WV Farm Bureau Magazine November 2013 | Page 2

bytes Alts, Farm Bureau Victorious in Lawsuit Against Environmental Protection Agency The U.S. District Court for the Northern District of West Virginia has ruled in favor of Lois Alt in her lawsuit against the Environmental Protection Agency. Alt, operator of Eight is Enough Farm in Old Fields, filed suit against the EPA in 2012, following an EPA visit to her poultry operation in Hardy County. The EPA claimed that under the Clean Water Act, a National Pollutant Discharge Elimination System (NPDES) permit was required for stormwater runoff from her farm, because it came in contact with dust, feathers or tiny bits of manure on the ground. Alt, who has been recognized numerous times by Pilgrim’s Pride for her environmental stewardship, contended it was a normal occurrence in farming, and that agricultural stormwater is exempt from permitting under the Clean Water Act. She was 2 West Virginia Farm Bureau News threatened by the EPA with fines of up to $37,500 per day if she did not obtain a permit. West Virginia Farm Bureau and the American Farm Bureau Federation were granted intervenor status in the case, believing that any decision rendered would be felt across agriculture. In April of this year, the federal court rejected efforts by EPA to avoid defending its position by withdrawing the order against Alt. In opposing EPA’s motion to dismiss, Alt and Farm Bureau argued that farmers remained vulnerable to similar EPA orders, and the important legal issue at stake should be resolved. The court agreed. In his decision handed down October 23, Judge John Preston Bailey wrote, “This Court declares that the litter and manure which is washed from the Alt farmyard… by a precipitation event is an agricultural stormwater discharge…thereby rendering it exempt from the NPDES permit requirement of the Clean Water Act.” “This is not only a victory for the Alts, but for farmers everywhere,” said Steve Butler, West Virginia Farm Bureau administrator. “Lois Alt stood her ground because she knew she was right, and she knew it was the right thing to do, not just for herself, but for all farmers.” Farm and Dairy editor Susan Crowell wrote that all farmers should send Alt a thank-you note. “It could’ve been your farm,” she said. Articles for NewsBytes must be submitted by the 15th of the month prior to publication. Time-sensitive announcements must be submitted no less than 8 weeks prior to the date of the event. Electronic submissions, including photos, are preferred. Send to [email protected].