Non-point Source Pollution Gets Judge’s Nod

April 7, 2000

Farm groups and the Clinton Administration both took comfort in Federal District Judge William Alsup’s ruling that the Environmental Protection Agency and the states have the authority to identify waterways polluted from agriculture, timber harvesting and urban areas – so-called non-point sources – and prescribe the maximum amount of pollutants that may enter the waterways. The American Farm Bureau Federation, one of several groups bringing the suit, says the ruling reaffirms the plaintiffs’ position that EPA cannot directly implement non-point regulations or force states to do so.

EPA Administrator Carol Browner said the "important decision allows us to build on our successes of completing the task of cleaning our nation’s waters." Lois Schiffer, assistant attorney general for the environment division of the Justice Department, said the court "has affirmed a strong tool; for restoring America’s rivers and cleaning up pollution, regardless of its source."

But while Alsup ruled EPA had the authority to include non-point sources under the total maximum daily load (TMDL) initiative, TMDLs should be considered only advisory to the states, the AFBF said. The ruling "reaffirms" the AFBF’s position that EPA cannot directly implement non-point regulations or force states to do so, AFBF added in a statement on the decision.

"This ruling will keep regulatory authority over non-point sources at the state level where it belongs and where Congress intended it to be," said AFBF President Bob Stallman. "The court’s recognition of EPA’s admitted regulatory limits inserts some common sense into this long-running debate."