Press Release

Chesapeake Bay Foundation (CBF) President and CEO Hilary Harp Falk is pleased to announce that CBF has a new top watchdog protecting clean water and the communities that depend on it in Paul Smail, who has been promoted to Vice President for Litigation and General Counsel, Richard T. Pelham Chair. 

“Paul has amassed an impressive record of protecting our land and forests, holding industrial polluters accountable, and amplifying the voices of citizens whose neighborhoods are overburdened by pollution,” Falk said. “His nine years on the front lines of the fight for clean water for all watershed residents made him the natural choice to lead the charge for CBF.”

Smail joined CBF in 2014 as Staff Litigation Attorney and became Director of Litigation in 2019. His successes include winning a landmark case affirming citizens’ right to challenge developers’ tree-clearing plans on the merits in court. He also represented CBF in litigation that forced important upgrades to reduce sediment pollution discharged into the Potomac River by the massive water treatment plant that serves Montgomery and Prince Georges counties.

Smail’s current work includes partnering with residents of under-represented communities in Baltimore City and Baltimore County to fight municipal stormwater discharge permits that fail to protect their health and their homes from repeatedly being flooded by polluted stormwater [and untreated sewage] when it rains.  

“Environmental litigation is not simply about enforcing the laws meant to ensure clean air, clean water, and a healthy environment,” Smail said. “Especially when you go up against big corporations or government agencies, it’s about connecting the legal issues with how they impact people and the Chesapeake Bay’s delicate ecosystem.

“Every success the litigation team has had, and will have in the future, comes from telling the court how pollution and health hazards affect real people in their everyday lives,” Smail added. “Empowering people in the watershed to tell their stories and seek justice is a privilege and a responsibility I embrace.”

Before joining CBF, Smail worked in private practice representing clients in regulatory compliance litigation, transactions involving land and asset purchases, and resolving environmental enforcement actions. Smail also served as assistant general counsel and litigation associate for a consumer law practice in Towson, Maryland.  

After graduating with an English major from Washington College in 1997, Paul began his varied career working for the Maryland Conservation Corps, an Americorps program administered by the Maryland Department of Natural Resources.  

He spent a year doing botany work at protecting rare and endangered plants Shenandoah National Park before landing at the University of Maryland Center for Environmental Science’s Chesapeake Biological Laboratory.  

There he worked as a research assistant for Dr. Walter Boynton, a longtime professor and estuarine ecology expert, and studied estuarine ecology and seagrasses in estuarine systems. Smail’s work with Boynton also inspired him to go back to school to study [environmental] law and policy.

Smail is the Immediate Past Chair of the Maryland State Bar Association’s Environment and Energy Law Section, and currently serves on the Board of the Friends of the Jones Falls. 

Continuing its efforts to aid the comeback of striped bass, the Atlantic States Marine Fisheries Commission (ASMFC) voted yesterday to extend the emergency regulation it adopted in May to reduce striped bass mortality. The ASMFC also continued work on a draft Addendum II to the striped bass management plan outlining additional options for the long-term recovery of striped bass populations.

At its May meeting, ASMFC’s Atlantic Striped Bass Management Board took emergency actions to protect striped bass spawned in 2015 by instituting a maximum recreational harvest size of 31 inches. Atlantic Coast states had until early July to implement the emergency action.

At the same time, the Board initiated work on a draft Addendum II to develop options to bring striped bass fishing mortality back down to levels needed to rebuild the population following 2022 estimates that indicated a nearly 40 percent increase in striped bass removals.

The Chesapeake Bay serves as a critical nursery area for striped bass, contributing significantly to the coastwide stock and the regional economy. But the current stock is in poor condition due to excessive mortality from fishing, low reproduction, water quality challenges, and climate change.

Yesterday the ASMFC voted to extend the previously adopted emergency measure that set a 31-inch maximum size limit in the recreational fishery for an additional year, effective October 28. Further action on Addendum II was delayed pending additional input from ASMFC’s technical committee. The committee is tasked with evaluating the updated management options that were modified at yesterday’s meeting. Managers will meet in the Fall to review input and finalize the Addendum for release for public comment.

