PRINTNewsroom Links
News Release Archive Video Newsline Focus on Agriculture The Ag Agenda State Roundup FBlog Fast Facts Media Contacts Media Mailing List Pres. Bob Stallman’s Bio
Newsline is updated every Monday and Thursday at 5:00 P.M. Eastern!
July 23, 2012
AFBF Asks to Join Farmer's Lawsuit Against EPA
For more information on Newsline, contact: Johnna Miller, Director of Media Development, American Farm Bureau Federation johnnam@fb.org
The American Farm Bureau Federation has filed a motion to intervene in the case of a West Virginia poultry farmer who is suing the Environmental Protection Agency. Lois Alt is challenging an EPA order to obtain what is called a discharge permit under the Clean Water Act.
| Miller: | The American Farm Bureau Federation has filed a motion to intervene in the case of a West Virginia poultry farmer who is suing the Environmental Protection Agency. Lois Alt is challenging an EPA order to obtain what is called a discharge permit under the Clean Water Act. |
| Alt: | I told the inspector that if there was something we were doing wrong, let us know and we’ll correct it and never have heard what we could do to make any corrections or anything. The only thing I’ve ever heard is just get the permit. |
| Miller: | American Farm Bureau General Counsel Ellen Steen has been to the Alt farm and points out that it is so well run it has won environmental stewardship awards. Farm Bureau has filed to join Alt in the case, because it has national ramifications. |
| Steen: | She’s a poultry grower in West Virginia, but the issues that are raised in her lawsuit are national issues that affect all livestock and poultry sectors nationwide. What this lawsuit is about is essentially how much power EPA has to sweep into the federal Clean Water Act permitting system livestock and poultry operations. We want to help make this a positive case that will generate positive law to help other livestock and poultry operations nationwide that face these kinds of EPA inspections and enforcement efforts. |
| Miller: | Alt believes that, as one of the larger poultry farms in her state, if she’s intimidated into applying for a permit most other West Virginia poultry farmers will feel compelled to do the same. |
| Alt: | In the order it states very clearly that a fine or penalty of $37,500 per day for each day that you’re out of compliance for not applying for the permit. $37,500 is a large sum of money I felt that was very, very intimidating. And other farmers around heard about it and they all commented to me, “Lois, aren’t you worried? What are you going to do? You would have to mortgage your farm, you’d lose your farm, what you’re fighting for.” |
| Miller: | But Alt decided she feels so strongly that EPA is overstepping, that she’s willing to take that risk. Steen says if the courts don’t agree, it will be a blow to all livestock and poultry farmers. |
| Steen: | A farm is a farm. It’s not a laboratory. And EPA has come up with a interpretation of the federal Clean Water Act that would say basically if you’re a farm you’re going to be regulated if you have enough animals. |
| Miller: | Johnna Miller, Washington. |
| Miller: | We have one extra actuality with AFBF General Counsel Ellen Steen. In that extra actuality she talks about the situation facing the Alts. The cut runs 35 seconds, in 3-2-1. |
| Steen: | An EPA inspector came out to her farm and looked around her poultry operation and said, “We see some dust on the ground in your farm yard. We see a little dollop of litter over here outside your houses. Things that would exist on the ground at any farm where animals are raised and they said because we see this dust on the ground or this dollop of litter on the ground, we think the runoff from your farm yard is a regulated Clean Water Act discharge.” That is we think a bizarre interpretation of the Clean Water Act. |
| Miller: | Newsline is updated Mondays and Thursdays by 5pm Eastern time. Thank you for listening. |