Press Release

The Chesapeake Bay Foundation (CBF) announced its endorsement of legislation to expand and strengthen hands-on, outdoor learning opportunities for elementary and secondary school students around the country.

The No Child Left Inside Act, which Rep. John Sarbanes (D-Md.) reintroduced for the 118th Congress today, would provide grants to states to integrate environmental education and field experiences into public schools’ core academic program and provide the necessary training to teachers.

The bill calls for the Department of Education to set up an environmental literacy advisory panel and coordinate environmental education activities across federal agencies. It also charges the department with posting information about federal environmental education resources on its website.

Studies have shown that outdoor learning engages students more than classroom instruction. Field experiences also help them develop important skills such as perseverance, self-confidence, and leadership. Students also report feeling more connected to nature.

Now in its 50th year, CBF’s award-winning environmental education program has been a cornerstone of our efforts to save the Bay and inspire future generations of Bay savers.

CBF educates tens of thousands of students, teachers, and school administrators a year—25 percent from under-resourced schools—through immersive field experiences and professional development courses that foster a lifelong connection to the watershed and its stewardship.

Original co-sponsors of Sarbanes’ bill include House Bay delegation members Dutch Ruppersberger (D-Md.) and Eleanor Holmes Norton (D-DC), and Reps. Shontel Brown (D-Ohio), Chellie Pingree (D-Maine), and Bonnie Watson Coleman (D-N.J.). Sens. Jack Reed (D-R.I.) and Susan Collins (R-Maine) introduced the Senate version of the No Child Left Inside Act today as well.

CBF Vice President for Environmental Education Tom Ackerman issued the following statement:

“Today’s students live in a world dominated by technology and challenged by disinformation about climate change. They rarely learn about, much less experience, how important a clean, healthy environment is to their future and the future of this planet.  

“No Child Left Inside would make a desperately needed down payment to help students develop the connection to nature and the critical thinking skills necessary to be creative environmental problem-solvers.  

“CBF appreciates Rep. Sarbanes’ unwavering commitment to promoting environmental literacy in the Bay watershed and around the country. We are proud to endorse his legislation and urge Congress to give environmental education the priority it deserves.”

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. The settlement is a significant step toward reducing pollution in Pennsylvania. It is the result of lawsuits filed against EPA during the Trump Administration by the Chesapeake Bay Foundation (CBF) and its partners including Anne Arundel County, the Maryland Watermen’s Association, and Robert Whitescarver and Jeanne Hoffman. The Attorneys General for Delaware, Maryland, the District of Columbia, and Virginia filed a separate similar suit. The courts combined the cases. The public will now have 30 days to comment on the proposed settlement before it can be finalized.

“This proposed settlement is a win for local waterways, healthy communities, and the Chesapeake Bay.  EPA focusing on concerted remedial action to address some of the most severe problems in Pennsylvania provides accountability and reasonable assurance that Bay restoration will succeed,” said CBF President Hilary Harp Falk. “This is a welcome change. The Trump Administration did not use its Clean Water Act tools to hold all Bay partners accountable. This proposed settlement shows that the Biden Administration has taken a significant step forward in meeting that obligation.” 

EPA previously failed to require Pennsylvania to develop a plan to fully meet the pollution reduction goals, including identifying the necessary funding, or impose consequences. The settlement requires EPA to, among other things, look for ways to reduce pollution from agriculture–the state’s biggest polluting source–and stormwater runoff from urban and suburban land. As part of the settlement, EPA also commits to increase compliance and enforcement efforts.

“Every state in the Bay watershed relies on the Chesapeake and its tributaries, economically, environmentally, recreationally, and culturally. We all have a stake in its restoration—and, despite budget constraints and the scope of the challenge, Delaware and most of our region have not backed down from our duty to the Bay and to future generations,” said Delaware Attorney General Kathy Jennings. “There’s work left to do, and this settlement is not the final step—but this work matters, and this agreement represents a huge step forward for the millions of people who depend on the Bay.” 

Under the settlement, EPA will prioritize its efforts in Pennsylvania on the counties that contribute the most pollution to, or have the largest impact on, local rivers and streams. Those are Lancaster, York, Bedford, Cumberland, Centre, Franklin, and Lebanon counties.

In the agriculture sector, EPA will take a close look at farms not currently required to have federal permits that have proximity to rivers and streams to see if there is significant damage to water quality from manure generation, manure management practices and/or available storage capacity, and compliance history. If EPA determines that a farm is a significant contributor of pollution, EPA will confer with Pennsylvania about designating the farm as a point source subject to permitting.

In urban and suburban areas, EPA will begin to evaluate whether pollution from sources of stormwater that are not currently subject to federal regulations are adding to the damage to local rivers and streams. If EPA determines that a particular source, or sector of sources, contributes to a violation EPA will, at a minimum, confer with the Pennsylvania Department of Environmental Protection (PA DEP). EPA and PA DEP will examine the possibility of designating the sources as needing to obtain a point source permit that limits pollution by requiring the removal of impervious surfaces, the installation of BMPs or both.