Chesapeake Bay Foundation (CBF) Senior Regional Ecosystem Scientist Chris Moore issued the following statement:

“As fishing continues to put pressure on striped bass populations, extending the emergency size limits another year is the right call while the Board considers additional measures.

“Striped bass are in trouble. This addendum is ASMFC’s best chance to turn the tide. Unfortunately, by removing certain Chesapeake Bay-specific management options, the Board missed an important opportunity to consider longer seasonal closures, which protect striped bass during critical life stages and during periods of low oxygen and high-water temperatures that increase striped bass mortality. It now falls to the states to take further actions to address striped bass mortality during these challenging times of the year.  

“As development of Addendum II continues, CBF urges the Board to retain management options that consider commercial quota reductions needed to maintain the stock’s reproductive potential. These management options must be retained if we are to achieve the necessary reductions in fishing mortality that can ensure striped bass populations get back on track by 2029. Without strong conservation measures across all fishery sectors, the hope of bringing back this iconic species will be lost.  

“We encourage anyone who cares about the future of striped bass to follow this management action and weigh in.”

The Keystone 10 Million Trees Partnership is accepting nominations for the Annual Mira Lloyd Dock Partnership Diversity Award, given in recognition of conservation work in environmental justice communities in Pennsylvania.

Environmental justice refers to the effort to ensure that people with lower incomes and Black, Indigenous, and communities of color aren’t disproportionately harmed by pollution and other environmental threats. In Pennsylvania, the Department of Environmental Protection considers any census block group where 20 percent or more individuals live in poverty, or 30 percent or more of the population identifies as a minority, to be in an environmental justice area.

The Keystone 10 Million Trees Partnership, coordinated by the Chesapeake Bay Foundation, welcomes nominations of anyone in Pennsylvania who has shown exemplary leadership in their community through environmental restoration, awareness, education, and/or conservation work. This includes community tree plantings, rain garden and/or native pollinator garden installation or plantings, regenerative agriculture or urban farming/permaculture, or community beautification in an environmental justice community.

Nominees are ranked on their community engagement, collaboration, and environmental conservation work with environmental justice communities in support of planting 10 million trees for Pennsylvania. Nominees are given credit for using science, research, innovative, and creative approaches to conservation. A volunteer committee of environmental leaders, past Dock Award winners, and others will determine the winners. 

To submit a nomination, visit https://tenmilliontrees.org/contact/mld/. Forms are also available by emailing keystonetrees@cbf.org, or calling (717) 200-4543. The deadline for nominations is Sept. 29. The award winners will receive $5,000 worth of native trees and supplies from the partnership, to be used for a 2024 tree project.

Now in its fourth year, the award was created to honor the spirit of Mira Lloyd Dock, who pursued urban beautification and forest conservation at a time when women and people of color were not welcomed at the decision-making table.

Mira Lloyd Dock is recognized as the first Pennsylvania woman to lead the way in forest conservation. She was an advocate for Penn’s Woods and in 1901 was appointed to the State Forest Reservation Commission by Pennsylvania Governor William Stone. 

The Keystone 10 Million Trees Partnership will present the award during the Pennsylvania Forestry Association’s Annual Symposium on Saturday, Nov. 4, at Toftrees resort in State College.

To learn more about the Keystone 10 Million Trees Partnership, visit TenMillionTrees.org.

The Chesapeake Bay Foundation (CBF) is partnering with Montgomery County Public Schools (MCPS) to launch a new oyster gardening program for sixth graders at YMCA Camp Letts in Edgewater this fall.

The new program will enable students who attend the county’s outdoor education program at Camp Letts to participate in hands-on lessons about oysters and their importance to the Chesapeake Bay ecosystem. An adult oyster can filter up to 50 gallons of water per day. Oysters also naturally build reefs that serve as habitat for fish, crabs, and other important Bay species.

