Farm Bureau Says EPA Can't Regulate Ag Dust

Oral arguments were presented to a court of appeals on lawsuit over particulate matter.

Published on: Sep 17, 2008

On Monday, the American Farm Bureau Federation and other groups presented oral arguments before a three-judge panel of the U.S. Court of Appeals for the District of Columbia challenging the Environmental Protection Agency's National Ambient Air Quality Standards on particulate matter under the Clean Air Act.

AFBF, the National Pork Producers Council and National Cattlemen's Beef Association provided additional argument and answered questions about their claim that EPA does not have legal authority to regulate agriculture dust in the Clean Air Act.

"The Clean Air Act does not require agricultural dust to be regulated by the same standard as urban particulate matter," says AFBF General Council Julie Anna Potts. "Congress requires EPA to support its NAAQS with science and thus far they have not met that burden for agricultural dust."

The case was filed two years ago by the AFBF to ensure the stringent Clean Air Act requirements were lawfully enacted and because regulation of agriculture dust would place a heavy burden on producers.