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January 18, 2013

W.Va. poultry grower not ready to drop EPA lawsuit

MORGANTOWN, W.Va. (AP) — A West Virginia chicken farmer who sued the Environmental Protection Agency over threatened water-pollution fines isn't ready to stop fighting.

Last month, EPA withdrew a violation order against Hardy County resident Lois Alt. She'd sued EPA over new rules aimed at cleaning up the Chesapeake Bay watershed.

U.S. Attorney William Ihlenfeld says the government believes the lawsuit is now moot.

But Alt and the West Virginia and American Farm Bureaus disagree. They don't want to dismiss the case without further action by EPA.

They contend 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 Thursday while the parties discuss what actions may get Alt to dismiss her case.

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