To create and maintain the oyster garden at Camp Letts, CBF will contribute about 2,500 spat-on-shell oysters each year that students will take care of in 16 cages. Spat are very small, nearly microscopic, juvenile oysters that attach to recycled oyster shells and grow over time into adult oysters. Students will assist with cleaning algae and other organisms from oyster cages that will be suspended from the camp’s floating dock on the Rhode River. The first oyster garden at the location will be ready before the start of the school year in September.

As students clean the cages, they’ll also be able to view and learn about benthic organisms such as worms, shrimp, and other small creatures that find homes on oyster reefs.

“At CBF we want to connect students with the Chesapeake Bay and its ecology and one of the best ways to do that is to learn about oysters,” said Kellie Fiala, CBF’s Maryland Oyster Restoration Coordinator. “Oysters are a keystone species that improve water quality, build habitat for other species, and serve as a food source.

“However, due to a combination of pollution, diseases, and overharvesting, the Bay’s oyster population is at historic low levels. We’re hoping that as students learn about the importance of oysters to the Bay, they’ll support ongoing efforts to protect and restore the Chesapeake’s oyster population,” Fiala added.

Each year about 3,000 students and 300 adults will interact with the oyster garden at Camp Letts through MCPS’ outdoor education program, which includes lessons on how to evaluate the health of watersheds and ecosystems.

The oysters raised by students at Camp Letts will be added to sanctuary reefs in the South and Rhode Rivers each year so they can continue to grow. The camp in Edgewater is one of the closest areas to Montgomery County that enables students to interact with brackish Bay waters, which are a mix of salty ocean water and freshwater. Students will be tasked with comparing the organisms found in the brackish water with those they can typically find in the freshwater ecosystems that exist in Montgomery County.

CBF’s oyster restoration staff will train MCPS outdoor educators on how to run oyster gardening sessions for the students and provide learning materials.

“We are excited to give students an opportunity to learn about the importance of oysters and what we can do as citizens who live upstream to protect the bay,” said MCPS Outdoor Education Center teacher Antonio Carrillo.

CBF runs several oyster gardening programs in Maryland and Virginia that enable organizations and individuals to raise oysters on private docks or at public waterfront locations. All the oysters raised through CBF’s oyster gardening programs are later added to sanctuary reefs in the Bay where they are protected from harvest.

If you would like to get involved with our oyster gardening program, please email our oyster restoration staff.

Richmond-area residents will discuss the most pressing environmental issues facing Central Virginia while building leadership skills at a free adult environmental course this summer held by the Chesapeake Bay Foundation (CBF). The program includes Tuesday night classroom sessions in South Richmond and a boat trip on the James River aboard a CBF education vessel. CBF’s Volunteers as Chesapeake Stewards (VoiCeS) class is the organization’s longest-running adult education course.

“Our VoiCeS program empowers individuals with essential skills and knowledge to create a positive impact on the environment and enhance the quality of life in Richmond and beyond,” said CBF Virginia Grassroots Manager Gabby Troutman.

Over the course of six Tuesday evening classes, expert speakers from the Richmond area will cover topics including:

• The health of the James River and Chesapeake Bay watershed;
• How trees are combatting extreme heat in Richmond neighborhoods;
• Richmond’s Climate Equity Index, identifying which neighborhoods are most at risk from climate change, and the city’s plans for creating resilient communities;
• Opportunities to engage in community science efforts to monitor air pollution in the Richmond region;
• RVAH20: The City of Richmond’s fight against stormwater and sewage pollution;
• Environmental justice issues impacting Virginia;
• Examining the state of Virginia’s crab, rockfish, and oyster fisheries;
• How to be an effective advocate at the local, state and federal level, and;
• Expanding urban agriculture to provide fresh produce in underserved communities.

The program will be held in South Richmond on Tuesdays from 6:30 p.m. to 8:30 p.m. from July 18 to Aug. 22 at Second Baptist Church, 3300 Broad Rock Blvd.  Advance registration is required online or by e-mailing Gabby Troutman at GTroutman@cbf.org.

