This week, the Vermont Senate Natural Resources & Energy Committee convened to discuss phosphorus pollution in Lake Champlain. The focus was on two competing legislative proposals—S.100 and H.146—both aimed at addressing agricultural runoff and Vermont’s compliance with federal water quality standards. However, the meeting highlighted a familiar pattern: farms taking the blame while other phosphorus sources remain largely ignored.
The CLF and EPA’s Involvement in Vermont’s Farm Regulation
The first testimony came from the Conservation Law Foundation (CLF), an environmental group that has sued Vermont multiple times over water quality issues. Currently, CLF is suing the state for allegedly failing to meet the mandates of the Global Warming Solutions Act (GWSA), arguing that Vermont’s Agency of Natural Resources has not taken sufficient action to reduce greenhouse gas emissions. At the same time, CLF has pushed the EPA to crack down on Vermont for failing to meet Clean Water Act standards, leading to increased federal pressure on the state’s farm regulations.
To address this, S.100, currently in the Senate, proposes maintaining the shared regulatory framework but improving coordination through a Memorandum of Understanding (MOU). The House’s H.146 bill takes a more aggressive stance, shifting all farm-related phosphorus oversight to Vermont Agency of Natural Resources (ANR), removing Vermont Agency of Agriculture, Food & Markets (AAFM)’s role altogether.
CLF representatives argued that Vermont’s current system fails to hold farms accountable for phosphorus runoff and that more stringent oversight is needed. However, this narrative ignores a critical issue: agriculture is far from the only contributor to phosphorus in Lake Champlain.
Other Phosphorus Sources: A Missing Piece in the Discussion
While state and federal reports acknowledge that wastewater treatment plants, urban stormwater runoff, streambank erosion, and legacy phosphorus in lake sediments all play roles in phosphorus pollution, these sources were barely discussed during the committee meeting. Instead, farms remained the primary target of regulatory action.
According to the 2024 State of the Lake Report, wastewater treatment plants contribute about 6% of the phosphorus load, while urban runoff, stormwater, and erosion contribute significantly. Legacy phosphorus—accumulated from past decades of overuse—continues to leach into the lake, fueling algae blooms even as modern farm practices improve. Yet, little was said about addressing these non-agricultural sources.
New Data Challenges the Farm-Only Focus
An analysis comparing the decline in Vermont dairy farms to phosphorus levels in Lake Champlain raises serious questions about the effectiveness of farm-focused regulations. Since 1950, Vermont has lost over 95% of its dairy farms, dropping from more than 11,000 farms to around 500 today. If farms were the primary driver of phosphorus pollution, we would expect a similar decline in phosphorus levels.
Yet, data from the Lake Champlain Basin Program and Vermont ANR show that phosphorus concentrations have remained high—even increased in some areas—despite the collapse of dairy farming.
A graph illustrating this trend shows a clear divergence: while dairy farm numbers plummet, phosphorus levels not only remain high but actually increase after 1980. This strongly suggests that other sources—such as urban runoff and wastewater discharge—are keeping phosphorus levels elevated, yet remain underregulated.
Tile Drainage: A Problem with an Easy Fix
One agricultural factor that could be contributing to phosphorus runoff is tile drainage—underground pipes that remove excess water from fields and discharge it into streams. Studies in Addison County and the Jewett Brook Watershed found that some tile-drained fields had phosphorus concentrations as high as 3,193 µg/L, significantly more than non-drained fields.
However, fixing this issue is relatively simple and inexpensive.
Experts and studies on phosphorus management suggest that installing sediment catch ponds at tile drain outlets could capture phosphorus before it enters waterways. This solution is:
- Cost-effective compared to continued regulation, with estimated costs of $5,000–$50,000 per farm.
- Proven to work, as demonstrated by phosphorus filtering studies.
- Cheaper than the millions spent annually on research, enforcement, and lawsuits.
Despite this, no significant legislative effort has been made to fund these installations. Instead, Vermont continues to rely on increasing restrictions on farms rather than implementing practical engineering solutions.
Should the Federal Government Pay for the Fix?
Given the federal government’s role in promoting phosphorus-heavy farming practices for decades, some argue that it should now help fund phosphorus reduction solutions.
- Post-WWII federal subsidies encouraged excessive phosphorus fertilizer application.
- Government-backed animal feed programs led to high phosphorus manure buildup.
- Federal agencies ignored phosphorus runoff for decades until cracking down on farms in the 2000s.
Instead of forcing Vermont farmers to bear the burden, federal conservation funding could fully cover sediment ponds and phosphorus capture systems for tile-drained farms. If implemented, this could solve a major part of the phosphorus problem without shutting down more farms.
Conclusion: A Policy Blind Spot
As Vermont lawmakers move forward with S.100 and H.146, the continued focus on agriculture, while ignoring urban and legacy phosphorus sources, remains a glaring oversight.
The data tells a different story than the political narrative: farms have disappeared, yet phosphorus pollution has remained. If Vermont is serious about solving this issue, it needs to stop scapegoating farms and start funding practical, engineering-based solutions—like sediment ponds—that actually work.
If legislators truly care about Lake Champlain’s health, the conversation needs to expand beyond agriculture and toward all phosphorus sources. Otherwise, Vermont’s policies will continue to kill farms while failing to clean up the lake.
Dave Soulia | FYIVT
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