Chesapeake Bay Foundation Files Suit Against Virginia

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Kudos to the Chesapeake Bay Foundation (CBF) for moving ahead on a major water quality issue in Virginia. This week CBF filed suit against Virginia’s Department of Environment Quality (DEQ) and the State Water Control Board over failure to enforce state regulations for livestock farmers.

One of the management practices Virginia has said it will implement to reduce water pollution in the Chesapeake Bay watershed is making sure all farmers keep their livestock out of streams and rivers through the use of fences and stream buffers. CBF has found that many Virginia livestock farmers are not implementing these management practices. This is thanks to the Virginia Pollution Abatement Permit, approved last year by the DEQ and the Water Control Board for a ten-year period. This permit does not require the state’s largest livestock farms (cattle, pig, poultry) to fence and buffer streams to which the livestock have access.

CBF’s challenge to the DEQ and the State Water Control Board, should it be upheld in court, will improve a flawed permitting process, ensure that Virginia does its part to reduce water pollution, and ultimately improve the health of the Chesapeake Bay.

Fencing off streams and rivers from livestock reduces water quality issues in the tributaries and mainstem of the Chesapeake Bay. When livestock have wading access to bodies of water, they are able to pollute streams and rivers with their waste, adding to the nitrogen and phosphorus runoff that enters the Bay. Livestock also erode stream banks, depositing sediment directly into the water, which makes its way downstream and eventually reaches the Bay.

By allowing farms to give their livestock access to streams and rivers, the DEQ and State Water Control Board are not enforcing the State Water Control Law, which calls for a reduction and prevention of water pollution. Furthermore, by not enforcing regulations that curb nitrogen, phosphorous and sediment runoff from agriculture, Virginia is violating its agreement with the EPA (in the Clean Water Blueprint) to reduce nutrient and sediment pollution entering the Bay from state waters.

The Richmond Circuit Court will hear arguments for this case this Thursday, July 2. Updates to come.
The original press release from CBF can be found here.

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