Chesapeake Bay Foundation

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OUR VICTORIES

Thanks to the support of our members, the Chesapeake Bay Foundation (CBF) has made tremendous progress in stopping the decline of the Bay. For example, we've helped to draft and pass critical legislation to reduce nitrogen pollution and upgrade sewage treatment facilities in Maryland, Virginia, and Pennsylvania. Our award-winning education programs have raised awareness and encouraged lifelong commitment among more than a million people. We have also taken on some significant legal issues. Read a summary of our victories below.

Supreme Court Wetlands Cases

In January 2006, CBF filed a friend of the court brief with the United States Supreme Court supporting the United States Army Corps of Engineers’ jurisdiction over non-tidal wetlands and headwater streams in two cases. These cases, US v. Carabell and US v. Rapanos, had the potential to significantly affect federal Clean Water Act jurisdiction over the discharge of pollution into and destruction of such areas. Our brief focused on how the loss of such jurisdiction could severely impact the Bay and its tributaries. On June 19, 2006, in a fractured decision, the Court determined that the Court of Appeals had applied the wrong standard for determining jurisdiction and that there were insufficient facts in the record to make a fair determination and the cases were sent back to the Court of Appeals for further consideration. The decision has led to significant confusion for both the Corps and the regulated community. CBF published an article in March 9, 2007 edition of the Bureau of National Affairs Environment Reporter discussing the ruling and its impact. CBF has also submitted comments on a recent guidance issued by the Corps.

Citizens’ Legal Standing

CBF’s court challenge to Virginia’s issuance of a wastewater permit for the corporate giant Phillip Morris has led to a clear and precedential victory for Virginia citizens and conservation groups. In April, the Virginia Court of Appeals ruled that CBF and organizations like it have the right to challenge these pollution permits in court on behalf of their members.

Wetlands Destruction

CBF continues with many partners to work to halt the construction of a reservoir in King William County, VA. Construction of the reservoir will destroy over 430 acres of wetlands. CBF has two legal actions pending; one in federal court over the permit issued by the Army Corps of Engineers to allow construction of the project, and another in Virginia state court challenging a permit extension by the State Water Board.

Toxic Air Pollution

In 2000, US EPA determined that coal fired power plants were a significant cause of mercury contamination in fish. This required EPA to draft regulations requiring that these polluters control their emissions to the maximum extent possible. In 2005, EPA changed its mind and removed this requirement from power plants and instead developed a “cap and trade” program that allowed one utility to trade mercury emission credits with another utility, no matter how far away or how contaminated the fish near the plant were. CBF, several environmental groups, and numerous Native American tribes and states filed petitions in the District of Columbia Court of Appeals challenging these rules. In February 2008, the Court held that EPA’s decision and rule violated the law. EPA must now create standards that control mercury to the maximum extent possible.

Scofflaw: Little Dobbins Island

CBF, the Magothy River Association, and a Maryland environmental agency (the Critical Area Commission) filed appeals in Anne Arundel County, Maryland, regarding the construction of an elaborate home with pool, lighthouse, and more on an island known as Little Dobbins Island, located in the Magothy River. Much of the construction occurred without the proper building permits or variances and in environmentally sensitive lands, in violation of Maryland and county law. Unfortunately, the county granted permission retroactively. CBF is challenging the county’s actions in state court.

Blackwater Resort Development

A developer planned to build a massive, multi-use residential and commercial center and golf course on more than 1,000 acres of forest and farmland in Cambridge, Maryland. Two local governments, the Dorchester County Council and the Cambridge City Council, both supported this development. In spring 2006, CBF, along with local farmers, filed several legal actions in Maryland courts challenging their decisions. CBF also appeared before the Maryland Critical Area Commission challenging the County and City decisions to develop rural farm land. In support, CBF provided expert testimony and testimony from its president, Will Baker. CBF also secured the testimony of two Fish and Wildlife Service employees who urged the Commission to turn down the request to develop this land in order to protect the nearby Blackwater National Wildlife Refuge from the inevitable environmental harm that the resort would generate. In a first of its kind decision, the CAC decide to deny the County’s request and disapprove the construction of the project. The State of Maryland agreed to purchase a portion of the land and restore it to its natural state.

Shorelines

CBF helped secure a major legal victory when the Virginia Supreme Court ruled that Northampton County, Va., can prohibit houses being built within 100 feet of a Chesapeake Bay creek. The April 21, 2006 decision upheld the local government’s authority to enforce building setback requirements and affirmed the intent of the Chesapeake Bay Preservation Act, the 18-year-old Virginia law aimed at protecting sensitive Chesapeake Bay shoreline areas from development in order to safeguard water quality. CBF Virginia Staff Attorney Joe Tannery, with assistance from pro-bono counsel Jeff Geiger of Sands Marks Anderson and Miller, filed a friend of the court brief in support of Northampton County.

Monocacy River Runoff Reduction

CBF, university researchers, experts, and other non-profit organizations are partnering on a two-year project in the Monocacy watershed to demonstrate how agricultural conservation practices will significantly reduce nitrogen and phosphorus runoff to the state’s waterways, and the Bay. This comprehensive, watershed-wide project will manage nitrogen and phosphorus in a sustainable way while increasing farmers’ bottom line. The project is expected to achieve nitrogen runoff reductions of as much as 30 to 40 percent in the watershed. The work in the Monocacy will serve as a model for what we can achieve across the whole Bay watershed in terms of reducing harmful pollutants. The project is funded by a $1 million National Fish and Wildlife Foundation (NFWF) Chesapeake Bay Targeted Watershed grant and by the Chesapeake Bay Trust. The grants are managed by NFWF and funded by the EPA. Rob Schnabel, CBF restoration biologist, and Michael Heller, CBF Clagett Farm manager, will work on the project along with the University of Maryland and the State Department of Agriculture.

Green Roofs Benefit Water Quality

The American Society of Landscape Architects (ASLA) this month dedicated its green roof, the first supported by the Chesapeake Bay Foundation’s (CBF) Green Roof Incentive Grant Program. The 3,000-square-foot project at the ASLA headquarters in Washington D.C. is one of seven incentive grants issued by CBF to create green roofs in the nation's capital. The grant program is part of a wider CBF effort to create green roofs that benefit the water quality of the Anacostia River and the Chesapeake Bay. “Green roofs provide benefits environmentally, aesthetically, and economically,” said Doug Siglin, CBF’s Federal Affairs Director. “There are several other green roof projects in the works in the Anacostia watershed. We anticipate that as people see the benefits and potential, demand for green roofs will grow quickly, and a new Bay-friendly environmental business will follow.”

Green roofs partially- funded by CBF grants are:

New Department of Transportation Headquarters on M Street SE: 68,000 sq-ft green roof planted in 2006.
American Psychological Association Headquarters at 10 G St. NE. 3,000-sq-ft green roof planted in 2006.
Akridge Commercial Office Building at 700 6th St. NW: 10,000-sq-ft green roof installed in 2007.
D.C. Department of Parks & Recreation Center at 1310 Childress St. NE: 5,000-sq-ft green roof installed late 2006/early 2007.
Anacostia Economic Development Corp. Commercial Office Building at 1800 MLK Ave. SE: 10,000-sq-ft green roof installed in 2007.
The JBG Companies Office Building at 51 Louisiana Ave. NW: New building annex planned with 12,000-sq-ft green roof installed in late 2007/ early 2008.

Read our annual report for more information about the progress we are making to save the Bay.