This course is free thanks to funding provided by CBF’s generous donors.

Summer is coming. As trees and plants have emerged from their winter slumber, so have outdoor projects for Pennsylvania homeowners. What many don’t realize is that one of those tasks, sealing driveways and parking lots, can pose significant risks both to human health and to aquatic life in our rivers and streams. 

Sealants are marketed as a way to help maintain blacktop on driveways and parking lots. Although formulations of many available products vary, they all are intended to help keep the ravages of rain and snowmelt from forming and worsening cracks in paving, which can ultimately reduce the lifespan of macadam. Many products, whether do-it-yourself and professional grade, use coal and oil tars as the main active ingredients. 

Tars have hundreds of compounds, including a class of water repelling ones collectively called polycyclic aromatic hydrocarbons (PAHs). Studies have found that PAHs increase the risk of lung, bladder, and skin cancers in humans, pets, and developmental delays in children. According to a study in the journal Environmental Science and Technology, people living near pavement sealed with coal tar have an elevated risk of cancer.

Humans and our furry friends are exposed to the coal tar sealant chemicals by walking on the surfaces and breathing in volatilized compounds. It has been documented that small children are most vulnerable, as they put their hands in their mouths and tend to get down on the ground. 

The chemicals get into our houses and yards too. One study found that residences next to parking lots with coal tar-based sealcoat had PAH levels in house dust that was 25 times higher than residences adjacent to unsealed pavement. 

When these chemicals get into rivers and streams, they can form a toxic brew for sensitive critters. One study found that runoff from areas with seal-coated pavement was acutely toxic to minnows and small water bugs. Researchers found that the PAHs in the runoff damaged the DNA of critters. Another study found that 100 percent of critters exposed to runoff from pavement sealed with coal tar products died within 42 days. Runoff from uncoated areas had mortality rates of less than 10 percent. 

The toxic effects are long-term as well. In fish populations, PAHs in runoff have been found to cause lesions, liver abnormalities, tumors, and decreased juvenile growth. A study in Washington State tested runoff from coal tar-sealed pavement on juvenile salmon. Even after seven months, runoff from sealed areas killed 55 percent of juvenile salmon within 96 hours. Studies have found similar results in other species.  

PAHs also tend to store in sediment, making them particularly troublesome for animals that live part of their lives in the mud or streambeds or eat critters that do, like many frogs, fish and salamanders. PAHs have even been found in young dragonflies. 

Continued exposure to PAHs leads to concentrated levels inside the body, a process called bioaccumulation.

So concerning is the science on coal tar sealants that 12 states and Washington, D.C. have enacted bans on their sale and 17 have restrictions on use. Pennsylvania, and its multitude of local governments, are not among them. 

The best way to reduce your exposure to coal tar sealant chemicals would be to have them removed from Pennsylvania stores. The next best thing is not to use them. Many homeowners have replaced asphalt with concrete or, even better, permeable pavers. 

If you have to use a sealant, similarly priced alternatives that are just as effective are readily available. Asphalt-based sealcoats have less PAHs than coal tar. It will be better for your family’s health, your pets, and the health of our fish and wildlife. 

This week the Southern Environmental Law Center (SELC) submitted comments on the Federal Energy Regulatory Commission’s (FERC) draft environmental impact statement for Transcontinental Gas Pipe Line (Transco)’s proposed Commonwealth Energy Connector Project and Columbia Gas Transmission’s Virginia Reliability Project (VRP).

The comments were submitted on behalf of the Sierra Club in partnership with Chesapeake Bay Foundation and Chesapeake Climate Action Network. The current draft EIS does not adequately address environmental justice impacts, alternatives that would avoid the Great Dismal Swamp National Wildlife Refuge, alternative methods for the Project’s waterbody crossings, and the alternatives to building the Southside Reliability Enhancement Project’s Compressor Station 168.

The majority of the communities in the projects’ paths are defined as environmental justice communities, which face disproportionate health risks from pollution. That includes many living in the vicinity of the proposed expansion of the gas-fired Petersburg Compressor Station.

