Last Friday, in a decision fiercely contested by agricultural lobbyists, U.S. District Court Judge Sylvia Rambo ruled that the Environmental Protection Agency’s efforts to reduce contamination in the Chesapeake Bay do, in fact, fall within the agency’s authority. Rambo’s ruling is cause for celebration among environmentalists, bringing the bay closer to restoration after decades of half-hearted attempts to mitigate the damages that industry, agriculture, and growing populations continue to inflict on its ecosystem.
The EPA’s push to clean up the watershed area is based on the model of the Watershed Implementation Plans, which were created by individual states with the goal of restoring the bay. Agricultural lobbyists claim Rambo’s ruling overstepped the government’s bounds, a common complaint against the EPA.
The court’s decision falls well within its authority and provides the necessary catalyst to create change in the Chesapeake Bay.
The most significant pollutants come from agricultural operations, which contaminate the bay with nitrogen and phosphorous. Elevated levels of these elements have changed the bay to a blue-ish green in a process known as eutrophication. Additionally, the lack of oxygen in the water creates “dead zones,” areas where the lack of oxygen in the water makes it uninhabitable for aquatic life.
Predictably, the American Farm Bureau and partner organizations, including the Fertilizer Institute and the National Chicken Council, filed the lawsuit. Collective action on the part of industrial agriculture has impeded conservation attempts for years. By acting in the interests of the 17 million inhabitants of the watershed area instead of powerful industry groups, Rambo set a sorely needed precedent for using the democratic process to pursue the well-being of American citizens and wildlife.
Small farmers, already threatened by large agricultural companies’ market capture, soaring input costs, and sinking returns, need additional resources to comply with the pollution limits, which should include facilities to store and process animal waste. In the case of independent farms, the responsibility of support falls on the government. However, state governments should also provide incentives for corporate farms to financially support farmers in reducing waste.
The cries of lobbyists cannot continue to impede necessary change. Rambo’s decision proved there are some people who are not afraid to stand up against lobbyists. In order to make progress, more judges, both national and local, should follow her example.