In enforcement, EPA will increase compliance-assurance activities in the priority counties to assess whether federally-permitted sources are complying with existing permit requirements.  EPA will also determine whether there are any PA DEP-issued general permits or individual permits within the Pennsylvania portion of the Bay watershed that have been administratively extended. EPA will work with the Commonwealth to develop a permit reissuance strategy designed to bring permits up to date and significantly reduce the number of administratively extended permits.

“Marylanders deserve a clean and healthy Chesapeake Bay. The Bay and its local waterways are vital social, economic, and cultural resources to communities across Maryland, but keeping them healthy is difficult when pollution from Pennsylvania washes downstream,” said Maryland Attorney General Anthony G. Brown. “The Chesapeake Bay Watershed Agreement only works if all the states that signed it maintain their commitment to restoring and protecting the Bay.” 

“Ensuring DC’s waterways and natural resources are clean, safe, and accessible for all DC residents is a top priority for the Office of Attorney General,” said District of Columbia Attorney General Brian Schwalb. “Every state in the Chesapeake Bay watershed shares a responsibility to clean up our local waterways, and the EPA must ensure that states fulfill those obligations. This settlement is an important step to ensure that the Chesapeake Bay’s pollution reduction goals continue to progress on track.”  

Reducing pollution remains the single most urgent priority to restore the Chesapeake Bay, and the Blueprint has proven to be the best way yet to do so. Since 2009, the partnership has put practices in place to reduce the nitrogen pollution flowing into the Bay each year by 30 million pounds—roughly 42 percent of the required reduction. Reducing pollution from agriculture and stormwater runoff is significantly behind.

Both CBF’s and EPA’s most recent evaluations of the watershed jurisdictions’ plans to meet the Blueprint requirements found that most states were not on track to meet Blueprint obligations by 2025, while noting that recent successes at the state level will accelerate pollution-reduction efforts.

“While 2025 will be yet another missed deadline, the Blueprint’s goal remains achievable and should remain our north star. At the same time, we must also recognize that our challenges have grown. Together, we must build on lessons learned and accelerate progress toward a new deadline measured in years – not decades,” Falk said. “As we celebrate the 40th anniversary of the Chesapeake Bay Program, this is a critical time to keep the pressure on. The states and District of Columbia must accelerate efforts to reduce pollution. EPA’s recent actions in Pennsylvania have signaled it will accept nothing less than full achievement of the Blueprint commitments. With leadership from EPA and Pennsylvania, I believe success is within reach.” 

Quotes from CBF’s partners

CBF’s partners in its original suit are Anne Arundel County, Maryland, the Maryland Watermen’s Association, and Robert Whitescarver and Jeanne Hoffman, who operate a livestock farm in Virginia.

Anne Arundel County, Maryland—Anne Arundel County’s 588 square miles of land includes more than 500 miles of shoreline on the Chesapeake Bay and its tributaries.  Its 580,000 residents and countless tourists are drawn to the county to enjoy the Bay, fresh seafood, and numerous water-based recreational opportunities. Travel and tourism spending in the county are estimated at over $3.5 billion annually, providing support for over 30,000 workers. The county has invested more than $500 million over the last decade to protect this vital natural, economic, and cultural resource.

“Protecting our waterways is only possible if we all work together,” said Anne Arundel County Executive Steuart Pittman. “Anne Arundel County is doing our part to protect and restore the Chesapeake Bay, and we need all of our regional partners to do the same to keep the Bay and our waterways healthy for all who depend on them.” 

The Maryland Watermen’s Association—Robert T Brown, Sr. is the President of the Maryland Watermen’s Association. He observed that Maryland watermen and the Chesapeake Bay and its tributaries have suffered for many years due to EPA’s failure to enforce the Clean Water Act. The pollution of waste and debris flowing from upstream states, through the Susquehanna River feeding into the Chesapeake Bay creates red tides, low oxygen levels and dead zones.  This affects the survival of oyster larvae, crabs, clams, and fish.

“This is a great step toward correcting the influence of phosphates and nitrogen entering the Chesapeake Bay from the Susquehanna River. This will help reduce the pollution that affects reproduction of aquatic vegetation and all Bay fisheries,” said Maryland Watermen’s Association President Robert T. Brown. “The Maryland Watermen’s Association is thankful as this will improve the quality of the water in the Bay and will improve the seafood industry harvest.” 

Robert Whitescarver and Jeanne Hoffman operate a farm in Virginia, raising livestock. He is a former Natural Resource Conservation Service representative, who spent his career educating farmers on the benefits of protecting farmland and improving water quality in local streams and rivers.

“Animal feeding operations, large or small, can contribute significant pollution to nearby streams. In addition, continuously applying animal manure to the same land can harm groundwater resources,” Robert Whitescarver said. “Monitoring these practices and making sure Best Management Practices are applied assures water quality improvement for the Bay and for people. We welcome EPA’s input to help Pennsylvania farmers do their part to save the Bay, its tributaries, and the water where they live.” 

