Litigation is used to not only protect and enforce the current environmental laws but to bring about environmentally friendly change within our legal system. CBF attorneys argue cases in the federal and state courts within the watershed and file amicus curiae—also called Friend of the Court—briefs in related environmental lawsuits.
Carefully executed litigation serves three primary purposes:
- It spurs enforcement efforts against those who violate laws that were created to protect the watershed.
- It helps define and drive the agenda for public debate over restoration and protection of the Bay.
- It delivers concrete and enforceable progress in resource restoration.
Learn more about CBF's active cases, concluded cases, amicus curiae (friend of the court) briefs, and relevant judicial decisions.
Litigation attorneys and staff also work directly with CBF's Environmental Protection and Restoration Department to file comment letters on federal regulations. CBF thoughtfully chooses litigation cases that result in concrete, enforceable progress toward clean water restoration—including cases against those who violate laws that protect the watershed and communities, as well as cases that solidify and expand legal protections for the Bay. We also focus on regulations that have an impact on human health impacts and on under-resourced communities and communities of color that are disproportionately harmed by pollution and other environmental threats.
Environmental Justice and Litigation
CBF’s Litigation Department works closely with communities throughout the watershed to identify opportunities to address and prevent environmental injustices. Combatting environmental injustice begins with ensuring that communities have equal access to the decision-making process and pushing regulators and polluters alike to take meaningful steps to evaluate potential impacts from proposed and existing projects in vulnerable communities.
Environmental justice recognizes that low-income communities, communities of color, and other vulnerable and marginalized populations bear a disproportionate amount of harmful environmental burdens. Often, infrastructure in these communities receives less scrutiny in the permitting process, leading to the development and operation of facilities that are detrimental to public health and the environment. Through litigation designed to assure equitable enforcement of federal and state environmental laws, CBF hopes to save the Bay—for everyone.
CBF’s environmental justice work has been recognized in the following legal publications:
In May 2022, an article by CBF Vice President of Litigation Jon Mueller and Environmental Justice Staff Attorney Taylor Lilley was published in the Public Interest Law Review. "Forty Years of Environmental Justice: Where is the Justice?" examines the history of environmental justice (or EJ) primarily through the lens of the U.S. Environmental Protection Agency and the White House, and evaluates the progress made in terms of regulations and permitting. It also examines recent administrative and judicial decisions addressing EJ claims and, in conclusion, provides recommendations for ways in which EJ issues can be better presented and addressed.
- Wortzel, Andrea and De Las Casas, Viktoriia (Summer 2021) State Laws Provide New Pathways for Environmental Justice Claims, Natural Resources & Environment, Volume 36, Number 1, American Bar Association
- Farah, Niina (October 4, 2021) Landmark EJ Ruling Sparks Legislative Reckoning in Virginia, E&E News Energywire
Air Pollution and the Chesapeake
CBF's Litigation Department has been actively monitoring and challenging EPA's attempt to roll back many of the air regulations designed to reduce the amount of nitrogen pollution deposited into the waters of the Chesapeake Bay. These regulatory rollbacks threaten not only Bay restoration, but also human health.
You can't always see it. Yet it can travel hundreds of miles before it falls to earth, maybe in your neighborhood, adding to pollution levels in our rivers and the Chesapeake Bay. Where might some of the nitrogen pollution in your local waters be coming from? CBF's story map highlights four coal-fired power plants and one trash incinerator—some within the Bay watershed, some outside it. You might be surprised where their emissions are ending up.
Precedent Setting Cases
EPA's Pollution Limits for the Chesapeake Bay Upheld by U.S. Supreme Court
In 2010, after 25 years of failed agreements between state in the Chesapeake Bay Watershed to work together to clean up the Bay, EPA used its authority under the Clean Water Act to establish pollution limits for the Bay, officially known as a Total Maximum Daily Load or TMDL. This TMDL and the state plans to meet it are jointly referred to as the Chesapeake Clean Water Blueprint. Less than two weeks later, the American Farm Bureau Federation (AFBF), The Fertilizer Institute, the National Pork Producers Council, the National Chicken Council, the National Association of Home Builders, and other lobbying groups challenged EPA's authority and filed a complaint in federal court to throw out the limits. CBF and our allies filed a motion to intervene in the case in support of EPA. Over the next five years, the future of the Blueprint moved from a United States District Court to the Circuit Court of Appeals, and finally to the Supreme Court. On February 29, 2016, the court challenges came to an end with the U.S. Supreme Court's decision to deny AFBF's appeal.
