Goodlatte Files Amicus Brief on Chesapeake Bay Case
House Judiciary Committee Chairman Bob Goodlatte (R-Va.) filed an amicus brief today in the case of American Farm Bureau Federation, et al. v. United States Environmental Protection Agency, et al., which is currently before the U.S. Court of Appeals for the Third Circuit. The amicus brief, signed by 39 bipartisan Members of Congress, is in support of the American Farm Bureau Federation’s position and urges the Court to acknowledge the congressional intent of the Clean Water Act to reserve the rights of states to implement water quality goals as related to the Environmental Protection Agency’s (EPA) proposed Total Maximum Daily Load (TMDL). Click here for a PDF copy of the brief.
Chairman Goodlatte: “EPA’s power grab surrounding the Chesapeake Bay TMDL sets a dangerous precedent by usurping authority delegated to the states in the Clean Water Act simply because the agency disagrees with a state’s decision on implementation. The District Court wrongly left this power grab unchecked. As the EPA continues to ignore the intent of Congress and the framework of the law, it is necessary to weigh-in on the Appeals Court’s proceedings and highlight where the EPA has violated the law and infringed upon states’ rights.
“I have heard first-hand from municipalities, farmers, home builders, and many others in the Chesapeake Bay Watershed who are concerned about the costs of overregulation worsened by the EPA’s measures. States and communities need more flexibility in meeting water quality goals in order to help restore and protect our natural resources. I urge the Court to follow congressional intent and reserve these decisions for the states. The EPA does not have the legal authority to micromanage states’ water quality goals.”
Additional Information: An amicus brief, or “friend of the court” brief, can be filed in order to address concerns and advise the Court on a matter of law that directly affects the case at hand. In addition to Chairman Goodlatte, 38 Members of the United States House of Representatives and Senate signed on in support of this bipartisan brief. The full list of congressional amici curiae includes: Reps. Robert Aderholt (R-Ala.), Lou Barletta (R-Pa.), Joe Barton (R-Texas), Marsha Blackburn (R-Tenn.), Kevin Brady (R-Texas), Chris Collins (R-N.Y.), Doug Collins (R-Ga.), Scott DesJarlais (R-Tenn.), Jeff Duncan (R-S.C.), John Fleming (R-La.), Bob Gibbs (R-Ohio), Louie Gohmert (R-Texas), Sam Graves (R-Mo.), H. Morgan Griffith (R-Va.), Brett Guthrie (R-Ky.), Andy Harris (R-Md.), Vicky Hartzler (R-Mo.), Tim Huelskamp (R-Kan.), Robert Hurt (R-Va.), Billy Long (R-Mo.), Frank Lucas (R-Okla.), Blaine Luetkemeyer (R-Mo.), Tom Massie (R-Ky.), David McKinley (R-W.Va.), Randy Neugebauer (R-Texas), Collin Peterson (D-Minn.), Scott Perry (R-Pa.), Robert Pittenger (R-N.C.), Mike Pompeo (R-Kan.), Todd Rokita (R-In.), Dennis Ross (R-Fla.), Kurt Schrader (D-Ore.), Bill Shuster (R-Pa.), Adrian Smith (R-Ne.), Scott Tipton (R-Colo.), and Glenn Thompson (R-Pa.) as well as Senators Pat Toomey (R-Pa.) and David Vitter (R-La.).