The bill represents the most significant changes to the state’s Forest Conservation Act since it passed in 1991

The Chesapeake Bay Foundation (CBF) is celebrating the General Assembly’s formal approval today of legislation that will protect more forested land in Maryland.

SB 526 includes the most significant changes to Maryland’s landmark Forest Conservation Act since the law was passed more than 30 years ago. The new forest protections, among the strongest in the country, received strong bipartisan approval in both the Senate and House of Delegates.

CBF is now asking Gov. Wes Moore to sign the bill into law.

CBF and partner environmental organizations have been working for nearly a decade to update Maryland’s outdated forest protection requirements. The aging 1991 law was allowing consistent forest and tree canopy loss, contributing to a reduction of about 19,000 acres from 2013 to 2018, according to a study released last year by the Harry R. Hughes Center for Agro-Ecology. New construction was causing most of the forest and tree loss, according to the study.

The legislation approved by lawmakers this year simplifies the arcane formulas used to determine replanting requirements after construction crews clear trees, while also providing flexibility to jurisdictions to address growth needs such as affordable housing and transit-oriented development. Del. Sara Love and Sen. Sarah Elfreth were the lead sponsors of the legislation.

“We’re extending a hearty thanks to Maryland lawmakers today for their conscientious work to pass forest protection legislation,” said Matt Stegman, CBF’s Maryland Staff Attorney. “This bill is the culmination of years of effort to improve the state’s outdated 1991 Forest Conservation Act. The new protections in this bill will chart Maryland on a path toward forest growth rather than continue the state’s long history of forest loss. We look forward to Gov. Moore signing SB526 into law.”

The most significant changes in the legislation include:

• Setting a statewide goal to increase the acreage of forested land and tree canopy.
• Increasing replanting requirements for developers who clear forest by requiring them to replant each acre of forest cleared in most cases. Previously, developers were only required to replace a fraction, if any, of the forested land cleared for new construction.
• Providing local governments flexible options to stop net forest loss. These alternatives are coupled with regular reviews by the state’s Department of Natural Resources to ensure the local plans align with state forest protection goals.

The forest protection legislation comes as Maryland prepares for rising sea levels, stronger storms, and other harm caused by climate change. The National Oceanic and Atmospheric Administration predicts Chesapeake Bay sea levels to rise between 1.3 and 5.2 feet during the next century, which threatens coastal communities. Warming Bay temperatures threaten important species such as eelgrass, which forms critical habitat for blue crabs and fish.

Last year, the General Assembly passed the landmark Climate Solutions Now Act to lower statewide greenhouse gas emissions that are fueling climate change. In 2021, legislators approved a measure to plant 5 million trees in the state during the next decade.

“Protecting forests is an imperative step for Maryland to mitigate climate change,” said Doug Myers, CBF’s Maryland Senior Scientist. “The state is making a major investment to plant 5 million new trees, so it just makes sense to protect the ones we have and ensure private developers plant new trees after land is cleared.”

Myers added, “Trees are among our best natural defenses against climate change. Trees significantly cool the water when planted along streams and coasts; reduce flooding by soaking up water; sequester carbon in their branches, roots, and trunks; as well as filter air and water. Forests and tree canopies also serve as habitat for animals, provide recreation for residents and visitors, and beautify communities.”

Despite this, new construction projects such as mega warehouses and ongoing sprawl development continue to threaten large swaths of forested land in Maryland. Local jurisdictions have seen the need and have updated their policies to address ongoing forest loss in their communities. Since 2019, Anne Arundel, Howard, Frederick, and Montgomery counties have bolstered their local forest protections, underscoring the need for more robust statewide changes.

Organizations Hiring Experts for Hub to Support Communities Facing Flooding and Climate Change

Marking an important step in Virginia’s efforts to adapt to climate change and sea level rise, the Chesapeake Bay Foundation (CBF) and Old Dominion University (ODU) launched a new Resilient and Adaptable Communities Partnership this week. The partnership will help communities threatened by flooding, train the workforce needed to take action, and promote flood-protection projects that also lead to a healthier Chesapeake Bay. ODU is hiring four new research faculty positions and a program manager. 

“Action on climate change is essential to saving the Bay, and many nature-based practices both combat flooding and lead to cleaner waterways. As flooding and more intense storms increasingly upend the lives of people across Virginia, many academic, nonprofit, and government organizations are working to make communities and the Chesapeake Bay more resilient to climate change,” said CBF Virginia Policy and Grassroots Advisor Jay Ford.

“Complementing this work, our new partnership will help connect communities with resources and technical assistance to put resiliency projects on the ground that also support cleaner waterways,” Ford said. “Together, we will create a more resilient Virginia and healthier Chesapeake Bay for future generations.”

The partnership will cover three key areas: 

• Connecting cities and counties with funding from federal and state grants and other sources, as well as offering technical support and outreach to communities across Virginia. That includes designing and planning projects that address threats from flooding and storms and prioritizing nature-based practices like living shorelines. Because these practices rely on natural processes to absorb floodwaters and fight erosion, they also filter pollution and create habitat;
• Training the workforce needed to design and build projects that protect homes and businesses from extreme weather and flooding while benefitting the Chesapeake Bay. ODU will offer professional credentialing and academic degree programs, and;  
• Providing expertise and guidance to state and local governments in developing and implementing Virginia’s roadmap to a resilient future. That includes having a seat at the table at the Resilience Authority Workgroup under Virginia’s Department of Conservation and Recreation and supporting implementation of the Coastal Resilience Master Plan and Virginia Flood Protection Master Plan.

