The Potentially Sweeping Effects Of EPA's Chesapeake Plan

Law360, New York ( February 12, 2016, 12:09 PM EST) -- The U.S. Environmental Protection Agency's Chesapeake Bay "Total Maximum Daily Load" (TMDL) regulation under the Clean Water Act prescribes limits on sources of nutrients (nitrogen and phosphorus) and sediment across the 64,000-square-mile Chesapeake Bay watershed (which includes portions of Maryland, Virginia, West Virginia, Delaware, Pennsylvania, New York, and the Washington, D.C.). The American Farm Bureau Federation has filed a petition for certiorari with the U.S. Supreme Court challenging the Third Circuit's decision upholding the EPA's statutory authority to include certain pollution limits, deadlines and other mandates on states as part of its Chesapeake Bay TMDL....

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