman said the Bay TMDL is part of a litany of EPA regulations, from water and dust, to greenhouse gases and endangered species, that has put agriculture in the cross hairs, at the very time agriculture’s environmental footprint is shrinking and productivity is on the rise, he asserted.

AFBF and PFB assert that the EPA exceeded its authority under the Clean Water Act to establish the TMDL and that the science used by EPA to create the model used to develop the TMDL is flawed.

The Clean Water Act requires a process that allows states, not EPA, to decide how to improve water quality and take into account the economic and social impacts on businesses and communities in the states.

“EPA’s action with the TMDL is an example of an excessive overreach by the federal agency. Aside from exceeding its authority, EPA has failed to account for many best management practices that significantly reduce runoff into Pennsylvania streams and the Chesapeake Bay. By ignoring the real amount of no-till farming and cover crops used by Pennsylvania farmers, EPA’s model underestimates the on-the-ground action taken by farmers and overestimates the amount of nitrogen, phosphorous and sediment coming from farms,” said PFB President Carl T. Shaffer.

The PA Farm Bureau emphasized that the lawsuit is not about reducing agriculture’s commitment to help restore the Chesapeake Bay, rather it’s about challenging EPA’s actions and attitude of having unlimited powers.

“Farmers have already played a major role in helping to improve water in Pennsylvania that flows into the Bay and will continue to do so regardless of the outcome of the lawsuit. In addition, farmers are working with the state Department of Environmental Protection on measures to enhance efforts to reduce runoff from farmland,” added Shaffer.

AFBF and PFB noted that EPA also violated the Administrative Procedures Act by failing to provide adequate time for the public to comment on its plan.

“The public had very little time to comment on such a complex, yet incomplete plan, even though it could have a devastating impact on communities within the Bay Watershed. The action could be especially troublesome for publicly-embraced traditional family farms, which continually face the challenge of economic viability due to tight profit margins,” concluded Shaffer.

Reaction

In reaction to the announcement, the Chesapeake Bay Foundation issued this statement--

“The Chesapeake Bay Foundation is extremely disappointed that the Farm Bureau has chosen to sue EPA rather than work together to help address pressing water pollution problems in the Chesapeake Bay, identified by Presidents from Ronald Reagan to Barack Obama as a national treasure.

“This action by the Federation is not pro-farming action but anti-clean water. The TMDL process has been underway for years, considered agricultural interests repeatedly, and reflected changes due to their concerns. The choice to sue at this point is but another disappointing example of the Farm Bureau’s role as a high-powered lobbying group intent on misrepresenting the facts and frustrating the process of cleaning up the Bay and its rivers, contrary to the wishes of many of its members."

Matt Ehrhart, CBF Pennsylvania Executive Director added, “Many of the agricultural improvements identified in the Pennsylvania Watershed Implementation Plan involve moving farmers toward compliance with existing state water quality laws. Pennsylvania has approximately 40,000 farms in the Bay watershed, but only about half are fully compliant. The Bay TMDL is a positive step forward for farmers that will bring everyone into compliance, create a level field, and encourage profitability by improved farm management, conservation, and innovation.”

CBF went on to say--

“CBF has repeatedly reached out to the farming community to address areas of mutual interest. Clean water is important to farmers, their families, and their livestock. Litigation will be long and costly for all involved and will likely do nothing but frustrate progress – perhaps the Farm Bureau’s real intent, in spite of rhetoric saying they support clean water.

“Many farmers have embraced practices that will address water pollution. They, along with sportsmen and sportswomen, see benefits to local streams and their own well water, as well as the Bay downstream. Furthermore, many of these practices also improve the farm’s bottom line.

“Reducing pollution to meet the Bay’s pollution diet will require all to do their part. The Farm Bureau argues that the TMDL is inequitable; however their lawsuit is an attempt to evade their responsibility and shift additional obligations to reduce pollution to sewage treatment plant ratepayers and urban and suburban jurisdictions.

“Perhaps the Farm Bureau sees a need to fight government for some internal political reason. Perhaps this has nothing to do with good agronomic practices. If so, that is truly a sad statement about the self appointed leadership of a sector of society which calls itself the original environmentalists.

“CBF will review the pleading and consider intervening in the case.”

NewsClips: Chesapeake Bay Plan Could Ruin Farmers Group Says

Farm Bureau Plans To Sue EPA On Chesapeake Bay TMDL
Farm Bureau Sues EPA Over Chesapeake Bay Cleanup

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