“This unique partnership furthers Old Dominion University’s commitment to building climate change resilience in Hampton Roads and beyond,” said ODU President Brian O. Hemphill, Ph.D. “Our faculty are on the frontline of sea level rise research, and together with CBF, we will help localities, nonprofits and businesses develop effective resilience solutions.”

The partnership stems from the 2022 legislative session, when Virginia legislators established a collaboration between ODU and CBF on resiliency issues for an initial two-year period. This week marks the launch of the program following a year-long planning process involving CBF, ODU’s Institute for Coastal Adaptation and Resilience (ICAR), state and local governments, and other stakeholders.

Virginia Delegate Barry Knight, who is Chairman of the Virginia House Appropriations Committee, was indispensable in supporting this partnership. “Flooding and sea level rise are already creating challenges for homes and businesses in Hampton Roads and across Virginia,” Knight said. “I’m proud of my work in the General Assembly to bring together ODU and CBF, two recognized Virginia experts in resiliency. This partnership creates an important hub that will provide communities with practical solutions to threats from flooding and extreme weather.”

The work of Virginia Senator George Barker, who is Co-Chair of the Senate Finance and Appropriations Committee, was also indispensable in establishing the ODU-CBF effort. “As we continue to feel the detrimental effects of climate change, we need to build community resilience,” Baker said. “I want to enable communities to address the threats and challenges climate change poses in their backyard. That is why I worked to ensure our state budget invests in this partnership between CBF and ICAR, which will directly help communities during this climate crisis.”

Jessica Whitehead, the Joan P. Brock Endowed Executive Director of ICAR, said: “We are so excited to work with the Chesapeake Bay Foundation to build out this partnership. There is a lot of work to be done, and we are glad to help add capacity for turning science into action.”

ODU is hiring a program manager and four new research faculty positions as Chesapeake Bay Foundation Resilience Fellows specializing in geospatial analysis, resilience planning, resilient engineering and design, and natural resource economics. Job postings for the research faculty can be found here, and the positions remain open until filled. 

CBF works to protect and restore the Chesapeake Bay and its rivers and streams, including addressing the causes and mitigating the effects of climate change. That effort encompasses the promotion of nature-based solutions to climate change, which also create habitat for wildlife and reduce pollution to waterways. 

ODU’s Institute for Coastal Adaptation and Resilience is a national center focused on the science and practice of coastal resilience, leading research, education, and community partnerships to develop practical solutions to challenges faced by communities.

I recently came back from a trip to Pittsburgh. My car and windshield were caked in dried road salt.

While this year has been relatively snow-free for much of the Keystone State, state and local road crews have been actively adding salt when the threat of wintry weather hits.

When I was a kid growing up in the Back Mountain area of Luzerne County, I remember snow covering the ground most of the winter.   

Pennsylvania is part of what’s called the Salt Belt, states that use a lot of salt on roadways to control snow and ice.

This winter, the state Department of Transportation (PennDOT) has budgeted over $212 million for clearing roads of snow and ice. Last winter, they applied over 801,000 tons of salt and over 525,000 tons of anti-skid materials to state roads. Thousands more tons were likely added by local municipal road crews.

For storm events last winter, PennDOT also pretreated roads with more than 10.3 million gallons of salt brine. The water in the brine evaporates and the remaining salt helps prevent ice from forming a strong bond with the road surface. 

Road salt is an unpurified version of good old table salt, sodium chloride. It helps melt snow and ice by lowering the freezing point below 32 degrees. 

Although the road salt seemingly disappears after doing its job, we often see it again caked onto our cars when the snowmelt dries. But it also accumulates in roadside soils and eventually can flow into the nearest river or stream.     

A study published in the Proceedings of the National Academy of Sciences suggests that salt ions are changing the chemistry of freshwater streams across the nation, including in Pennsylvania. Researchers analyzed five decades of data from 232 U.S. Geological Survey river and stream monitoring sites. They found that salt ions increased in rivers and streams that make up 37 percent of the contiguous United States. 

For our creek critters, salty streams are a toxic brew. But road salts also pollute nearby soils, kill trees and plants important for wildlife, corrode bridges, and pollute drinking water supplies. 

Studies by the Susquehanna River Basin Commission and others are gathering scientific data on the extent of the problem in Pennsylvania’s rivers and streams.   

My grandmother would often say “Moderation is key.” It applies to using road salt too. The right amount helps keep our roads safe, but too much pollutes our water, kills plants, and degrades our infrastructure.    

Around the home we can do our part by not using, or using far less, salt on driveways, sidewalks, and walkways. 

Safer alternatives, like calcium magnesium acetate (CMA) exist, but no perfect replacement has yet to emerge.  

