Hardy Co. chicken farm defeats EPA in lawsuit over stormwater permit

John O’Brien
The West Virginia Record

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ELKINS – A federal judge has ruled for a Hardy County chicken farm in its fight against the Environmental Protection Agency.

The EPA wanted Lois Alt, owner of Eight is Enough Farm, to apply for a Clean Water Act permit because of litter and manure washed from her farm by rain. U.S. District Court Judge John Preston Bailey ruled Oct. 23 that she didn’t need to do so.

Bailey issued the ruling despite the EPA withdrawing its demand that Alt apply for a CWA permit after she sued it in federal court. Bailey said the decision would benefit thousands of farmers.

“It appears to be a central assumption of the EPA’s position that the agricultural stormwater discharge exemption had no meaning whatsoever from the time the exemption was added to the statute in 1987 until the EPA promulgated its new regulations in 2003,” Bailey’s ruling says.

“This is an assumption that this Court simply cannot accept.”…


The article continues at The West Virginia Record.

H/T Don Surber


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