Active Litigation Case

Aquaculture Facility Discharge Permit

Circuit Court of Maryland For Cecil County
Petition of Chesapeake Bay Foundation
In the Matter of the Final Determination to Issue Discharge Permit to AquaCon Maryland, LLC
C-07-CV-25-000167

Issue:

Water Quality

Topic:

Clean Water Act

Steven Hayre
Winter trees and a flock of birds silhouetted against a pink sunset on the Bay.

Updated: 4/15/2026

AquaCon Maryland, LLC (AquaCon) is proposing to develop a large-scale recirculating farming aquaculture Facility in Port Deposit, Maryland for production, harvest, and processing of up to 20,000 lbs of Atlantic salmon annually. In March 2025, The Maryland Department of Environment issued a wastewater discharge permit to AquaCon’s proposed facility allowing up to 1.9 million gallons of waste “purge” water from the facility to be discharged daily into the Susquehanna River. The Susquehanna River contributes nearly 50% of the Bay’s freshwater input supporting habitats for commercial and recreational fish species. The proposed facility would contribute new loads of sediment and nutrient pollution to the Susquehanna River and upper Chesapeake Bay, including the invaluable underwater grasses of the Susquehanna Flats. See How Are the Chesapeake Bay’s Underwater Grasses Doing?

MDE issued a permit that does not ensure protection of water quality standards, including by not requiring a nutrient offset plan prior to issuing the permit. CBF challenged the permit by filing a Petition for Judicial Review on April 21, 2025 in the Circuit Court asking the Court to remand the permit back to MDE for revisions necessary to conform with Maryland and federal law. CBF is joined by two individuals who are invested in the waterman community and water quality in the Chesapeake Bay. Prior to a hearing being held, AquaCon submitted a permit modification request asking MDE to strengthen provisions in the permit that would address several concerns raised by CBF and other commenters and have the potential to improve environmental protections not included in the original permit. The current litigation is stayed while MDE reviews the modification request. 

Press Release – AquaCon’s Cecil County Facility Could Further Damage Susquehanna River Aquatic Habitat

CBF is represented in this case by Director of Litigation Ariel Solaski and Vice President of Litigation, Paul Smail

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    Paul Smail

    Vice President for Litigation & General Counsel; Richard T. Pelham Chair

  • Litigation

    Ariel Solaski

    Director of Litigation

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