If you use a deicer, be aware that some store-bought salt products may have toxic impurities or additives, like forms of cyanide. So read the label. 

Sand or even kitty litter are popular go-to alternatives to salt for improving traction on slick surfaces. But they too can find their way into streams where they can smother habitat important to fish and other aquatic life.

Regardless of which type of snow or ice melt you choose, proper application is key to preventing negative impacts. 

Frankly, snow is a good thing. Snowmelt is a big source of  cold groundwater feeding into our streams during the dry summer months  The cleaner it is, the happier and healthier iconic critters like our native brook trout and the Eastern hellbender will be.

So, as we await the next big one, remember that snow is also a good thing and obliterating it with salts can come at a big cost.  

On Friday, Chesapeake Bay Foundation (CBF), Dorchester Citizens for Planned Growth (DCPG), Friends of the Nanticoke River, ShoreRivers, and Wicomico Environmental Trust filed a legal challenge against Maryland Department of the Environment’s (MDE) newly issued wastewater discharge permit for Valley Proteins’ animal waste rendering plant in Linkwood.

The environmental organizations are challenging the permit due to the potential for the plant’s pollution discharges to contribute to unhealthy water quality in the Transquaking River, Higgins Mill Pond, and Chesapeake Bay. The lawsuit was filed in Dorchester County Circuit Court.

“MDE relied on insufficient data about the Transquaking River and its watershed when issuing this permit,” said CBF’s Eastern Shore Director Alan Girard. “While the agency claims the new permit would reduce pollutants, it doesn’t ensure water quality will be protected. The amount of pollution that MDE permits Valley Proteins to release into Dorchester County waterways will continue the long-term, well-documented harm this facility is causing in the Transquaking River watershed. The agency that issued the permit under the previous Governor’s administration must be held accountable for not meeting its obligation to protect water quality as required by federal law.”

The permit would not require Valley Proteins, now owned by Darling Ingredients, to make any significant changes to their operations for three years. It also allows the company to expand its wastewater discharge from an annual average of 150,000 gallons per day up to 575,000 gallons per day if the plant meets some slightly higher requirements for ammonia, biochemical oxygen demand, and dissolved oxygen. The plant’s previous five-year permit expired in 2006 and was not updated for 16 years, making it one of the longest administratively extended permits in the state’s history.

Under the law, the new permit is supposed to ensure that Higgins Mill Pond and the Transquaking River are safe for swimming, fishing, and wildlife habitat.

The water quality impairments where the plant discharges are well documented. Valley Proteins is the only point source polluter on the Transquaking River and, according to MDE documents, contributes about 40 percent of the river’s nitrogen pollution. In Higgins Mill Pond on the Transquaking, just downstream from Valley Proteins, fish kills have occurred, the water is not always safe for recreation, and aquatic life has decreased. Harmful algal blooms have been recorded in the pond, with a sign posted next to it warning residents not to touch the water.

In September 2022, the company settled a lawsuit with ShoreRivers, DCPG, CBF, and MDE related to past violations of the prior permit. That settlement required the company to pay $540,000 in civil penalties to the state and $135,000 to the non-profit petitioners for funding water quality monitoring and restoration. It also required Valley Proteins to investigate groundwater at the site and make facility and process improvements.

“We appreciate the efforts of the Maryland Department of the Environment to address the large volume of public comments that were received concerning the discharge from Valley Proteins. But, despite some improvements in water quality protections and discharge limits in the renewed permit, the agency appears to prioritize the interests of the operator over the health of the Transquaking River and the safety of our Eastern Shore residents,” said Matt Pluta, Director of Riverkeeper Programs at ShoreRivers. “Even with a Total Maximum Daily Load, or ‘pollution diet’ for the river issued in 2000, the Transquaking continues to show signs of degrading water quality with harmful algal blooms, high bacteria levels, and an overabundance of nutrients. Valley Proteins has spent years violating pollution controls, failing to modernize their wastewater treatment plant, and discharging unauthorized waste materials, and now is the time to chart a better path forward.”

MDE used information from the nearby Chicamacomico River to estimate whether the Transquaking River and downstream waters could handle the pollution from Valley Proteins. Unlike the Chicamacomico, the Transquaking has an impoundment that impedes its flow and creates Higgins Mill Pond. The Valley Proteins outfall is above the pond where effluent from the plant can linger an average of nine days. This creates conditions that fuel harmful algal blooms, low oxygen dead zones, and wildlife impacts, especially in hot weather.

“The proposed four-fold increase in wastewater discharge volume will only result in the death of the river unless the current treatment technology is brought to a much higher standard,” said Fred Pomeroy, President of the Board of Directors of Dorchester Citizens for Planned Growth (DCPG), a citizens group which has been trying since 2014 to get MDE to establish strong pollution limits for the rendering plant. “MDE should not allow Valley Proteins to dump increasing volumes of polluted wastewater into the Transquaking and the Chesapeake Bay. The technology exists for the company to clean up their operation, and it is incumbent on MDE to require them to do so.”

