ELKINS, W.Va. (AP) -- A West Virginia chicken grower says it's time a federal judge ruled on whether the Environmental Protection Agency has the authority to make farmers obtain permits for stormwater runoff from their operations.
Hardy County resident Lois Alt has battled EPA for a year over rules and fines initially imposed on her but later rescinded. But neither she nor state and national farm bureaus want the case to die.
They say EPA's action must be declared an illegal overreach that threatens other farms in the Chesapeake Bay watershed.
U.S. District Judge John Preston Bailey denied EPA's previous motion to dismiss.
Bailey said the case should proceed because EPA hasn't changed its underlying position that some farms are concentrated animal feeding operations. That means they must obtain water-pollution permits never previously required.