Appeal filed in Alt Lawsuit – December 23, 2013
The Environmental Protection Agency and the environmental intervenors filed an appeal in the Lois Alt lawsuit on Friday, Dec. 20. The issue of Clean Water Act permit requirements for farmyard rainwater will now go to the U.S. Court of Appeals for the Fourth Circuit.
The U.S. District Court for the Northern District of West Virginia ruled in October that contrary to EPA’s contention, ordinary stormwater from Alt’s farmyard is exempt from federal Clean Water Act permit requirements.
Alt filed suit against EPA in June 2012 after the agency threatened her with $37,500 in fines each time stormwater came into contact with dust, feathers or small amounts of manure on the ground outside of her poultry houses as a result of normal farm operations. EPA also threatened separate fines of $37,500 per day if Alt failed to apply for a NPDES permit for such stormwater discharges. AFBF and the West Virginia Farm Bureau intervened alongside Alt as co-plaintiffs to help resolve the issue for the benefit of other poultry and livestock farmers.