Jay Martin, President of The Friends of the Nanticoke River, noted the group joined many other citizens in the fall of 2021 in providing written and public testimony regarding the permit for Valley Proteins.  “We are dismayed that our and others’ expressions of concern appear to have been dismissed. The effects of overwhelming nutrient pollution of the Transquaking River propagate downstream and have the potential to measurably degrade the water quality of Fishing Bay and of the Lower Nanticoke River,” Martin said.

“We’re concerned about the effect of a massive increase in the rendering plant’s discharge to groundwater, which could imperil the health of residents throughout the Lower Eastern Shore area, particularly those who rely on well water,” said Madeleine Adams, President of the Wicomico Environmental Trust. “The way we treat our water has far-reaching implications, given the interrelationship of the health of the watershed and quality of life, public health, and the economic health of the region.”

The lawsuit seeks to remand the permit back to Maryland Department of the Environment so the agency can address deficiencies, protect water quality and communities from harm, and fully comply with the law.

Until recently, MDE inspections and enforcement activity were declining at an alarming rate.  Maryland’s new Governor has pledged $3.7 million to help MDE fill staffing vacancies and deal with an extensive backlog of administratively extended permits like the one renewed for Valley Proteins.

The Chesapeake Bay Foundation (CBF) will be advocating for five priority bills designed to bolster the Bay’s natural filters and improve water quality during the 2023 Maryland General Assembly session.

Natural filters are plants or organisms capable of removing Chesapeake Bay-choking water pollutants such as nitrogen and phosphorus by purifying air and water. CBF’s 2022 State of the Bay report found an urgent need to expand the use of natural filters, which are often the most cost-effective methods to clean our waterways. This year, CBF is focusing on legislation to better protect trees and forested land, increase the use of living shorelines along Maryland waterfront, and support the oyster aquaculture industry.

These investments in long-term natural filters will help Maryland reach the requirements of the 2025 Chesapeake Clean Water Blueprint and mitigate the harmful effects of climate change.

Strengthen forest protections: 

Forested land in Maryland is being lost at an alarming rate. A new study released in 2022 by the Harry R. Hughes Center for Agro-Ecology at the University of Maryland found that the state lost nearly 19,000 acres of forest and other tree canopy from 2013 to 2018, with much of that loss concentrated in growing suburban counties near Washington, D.C.

Maryland’s continuing loss of forested land makes the state more vulnerable to the harm caused by climate change such as increasing temperatures and stronger storms that bring greater flooding risks. Trees and, to a greater extent, forest ecosystems filter air and water, provide habitat, reduce erosion, and improve human health and well-being. Trees can provide more of these benefits as they grow older and larger, underscoring the importance of protecting Maryland’s existing forested land rather than using sapling replacement for trees that have been removed.

SB526/HB723 – Forest Preservation and Retention 

This new bill would update the state’s outdated 1991 Forest Conservation Act to better define and protect contiguous forests and tree canopy. The legislation aims to reverse the long-term loss of forested land from development activity and allow restoration efforts to move the state toward net gain of forest cover and tree canopy. It does this by raising the bar for forest protection while giving counties and municipalities the flexibility to create specific plans to meet forest retention goals. The bill helps combat fragmentation of forest patches and recognizes the important role trees play in urban and suburban communities by incentivizing protections for this vital foliage.

“Forests are among the most critical natural resources to protect Maryland from climate change,” said Erik Fisher, CBF’s interim Maryland Executive Director. “If we continue to lose tree cover and forested land at the rate we have in the past, our efforts to safeguard communities against flooding and excessive heat, protect wildlife, and clean up the Chesapeake Bay will be more difficult and expensive. We urge legislators to support this bill that will better protect the state’s forested land and tree canopy while providing cities and counties with the flexibility needed to effectively manage growth.”

Promote living shorelines: 

Throughout Maryland, armored shorelines such as rip rap and bulkheads remain a primary approach to protect properties from erosion instead of living shorelines composed of sand, grasses, and other natural elements. Living shorelines provide more environmental benefits and flooding protection than armored alternatives.

Hardened shorelines compose more than 1,000 miles of Maryland’s 7,000 miles of coastline, despite Maryland law requiring living shorelines as the primary option for coastal resilience. Maryland’s Department of Environment (MDE) routinely grants waivers for property owners to authorize armored shorelines rather than living shorelines.

SB417/HB602 – State Wetlands and Shoreline Restoration 

This new bill aims to curb the continued widespread use of armored shorelines and clarify existing law by directing the installation of shorelines that increase the resilience of the land and natural habitat. The legislation also calls on MDE to identify priority restoration zones where adding living shorelines would prevent erosion and improve habitat connections between land and water.

Lastly, the bill would invigorate a Maryland program to provide financial assistance to residents who replace a hardened shoreline with a living shoreline in a priority restoration zone.

“Constructing more living shorelines and expanding wetlands are our best ways to prepare Maryland’s coastline as sea levels rise due to climate change,” said Doug Myers, CBF’s Maryland Senior Scientist. “Scientists predict sea levels in cherished coastal areas such as Annapolis will rise 1.5 feet by 2050 and 3 feet by 2100, which would overwhelm our current infrastructure. If we continue armoring our shorelines in the face of this reality, we’ll displace floodwaters to communities that can’t afford to build ever-higher sea walls. Prioritizing living shorelines now will ensure more impactful solutions are in place as threats to Maryland’s coastal communities continue to grow.”