“The communities that will be impacted by the construction and operation of this project deserve more scrutiny of this project and its potential impacts,” said Taylor Lilley, Environmental Justice Staff Attorney for the Chesapeake Bay Foundation.

The proposed expansion of the Petersburg Compressor Station would increase emissions of many pollutants that threaten public health, including increasing nitrogen dioxide and sulfur dioxide to unhealthy levels higher than air quality standards. People in environmental justice communities live as close as 1,200 feet from the compressor station site.  The census tract next to the project site is in the 89th percentile for levels of people suffering from asthma and 69th percentile for low-income population.

“Replacing the existing gas units with electric or hybrid units would add capacity while improving local air quality. The fact that the gas companies didn’t even consider an electric option shows a glaring lack of concern for the people burdened by pollution from the Petersburg Compressor Station,” Lilley said.

Threats from the Petersburg Compressor Station, combined with other nearby industrial facilities, will only increase health risks to the community from polluted air. Air pollution will eventually fall back to the ground and waterways, increasing pollution to Virginia rivers, streams, and the Chesapeake Bay.

Columbia Gas has said the VRP will help meet greater demand for power in the Hampton Roads region of the state. Specifically, the project will replace existing 12-inch diameter pipes with 24 inches pipelines along a 49-plus mile route, from Sussex to Chesapeake, with construction starting as early as 2024.

As a result, the project is proposing to increase the horsepower of the Petersburg compressor station, increasing the pollution of an already cumulatively disadvantaged community. A final EIS must fully evaluate the Petersburg compressor station as well as alternatives to what is currently proposed.

“Alternatives to increasing the Petersburg Compressor Station’s horsepower and thus the pollution of an environmental justice community needs to be explored, including the ‘no action’ alternative.” said Lynn Godfrey, Sierra Club’s Just Transition Program Manager.

Greg Buppert, Senior Attorney and leader of SELC’s regional gas team, said “people across the state are watching these projects.”

“These are two projects that we and others are watching closely. Communities in this part of the state are being hit on every side. Rising sea levels and increased flooding. Dealing with the impacts of past bad projects and pollution. The climate and environmental justice impacts must be fully explored, taken into consideration, and addressed.”

The Chesapeake Bay Foundation (CBF) mourns the loss of Dr. Beth McGee, CBF’s Director of Science and Agricultural Policy. Since coming to CBF in 2003, Beth played a crucial role in assessing the health of the Bay, leading the science of Bay restoration, and helping CBF craft policy solutions. 

A scientist at heart, she had a unique ability to translate her knowledge into terms that were easy to understand, and she enjoyed her role advising other Bay scientists and communicating the Bay’s challenges and solutions to the public and elected officials.

Just as important as her ability to make complex science easier to understand was her ability to shape and affect policy. To achieve environmental change, she believed, science must support policy decisions. Then those policies need to become legislation or regulations that are effective. Over the last 20 years, she helped achieve those goals.

Dr. McGee had a Bachelor’s degree in Biology from the University of Virginia, a Master’s degree in Ecology from the University of Delaware, and a Ph.D. in Environmental Science from the University of Maryland. She once said, “Find your passion, make it your job, and you’ll never work another day in your life!” 

Alison Prost, CBF Vice President for Environmental Protection and Restoration, offered these thoughts.

“The Chesapeake Bay lost a giant today. Although small in stature, few have contributed as much to the science and policy of Bay restoration as Dr. Beth McGee. Her love and connection to the watershed and the Bay drove her. And her intellect never let her settle for the status quo. When Beth talked, the Bay restoration community listened and acted on her advice. 

“Beth was dedicated to science and the facts, and was always open to new research and ideas. Her colleagues, both inside and outside of CBF, were the beneficiaries of her knowledge, kindness, and sense of humor.” 

Thousands of volunteers across Virginia picked up about 100,000 pounds of litter Saturday as part of Clean the Bay Day, a Chesapeake Bay Foundation (CBF) annual event and Virginia’s largest and longest-running litter and shoreline cleanup.

