The Environmental Protection Agency’s Total Maximum Daily Load regulation (TMDL) for the Chesapeake Bay watershed establishes new controls on land use that trespass into territory Congress legally reserved for state governments, according to the opening brief for summary judgment, filed Friday, Jan. 27 by the American Farm Bureau Federation in the case, “AFBF vs. EPA.”

The TMDL will impact all economic activity in the watershed with potentially devastating impacts for agriculture within the watershed, according to AFBF.

“We all want a clean and healthy Chesapeake Bay,” said AFBF President Bob Stallman. “This lawsuit is about how we reach that common goal. Farm Bureau believes EPA’s new regulation is unlawful and costly without providing the environmental benefit promised. Farmers in the watershed have clearly delivered a documented track record of continuous improvement, through conservation and sound stewardship and will continue their dedicated efforts.”