Expand oyster aquaculture: 

CBF is pursuing a package of three bills this year geared toward boosting the state’s oyster aquaculture industry.  Since 2012, the state’s oyster aquaculture industry has grown by about 24 percent per year. With continued growth, the industry has the potential to substantially contribute to oyster recovery in the Bay and to Maryland’s economy, according to an economic analysis commissioned by CBF in 2020.

Maryland has an opportunity this year to increase the amount of Bay floor used for aquaculture conservation and improve opportunity within the industry.

SB437 – Reforming Aquaculture Leasing and Increasing Industry Representation 

This bill would streamline the state’s approval process for aquaculture leasing, ensuring that applications that meet all regulatory requirements and receive no protests are processed within six months. Currently, some new businesses wait years for oyster aquaculture lease applications to be approved. The bill further directs state agencies to identify state-owned land with waterfront appropriate for aquaculture leasing and directs leases adjacent to those lands to be fast-tracked. Finally, this bill adds representation for the aquaculture industry to key advisory boards and commissions to make sure the needs of the growing industry are considered in state policy making.

SB433 – Woman- and Minority-Owned Shellfish Aquaculture Enterprise Fund 

To assist individuals who have historically been underrepresented in the state’s commercial fishing industry, this bill would provide zero interest loans up to $50,000 to new aquaculture businesses owned by a woman or minority community member. This will help entrepreneurs make critical start-up investments in equipment, infrastructure, training, or staff to start or expand their oyster aquaculture business. This program would work with existing loan programs to create new opportunities in this growing industry for women and minority business owners.

SB434 – Restorative Aquaculture Pilot Program

This third piece of oyster aquaculture-related legislation would create a pilot program to provide financial incentives for aquaculture businesses that achieve similar oyster population and habitat improvements as oyster reef restoration projects. This program creates a win-win situation by keeping water-purifying oysters in the Bay for longer periods of time.

“Oyster aquaculture is a restorative industry in which business owners invest their own capital to add  oysters to Maryland waters,” said CBF’s Maryland Senior Fisheries Scientist Allison Colden. “It makes sense for the state to make targeted investments to accelerate the industry’s growth. Making oyster aquaculture leases easier to obtain and helping entrepreneurs start new businesses are effective ways to do just that.”

State Budget Priorities: 

CBF is also urging state lawmakers to support the following items as part of the budget process:

• Increased staffing for pollution control and water quality inspectors.
• $15 million to continue planting new trees under the Tree Solutions Now Act so Maryland can meet its goal of planting 10 million trees during the next decade.
• $2 million for a new Bay Bottom Survey to update maps from the 1970s and 1980s to help identify oyster and underwater grass habitat.
• Fully funding the Bay Restoration Fund, Program Open Space, and the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund.

The Chesapeake Bay Foundation (CBF) is pleased to announce that Carmera Thomas-Wilhite has joined the organization as Vice President for Diversity, Equity, Inclusion, and Justice. CBF is dedicated to a thriving Bay that provides for the health, wellbeing, and quality of life of the nearly 19 million people who call the Bay region home.  

Generations of racism and discriminatory policies have created a society where the burdens of an unhealthy Bay are not borne equally. Equitable solutions to these issues require the voices and input from the communities disproportionally impacted. But for too long, the environmental movement, CBF included, has not provided adequate space for these leaders.  

Ms. Thomas-Wilhite returns to CBF after serving as the Director of Urban Conservation Initiatives at The Conservation Fund. Before joining The Conservation Fund, Carmera was the Baltimore Program Manager at the Chesapeake Bay Foundation, where she began her career as a member of the inaugural class of the Chesapeake Conservation Corps. 

“We are thrilled to have Ms. Thomas-Wilhite back as we continue our work to become a more inclusive and just organization,” said CBF President Hilary Harp Falk. ”Her leadership in equitable access to the outdoors and developing meaningful partnerships will build a better CBF and stronger clean water movement.” 

In this position, Ms. Thomas-Wilhite will lead CBF’s internal efforts to build equity into all facets of the organization and external efforts to advance meaningful engagement with underrepresented communities, especially those impacted by environmental injustices in the Chesapeake Bay region.  

“The effects of pollution and climate change touch the lives of all of us, so it is essential that all have a voice in the solutions,” Carmera Thomas- Wilhite said. “I am committed to help make that happen, both within CBF and across the broader Bay restoration community.” 

Ms. Thomas-Wilhite currently serves as the Vice Chair of the board for Anne Arundel County Watershed Stewards Academy, a board member of Waterfront Partnership of Baltimore, Inc., and is a member of the Anne Arundel County Citizen Environmental Commission. Carmera earned her B.S. in Biology from North Carolina Wesleyan University. She enjoys camping and spending time with her friends and family, especially, her husband and dog.  