On June 3, more than 3,000 volunteers gathered at about 200 sites in Richmond, Hampton Roads, the Eastern Shore, Northern Virginia, the Shenandoah Valley, and at Virginia State Parks. While numbers are still being reported and likely to increase, preliminary totals show at least 97,795 pounds of litter and debris were removed from beaches, parks, shorelines, streams, rivers, and lakes spanning an estimated 314 miles. In addition to those numbers, 841 members of the military and volunteers in recent weeks have removed 10,305 pounds of litter as part of Clean the Bay Day.

“It’s wonderful to see how this iconic event brings people together to make a positive impact in their communities. Parks, beaches, and waterways across Virginia are cleaner now thanks to the work of thousands of volunteers,” said CBF Grassroots Coordinator Lisa Renée Jennings. “These cumulative efforts contribute to healthier rivers and streams, and a cleaner Chesapeake Bay.”

As usual, the most common items found during this year’s cleanup were plastic and glass bottles, aluminum cans, plastic bags, and cigarette butts. But volunteers recovered many larger items, including a treadmill, a tractor tire, a toilet, a railroad tie, a mattress, a lounge chair, a countertop, an oven door, a car bumper, and a big leather office chair.

Participants also recovered many unusual items, including an immersive survival suit, a mini dirt bike, a ship’s bumper, one plastic hippopotamus, a wooden duck blind, a terracotta pipe, rubber hose, a kitchen sink, a kindle, a “just married” flag, and a $10 bill.

Among the volunteers were many elected officials, other community leaders, service members, Scout groups, small businesses, large corporations, and thousands of other Virginians. Since 1989, Clean the Bay Day has engaged hundreds of thousands of volunteers who have removed millions of pounds of debris across Virginia.

The local community is invited to learn more about the Marsh Creek Watershed and plans to restore and protect it at a free public event in Centre County, Pennsylvania, on Thursday, June 8.

“Envision Marsh Creek” will take place from 6 to 7:30 p.m. at the Bald Eagle State Park Environmental Learning Center, 149 Main Park Road, Howard, PA.

In addition to details about plans coming together to improve streams within the 44 square-mile watershed, there will be group discussions, questions and answers, free native plant seeds and fishing kits while supplies last, and refreshments. The public will also meet and hear from the Marsh Creek Conservation Partners behind the project.

A watershed-wide restoration and protection plan for the 88 miles of Little Marsh and Marsh Creeks is being coordinated with public and partner input with collaboration by Chesapeake Bay Foundation (CBF) Watershed Coordinator Caitlin Glagola.

The goal is to improve the health of the creeks. Some segments do not meet water quality standards because of excess sediment. Although the presence of sediment in streams is natural, excess sediment entering waterways from human disturbance can degrade habitat and food sources for aquatic life.

Glagola also coordinated with a group of partners to develop a restoration plan for the Halfmoon Creek Watershed that became eligible for federal funding after being approved by the Pennsylvania Department of Environmental Protection and Environmental Protection Agency.

“In Marsh Creek we are finding that fishing is a literal hook for recreation, so the community is interested in work centering around building and enhancing aquatic habitat,” Glagola said.

Glagola added that community conversations are key to success at Marsh Creek. “We want to make sure that whatever we put into the plan is something that the community is behind, that they support and agree with,” she said. “Science can tell you one way to do it, but blending science with local knowledge and values are what is going to be successful.”

The entrance to the Environmental Learning Center is located near the lower parking lot accessible from Marina Road. After entering the park, proceed to the first intersection and make a right turn onto Marina Road and then take the first right turn into the parking lot.

Partners to be at the event on June 8 include CBF, Centre County Conservation District, Trout Unlimited, Penn State Extension, U.S. Youth Fly Fishing Team, Pennsylvania Department of Conservation and Natural Resources, Pennsylvania Fish & Boat Commission, Bald Eagle Paddlers, Chesapeake Conservancy, and Herbert, Rowland & Grubic, Inc.