On January 27, 2012, AFBF filed its motion and memorandum in support of summary judgment in the United States District Court for the Middle District of Pennsylvania. In a complaint filed January 3, 2011, AFBF seeks the Court to overturn the EPA Final Total Maximum Daily Load (TMDL) set for the Chesapeake Bay Basin states and district. The TMDL sets a total pollution cap on nitrogen, phosphorous and sediment discharges throughout the affected region.
AFBF makes three primary arguments: (1) EPA unlawfully exceeded its Clean Water Act authority by establishing mandatory watershed-wide implementation plans upon subjected jurisdictions; (2) EPA violated the Administrative Procedure Act by restricting public access to critical information during the public comment period; and, (3) EPA engaged in arbitrary and capricious rulemaking. AFBF asserts these arguments justify the nullification of the EPA Final TMDL.
Written by Justin Ritter, Research Fellow
February 1, 2012