A West Virginia chicken producer who sued the Environmental Protection Agency over threatened water-pollution fines isn't ready to stop fighting.
Last month, the EPA withdrew a violation order against Lois Alt. In response, she sued over new rules aimed at cleaning up the Chesapeake Bay watershed. The American and West Virginia Farm Bureau organizations joined Alt in the suit.
U.S. Attorney William Ihlenfeld says the government believes the lawsuit is now moot, according to the Associated Press. Alt, however, doesn't want to dismiss the case without further action by the EPA, contending the underlying issues still must be addressed because they could affect chicken farmers nationwide.
Ihlenfeld asked U.S. District Judge John Preston Bailey to put pending motions for summary judgment on hold on January 17, while the parties discuss what actions may get Alt to dismiss her case.
The EPA's initial November 2011 order said Alt would have to pay $37,500 in fines each time stormwater came into contact with dust, feathers or small amounts of manure on the ground outside of her poultry houses as a result of normal poultry farming operations. The agency also listed separate fines of $37,500 per day if Alt failed to apply for a National Pollutant Discharge Elimination System permit. Alt responded by filing her own legal challenge to the agency order in June 2012.
