MORGANTOWN, W.Va. (AP) — A federal judge says the U.S. Environmental Protection Agency has no legal right to force a West Virginia chicken farmer to obtain pollution permits for runoff from her Hardy County farm.
U.S. District Judge John Preston Bailey ruled Wednesday that the runoff entering the Chesapeake Bay watershed from Lois Alt's Eight is Enough farm is stormwater and therefore not subject to regulation under the Clean Water Act.
The EPA withdrew threatened fines against Alt and had offered to dismiss the case.
The American and West Virginia Farm Bureaus joined Alt in keeping it alive because of the implications for poultry growers throughout the region.
The farm bureaus called EPA's attempt to require Alt and a Virginia farmer to seek permits an illegal overreach of authority.
EPA officials didn't immediately comment.