Ms. Thomas-Wilhite has roots in this area, spending summers at her grandparents’ house fishing and swimming in the Severn River with her cousins. She and her husband live in Crofton. 

Student Artwork on Display Through Feb. 9

A new Bay art exhibit by Virginia Beach Middle School students is on display at the Chesapeake Bay Foundation’s (CBF) Brock Environmental Center through Feb. 9 from 8:30 a.m. to 5 p.m. The exhibition is a collaboration between CBF and sixth and seventh grade students in the Gifted Visual Arts Program at Virginia Beach Middle School. 

The artworks reflect the students’ experiences on a hands-on boat trip on the Lynnhaven River and Chesapeake Bay led by CBF educators last September. Students crabbed, fished with nets, identified aquatic species, and discussed how to spread awareness about Bay issues through art.

“Through this hands-on learning experience, students were immersed in their local aquatic environment, learning to collaborate with their peers and community, and gaining inspiration to use their artistic expression to promote positive environmental change,” said Jessica Provow, Gifted Visual Arts Instructor for Virginia Beach City Public Schools. “Students learned they have a voice through their art, how the world around them is a place of inspiration, and how building community is a beautiful way to share knowledge and grow. From start to finish, this project empowered our artists and pushed their understanding of the learning.” 

Every year, CBF leads about 1,500 Hampton Roads students in hands-on educational field experiences. 

“CBF Education is dedicated to working with Virginia Beach Public Schools to find exciting opportunities to connect students with their local environment through field experiences, teacher professional learning, and student leadership opportunities,” said CBF Education Engagement Coordinator Kathlean Davis. “The exhibit at the Brock Center is a great reflection of this dedication to elevating student experiences and voices.”

This opportunity was made possible by a Virginia Beach City Public Schools Innovative Learning Grant, and grant underwriter, Mike Ross from HBA Architecture. 

In separate bills approved this Sunday, the Virginia Senate and House of Delegates released proposed amendments to Virginia’s two-year state budget.  Building on proposals made by Governor Youngkin, the House and Senate amendments would provide additional funding for state programs that reduce pollution to the Chesapeake Bay and rivers and streams across the Commonwealth. 

A conference committee of legislators will now negotiate a single set of budget amendments, which will need approval from Governor Youngkin before becoming law.

The House and Senate proposals include the following levels of funding:  

• Virginia’s Agricultural Cost-Share (VACS) and related programs: Both the House and the Senate would add $137.1 million in cost-share grants to farmers who adopt important conservation practices that keep soil and fertilizer out of waterways. This amount would be in addition to the appropriation of $237 million over two years for these programs by the General Assembly in early 2022.  
• Legislators in both Houses also propose several other amendments to enhance pollution reduction from farms, including $12.9 million to incentivize farmers to adopt the most cost-effective farm conservation practices (stream fencing, nutrient management plans, and forested buffers) and $1 million for engineering and other tools the Soil and Water Conservation Districts need to help farmers adopt these practices.   
• Wastewater Treatment Plant Upgrades: Under both budget proposals, $237 million would be provided to sewage treatment plants to continue upgrades that reduce nitrogen, phosphorus, and sediment pollution. This amount would be in addition to the $70 million appropriated in early 2022 for the two-year budget period.  
• Combined Sewer Overflows (CSO): Both the House and the Senate would provide an additional $100 million for the City of Richmond to continue modernizing its outdated combined sewer system that currently allows raw sewage to be discharged into the James River in times of heavy rains.  This would be in addition to appropriations in early 2022 for reducing CSOs in Richmond ($100 million), Alexandria ($40 million), and Lynchburg ($25 million).
• Stormwater Management: The House proposes an additional $10 million, and the Senate seeks an additional $20 million, for the Stormwater Local Assistance Fund (SLAF) which provides grants to localities for projects that reduce polluted runoff.  These amounts would be in addition to the $25 million appropriated for SLAF in 2022.    
• Forest and tree canopy enhancement: The Senate proposes $500,000 for the Virginia Department of Forestry to conduct a technical study of changes in forests and tree canopy. This study will help Virginia and its localities protect and enhance forests, which are essential for healthy streams and the Chesapeake Bay.  
• Oyster Shell Recycling: The Senate urges the appropriation of $100,000 to support oyster shell recycling. 

Chesapeake Bay Foundation Virginia Executive Director Peggy Sanner issued the following statement. 

“These investments are crucial for Virginia to make progress toward meeting its longstanding commitments to reduce pollution to waterways under the Chesapeake Bay Clean Water Blueprint. Inflation and climate change are adding significant challenges to Bay restoration efforts. 

“About 90 percent of Virginia’s remaining pollution reductions must come from agriculture. Increasing investment Virginia’s successful agricultural cost-share program, combined with innovative approaches that incentivize the most effective farm practices, will both help farmers and lead to healthier waterways. 

“As these budget proposals demonstrate, Virginia legislators are committed to supporting existing and new pollution reduction programs that will continue progress in restoring our streams and the Chesapeake Bay. We look forward to a final budget that will accelerate this important work.”