The case, Alt v. EPA, involves a debate about discharges from Lois Alt's farm in Old Fields, W.Va., in the ridges and valleys of the Eastern Panhandle, and whether they should be protected by a Clean Water Act exemption for agricultural stormwater, Peterka writes.
The debate began in June 2012 when EPA ordered Alt to get a Clean Water Act permit for the stormwater thought to be coming from her farm or pay a civil penalty of up to $37,500 per day. She argued that a permit isn't required for agricultural stormwater, but EPA said that exemption only applied to "areas where manure, litter or process wastewater has specifically been applied in accordance with the nutrient management practices, not to areas where they may have inadvertently accumulated during livestock operations," Peterka writes.
An appeal seems likely. Peterka writes, "In a statement, EPA said it and the Department of Justice 'are reviewing the court's decision'."