Farm Bureaus: Don't Dismiss EPA Lawsuit In W.Va.

Farmer, Feds, Clash Over Poultry Manure

Posted: March 18, 2013

ELKINS, W.Va. — The U.S. Environmental Protection Agency wants a judge to dismiss a West Virginia chicken grower's lawsuit over water-pollution orders the agency issued against her then withdrew in December.

But Eight is Enough farm operator Lois Alt is joining with the West Virginia and American Farm Bureaus in trying to keep the case alive.

The EPA says Alt's challenge to new rules aimed at cleaning up the Chesapeake Bay watershed is moot because it withdrew violation orders and proposed fines against her.

But Alt contends the underlying issues still must be addressed because they could affect chicken farmers nationwide.

U.S. District Judge John Preston Bailey has given Alt and the bureaus until March 30 to formally respond.

A motion by U.S. Attorney William Ihlenfeld says they have indicated they oppose dismissal.