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Vermont’s Breach of the Federal Clean Water Act: Can a New State Framework for Regulating Agricultural Runoff Make a Difference?

Vermont Pushes Legislative Changes to Farm Regulations Amid Water Quality Concerns

MONTPELIER – Vermont lawmakers are poised to tackle agricultural pollution issues following critical findings by the Environmental Protection Agency (EPA). State agriculture inspectors recently failed to report instances of dangerous manure runoff from several dairy farms, raising alarm among environmental advocates who argue that the state’s regulatory framework is broken.

The EPA highlighted that Vermont’s conflicting agency jurisdictions have hampered efforts to enforce water quality regulations mandated by the federal Clean Water Act. In particular, investigations revealed that no farms had ever received a Concentrated Animal Feeding Operation (CAFO) permit, necessary for monitoring potential runoff. Critics claim this lack of oversight contributes significantly to water pollution.

Responding to these concerns, the Vermont Legislature is considering Bill S.124, which aims to enable the Agency of Natural Resources (ANR) to take on a greater role in inspecting farms and enforcing environmental permits. The bill would authorize the hiring of three new staff members to facilitate investigations and establish a stakeholder group comprising farmers and environmentalists to discuss water quality regulations. The bill has gained support from both state agencies, but skepticism remains regarding its potential effectiveness.

Opponents believe the legislative response maintains the status quo rather than addressing the deeper institutional challenges between the agriculture and natural resources agencies. "This bill takes important steps but fails to confront the root problems,” said Scott Sanderson, a conservation advocate.

As the debate unfolds in Montpelier, legislators and environmental groups stress the urgent need for reform to protect Vermont’s waterways, citing a history of regulatory failures. With the EPA’s oversight hanging in the balance, this legislative session may determine the future of environmental governance in Vermont agriculture.

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