In 2013, Federal Judge Sylvia Rambo rejected the arguments made by big agricultural and developers' lobby groups that the Environmental Protection Agency (EPA) had exceeded its authority when it developed the Chesapeake Bay TMDL (Total Maximum Daily Load), or pollution diet, in 2010. These same deep-pocketed lobby groups appealed this decision -- and lost again.
On Monday, the U.S. Court of Appeals for the Third Circuit affirmed
Judge Rambo’s decision and ruled that the Bay TMDL is fully authorized by the
Clean Water Act. This victory makes it clear that Pennsylvania and the other
Bay states should continue -- even accelerate -- the work they have done to reduce
water pollution.
Pennsylvania has thousands of miles of polluted streams and rivers
where residents cannot fish or swim or enjoy the economic and environmental
benefits of clean water. After two failed legal challenges, we can only hope
that more time and money won’t be wasted on legal challenges as there’s a
lot of work to be done and money could be better spent on outreach and
education, technical assistance to farmers, and implementation of conservation
practices.
PennFuture,
along with other environmental groups, was an intervener in both cases.
Jen Quinn is central Pennsylvania outreach coordinator for PennFuture and is based in Harrisburg. She tweets @QuinnJen1.
Jen Quinn is central Pennsylvania outreach coordinator for PennFuture and is based in Harrisburg. She tweets @QuinnJen1.
