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Texas Agriculture Archive

February 21, 2003

Petition filed in Prosolino case
The American Farm Bureau Federation, along with the California Farm Bureau Federation, the Mendocino County Farm Bureau and Mendocino County landowners Guido and Betty Pronsolino, has filed a petition asking the U.S. Supreme Court to review a Clean Water Act case that could adversely affect farmers and ranchers across the nation.

The Farm Bureau petition asks the nation's highest court to review the U.S. Ninth Circuit Court ruling in the case Pronsolino v. Nastri. The Ninth Circuit upheld a trial court decision, which ruled that non-point sources, such as agriculture, are subject to Environmental Protection Agency regulations.

The Farm Bureau petition, filed Feb. 6, asks the U.S. Supreme Court to resolve several questions, and argues that agricultural and forestry run-off—generally the result of heavy rains—can be controlled by land-use activities, but that is a task Congress left expressly to state governments.

The government will have an opportunity to respond to the petition, after which the Farm Bureau petitioners will reply.

The U.S. Supreme Court is expected to make a decision whether to accept the appeal by June.