Agriculture and homebuilder groups “appear headed for the U.S. Supreme Court” in their opposition to the EPA’s “pollution diet” for the Chesapeake Bay, the largest estuary in North America, says the Newport News (Va) Daily Press. The groups have asked for an additional 32 days, or until Nov. 6, to decide whether to appeal to the Supreme Court after losing at the appellate level.
An official at the American Farm Bureau Federation said an appeal was likely but that there was no firm decision yet: “Where we’re concerned is, we want the agency [EPA] to live within the authority that Congress granted it.” The Chesapeake Bay Foundation said it was disappointed but not surprised by the potential appeal.
The case began in 2010, following the EPA’s release of the “pollution diet,” with targets for reductions of nutrient and sediment runoff from six states and the District of Columbia. Each state was told to develop its own plan to meet the goals.