EPA Sued to Force Restoration of Degraded Chesapeake Bay Waters
by Matthew McDermott, New York, NY 
on 01. 6.09
photo: Andrew Bossi
The Chesapeake Bay Foundation, along with a coalition of partners has filed a lawsuit in the US District Court for the District of Columbia which seeks to force the EPA to enforce laws requiring the reduction of pollution in the Chesapeake Bay to levels that the bay can be removed from the federal ‘impaired waters’ list.
Speaking on why the action was taken CBF president William Baker said,
EPA Has ‘Abdicated Leadership’
Over the last eight years the EPA, which has the responsibility to lead the effort to enforce the Clean Water Act, has abdicated leadership and weakened regulations that would have reduced pollution. The rule of science and the rule of law have been subjugated to political dogma and a policy of deregulation that has wreaked havoc from financial markets to environmental protection. Science has provided a roadmap for Bay restoration and EPA has the tools to get the job done. The Bay is still polluted due to the lack of political will.
Though there have been three agreements between the EPA and the states bordering the bay to clean up the Chesapeake Bay, going back as far as 1983, the EPA has acknowledged that the latest goal for cleanup of 2010 will not be met.
Efforts EPA Should Take
Among the efforts the CBF would like to the EPA to take are the following:
- Requiring EPA to commit to achieve 80 percent of the pollution reduction goal by 2012, with full implementation by 2015.
- Requiring EPA to take an active role in wastewater treatment plant permits to ensure compliance with pollution reduction goals and that there will be no net increase in pollution loadings.
- Requiring tough construction stormwater permits at sites that discharge into impaired waters.
- Requiring all power plants that generate air pollution that affects the region’s waterways to install existing technologies that would reduce that pollution.
- Requiring that new and existing agricultural conservation funding be geographically targeted to practices that achieve the most pollution reduction.
- Requiring that a portion of federal transportation funding be directed to stormwater management on highways.
According to the Chesapeake Bay Program, most of the waters of the bay are degraded, with much of the bay’s fish and shellfish population at historically low levels.
Partners in the lawsuit are the Virginia State Waterman’s Association, the Maryland Waterman’s Association, the Maryland Saltwater Sportfisherman’s Association, former Maryland Governor Harry Hughes, retired Maryland Senator Bernie Fowler, former Virginia legislator and Natural Resources Secretary Tayloe Murphy, and former Washington DC Mayor Anthony Williams
More: Chesapeake Bay Foundation and ENS
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In an oped published in today’s Washington Post, Vikki Spruill put forward the key steps President-elect Barack Obama can make to begin building his blue legacy. Spruill, president and CEO of Ocean Conservancy, makes the case that at 71% of the earth’s surface and creating much of the air we breathe and food we eat, the oceans need and deserve strong protection. The proposed steps include:
Make oceans a priority when discussing climate change. The real impacts of climate change can be seen today in the world’s oceans from bleaching coral to rising seas. When decisions are to be made on fighting climate change, the oceans must be taken into consideration.
Focus on the Arctic. The most severe impacts of climate change can be seen in the Arctic. Melting sea ice and costal communities and villages falling into the sea are just a few examples. Oil and gas leases that have been marked for sale should be put on hold until a thorough scientific assessment of their impacts can be completed.
Bring Order to the Ocean. From major shipping lanes to fishing waters and recreational use, the ocean has any number of uses. A comprehensive plan for sustainable ocean use will ensure that we can use the ocean while preserving it for future generations.
Ocean Conservancy promotes healthy and diverse ocean ecosystems and opposes practices that threaten ocean and human life. Through research, education and science-based advocacy, Ocean Conservancy informs, inspires and empowers people to speak and act on behalf of the ocean. Visit us at www.oceanconservancy.org.
The piece appears on page A13 of today’s Washington Post and can be viewed here:
(http://www.washingtonpost.com/wp-dyn/content/article/2009/01/05/AR2009010502346_pf.html)
It's amazing that we have to sue the Environmental Protection Agency to do their job. You'd think the people that control that agency don't eat food from the earth, drink water or breathe the same air.
Congratulations CBF for doing what is needed! hopefully the EPA will smarten up with the Obamanator''s leadership.
I used to live in Central Pennsylvania near one of the central feeders into the Chesapeake (Susquehanna River) was always having issues. Not to mention Three Mile Island which is a huge nuclear energy provider for the area uses the waters to cooling purposes. I specifically remember a story in the local paper about a fish found with two heads. Not good. The Chesapeake is a beautiful place and a sanctuary for many animals.
From what I've read elsewhere, most of this damage is due to the nitrogen run-off from factory farms. If you're still getting much of your food energy from animal sources, you are a major contributor to this problem.
I don't need the gov't to tell me what to do, I'm doing it on my own.
I used to live in Central Pennsylvania near one of the central feeders into the Chesapeake (Susquehanna River) was always having issues. Not to mention Three Mile Island which is a huge nuclear energy provider for the area uses the waters to cooling purposes. I specifically remember a story in the local paper about a fish found with two heads. Not good. The Chesapeake is a beautiful place and a sanctuary for many animals.