Kansas’ AG wants Supreme Court to review EPA water-runoff rule

Kansas Attorney General Derek Schmidt (KSN File Photo)

TOPEKA, Kan. – Kansas Attorney General Derek Schmidt Wednesday asked the U.S. Supreme Court to review a lower court decision regarding the Environmental Protection Agency’s efforts to dictate how states regulate runoff from sources such as farmland, construction sites, and urban areas.

“This case has never been about one geographic region or one particular plan to manage runoff,” Schmidt said in a news release. “The issue is whether the EPA can expand its authority under the Clean Water Act to micromanage how states meet federal water-quality standards.”

Schmidt led a bipartisan group of 22 state attorneys general in filing a brief asking the court to take up the case after the U.S. Court of Appeals for the 3rd Circuit upheld the EPA’s effort to impose detailed nutrient and sediment runoff limits on states in the Chesapeake Bay region under the guise of setting the total maximum daily load (TMDL) for those pollutants.

Kansas filed the brief in American Farm Bureau Federation, et al., v. United States Environmental Protection Agency, et al., Case No. 15-599. Kansas is supporting the plaintiffs – the American Farm Bureau Federation and others – in asking the Supreme Court to hear the case and reverse the 3rd Circuit’s decision.

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