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Poultry producer wins EPA lawsuit

A West Virginia poultry farmer has won the lawsuit she brought against the Environmental Protection Agency.  A federal court ruled in Lois Alt’s favor – agreeing that regular storm water from her farm is exempt from the National Pollutant Discharge Elimination System Permit (NPDES) requirements.

The American Farm Bureau Federation (AFBF) applauds the ruling. The EPA had threatened Alt with more than $37-thousand in fines for each day she failed to apply for a NPDES permit.”

The AFBF and the West Virginia Farm Bureau had intervened in her lawsuit. AFBF president Bob Stallman says the ruling “will benefit thousands of livestock and poultry farmers who run their operations responsibly.”

The U.S. Poultry & Egg Association issued a news release saying “Judge John Preston Bailey confirmed the areas in between the poultry houses are not part of those areas clearly defined in the CAFO rule as the production area.”  Association president John Starkey said “We are pleased that Ms. Alt’s legal uncertainty has been resolved in her favor by a common sense ruling that is consistent with a clear understanding of the Clean Water Act, the intent of congress and recent legal precedent established in the Waterkeeper case.”

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