Read the District Court Opinion
Read the Third Circuit Opinion
CBF Statement on Supreme Court Decision in Sackett v. EPA
May 25, 2023
Today the United States Supreme Court released its decision in Sackett v. EPA. By significantly narrowing the definition of which wetlands and other waters are protected by the Clean Water Act, the decision could damage the decades-long effort to restore the Chesapeake Bay and its waterways.
CBF Wins Abingdon Woods Forest Protection Lawsuit in Harford County
May 10, 2023
In a win for forest protections and clean water, a Harford County judge today ruled in favor of CBF in a lawsuit against a developer that was proposing to clear about 220 acres of forest, including 49 large and ecologically valuable trees, to build warehouses.
Settlement Proposed In Lawsuit Against EPA for Pennsylvania Pollution
April 20, 2023
A proposed settlement has been reached in the 2020 lawsuit against the Environmental Protection Agency (EPA) for its failure to require Pennsylvania to develop and implement a plan to meet its commitments to reduce pollution under the Chesapeake Clean Water Blueprint.
Environmental Organizations File Lawsuits Against Flawed Maryland Industrial Stormwater Permit
December 19, 2022
As a result of major flaws in the Maryland Department of the Environment’s (MDE) final Industrial Stormwater General Permit, the Chesapeake Bay Foundation, Blue Water Baltimore and Gunpowder Riverkeeper, as well as the Potomac Riverkeeper Network and Waterkeepers Chesapeake on Friday filed three separate suits against MDE in Baltimore County Circuit Court.
Clean Water Advocacy: September 2022 Update
September 28, 2022
Salmon, trees, plastic bags, and more. And all with Election Day right around the corner.
ShoreRivers, DCPG, and CBF File to Intervene in Maryland’s Lawsuit Against Valley Proteins
February 14, 2022
On Friday, a coalition of organizations—ShoreRivers, Dorchester Citizens for Planned Growth, and Chesapeake Bay Foundation—filed a motion to intervene in a Maryland Department of the Environment (MDE) lawsuit against Valley Proteins for violating wastewater pollution limits and permit requirements.
CBF Issues Statement on Executive Council Meeting
December 15, 2021
The Chesapeake Executive Council met today in Richmond, Virginia, and selected EPA Administrator Michael Regan to be the next Council Chair. Following the meeting, CBF President William C. Baker issued this statement.
CBF, JRA, and EIP Issue Statement on Henrico Consent Order
December 14, 2021
The State Water Control Board today approved another consent order with Henrico County that fails to solve chronic water pollution violations by its sewage treatment plant and sewage collection system.
Clean Water Advocates File Federal Lawsuit to Halt Decades of Violations by Henrico Sewage System
December 6, 2021
Three environmental organizations filed a federal lawsuit today to halt decades of water pollution violations by Henrico County’s sewage treatment plant and sewage collection system, including the release of more than 66 million gallons of raw sewage into the James River in the last five years alone.
Environmental Justice, More Than Just A Check Mark
October 1, 2021
Environmental justice starts in communities, not courtrooms.
No Drill, No Spill27 Mar 2018 Episode 78 | 00:19:04
In this episode, former CBF President Will Baker and CBF Litigation Fellow Brittany Wright discuss the dangers of offshore drilling and the current administration's plan to put the Chesapeake Bay at risk.
No Such Thing as a Free Lunch19 Dec 2017 Episode 71 | 00:12:11
In this episode, CBF President Will Baker talks with CBF Attorney Alayna Chuney about some new developments in the effort to reduce the harmful pollution coming from Baltimore City's Wheelabrator trash incinerator.
Up In the Air11 Oct 2017 Episode 66 | 00:17:27
In this episode, CBF President Will Baker talks with CBF attorneys Ariel Solaski and Alayna Chuney about recent litigation aimed at reducing the air pollution from neighboring states.
Environmental Justice10 May 2017 Episode 55 | 00:25.50
In this episode, CBF President Will Baker and Litigation Fellow Alayna Chuney discuss the importance of a healthy environment for all.
Supreme Court Denies Farm Bureau Attack01 Mar 2016 Episode 25 | 00:11:26
In this episode, CBF President Will Baker and Vice President for Litigation Jon Mueller applaud the Supreme Court's historic decision to uphold the legality of the Chesapeake Clean Water Blueprint.
The Ruling Is In: A Great Win for Clean Water!07 Jul 2015 Episode 8 | 00:20:02
In this episode, CBF President Will Baker and CBF Vice President Jon Mueller dicuss the just-in historic ruling in favor of EPA, the Chesapeake Bay Foundation, and other intervenors.
Something A Little Different12 May 2015 Episode 4 | 00:11:23
In this episode, CBF President Will Baker interviews Vice President for Litigation Jon Mueller about the litigation over the Chesapeake Clean Water Blueprint.