In February, 21 state’s attorneys general filed an amicus brief on behalf of the American Farm Bureau Federation in an attempt to intervene in the U.S Environmental Protection Agency’s (EPA) cleanup of the Chesapeake Bay.
The Farm Bureau argues that the EPA is overstepping its authority by regulating the amount of pollutants from individual polluters—including byproducts of agricultural production such as nitrogen and phosphorus—that flow into the bay, instead of just setting a total maximum daily load (TMDL) and then allowing states to determine how it would be divided among them.
Although all but one of the 21 signers of the brief does not border the Chesapeake Bay, they argue that allowing the EPA to regulate the individual polluters could set a legal precedent for it to do the same for any contaminated water body across the U.S., thus usurping states’ rights.
Do you think that the EPA should have regulating authority over individual polluters, or should there simply be a TMDL by which states must abide collectively? Let us know your opinion by emailing [email protected].
