Press Statement
Virginia Governor Glenn Youngkin today issued an executive directive on Chesapeake Bay restoration.
This comes less than a week before Gov. Youngkin is scheduled to discuss Chesapeake Bay issues with Maryland Gov. Wes Moore, Pennsylvania Gov. Josh Shapiro, and other federal and state leaders at the Chesapeake Executive Council meeting in Annapolis, Md., on Dec. 10.
The officials are expected to chart a path forward during a pivotal time for the Chesapeake Bay.
States in the Bay watershed are expected to miss 2025 deadlines to reduce pollution to the Chesapeake, and new science shows that changes are needed to ensure a healthier Bay. Leaders must also confront mounting challenges from climate change, population growth, and development.
Next week, Virginia and other states in the Chesapeake Bay watershed will consider updating the 2014 Chesapeake Bay Agreement.
Chesapeake Bay Foundation Virginia Executive Director Chris Moore issued the following statement.
“Chesapeake Bay restoration is at a crossroads. Governor Youngkin rightly recognized that, to leave a thriving Chesapeake Bay for future generations, Virginia needs leadership, innovation, and a focus on measurable results. Virginia’s upcoming legislative session is a prime opportunity for the Commonwealth to continue our important investments in cleaner waterways and iconic living resources.
“Over the next year, leaders across the Chesapeake Bay watershed are expected to update the multi-state agreement that guides Bay restoration.
“We’re encouraged that Governor Youngkin’s directive points to the importance of living resources like crabs, oysters, and wetlands, and calls for accelerating the need for monitoring to assess our results, and targeting investments where they will make the biggest difference.
“We thank Governor Youngkin for his recommitment to the Chesapeake Bay Agreement at this critical time.”
The House of Representatives yesterday passed popular bipartisan legislation renewing several key Chesapeake Bay restoration programs that fund conservation and water quality projects in communities across the watershed.
The America’s Conservation Enhancement (ACE) Reauthorization Act, co-sponsored by Reps. Rob Wittman (R-Va.), Jen Kiggans (R-Va.), Mike Thompson D-Calif.), and Debbie Dingell (D-Mich.), cleared the House by an overwhelming vote of 366-21.
The legislation extends the historic ACE Act of 2020, which President Trump signed, another five years, through fiscal year 2030. It reauthorizes EPA’s Chesapeake Bay Program at $92 million annually; renews the Fish and Wildlife Service’s Chesapeake Watershed Investments for Landscape Defense (WILD) program at $15 million annually; and re-ups the National Park Service’s Chesapeake Gateways and Watertrails program at $3 million a year.
These programs fund competitive grants that finance a variety of local projects to restore the Bay, its rivers and streams, and essential fish and wildlife habitat, and conserve important cultural, recreational, and historic resources in the six Bay states and the District of Columbia.
The ACE Reauthorization Act also extends the North American Wetlands Conservation Act and the National Fish and Wildlife Foundation (NFWF) through fiscal 2030. NFWF was created by Congress in 1984 and awards grants for conservation projects across the country. NFWF administers the Bay Program’s two main grant programs and Chesapeake WILD grants.
The Senate passed a version of the bill with higher funding levels in May. The House version keeps spending on all three programs levels constant with current funding. The two chambers must come to an agreement on which version is sent to the President’s desk.
The Senate bill is co-sponsored by Senate Environment and Public Works Committee Chairman Tom Carper (D-Del.), Ranking Member Shelley Moore Capito (R-W.V.), and Sens. Ben Cardin (D-Md.), and Chris Van Hollen (D- (D-Md.).
Chesapeake Bay Foundation (CBF) Federal Director Keisha Sedlacek issued the following statement:
“With the 2025 deadline fast approaching and a new presidential administration about to take office, the Bay restoration effort is at a critical juncture. Renewing the ACE Act will ensure the Bay jurisdictions and their federal partners have the resources and authority they need to tackle coming challenges.
“We’re excited to see the America’s Conservation Enhancement Reauthorization Act nearing the end of the legislative finish line with such strong bipartisan support.
“The 119th Congress is almost over. We urge the House and Senate to quickly reconcile their differences in funding levels and send this important bill to President Biden’s desk.”
Vincent O. Leggett, the founder and president of Blacks of the Chesapeake and longtime advocate for the Bay’s history, culture, and communities, passed away last weekend.
Chesapeake Bay Foundation President and CEO Hilary Harp Falk issued the following statement.
“We are devastated by the loss of Vince Leggett. Vince leaves behind a legacy of a more complete and vivid telling of the history of the Bay and its people.
“We are all better for his leadership in celebrating the region’s rich Black history. We will miss his partnership and friendship. Fair winds and following seas, Admiral.”
CBF Vice President for Diversity, Equity, Inclusion & Justice Carmera Thomas-Wilhite issued the following statement.
“Vince Leggett was not only a mentor, but a friend. He was always an advocate for the next generation. It was an honor to learn from him. We will celebrate his legacy by continuing to share stories from all communities around the Bay.”
In a huge win for clean water and the health of the Chesapeake Bay’s tributaries, the Circuit Court for Dorchester County has ruled that the Maryland Department of the Environment (MDE) must revise its newly-issued, yet harmfully inadequate, wastewater discharge permit for Valley Proteins’ animal waste rendering plant in Linkwood on Maryland’s Eastern Shore.
The Chesapeake Bay Foundation (CBF), Dorchester Citizens for Planned Growth (DCPG), Friends of the Nanticoke River, ShoreRivers, and Wicomico Environmental Trust (WET) challenged the state’s permit in February 2023 for its failure to meaningfully reduce the plant’s discharge of wastewater that contributes to unhealthy water quality in the Transquaking River, Higgins Mill Pond, and Chesapeake Bay. The Valley Proteins plant is currently owned by Darling Ingredients.
The permit would have failed to meaningfully reduce the amount of nutrients—nitrogen and phosphorus—in Valley Proteins’ Transquaking River watershed. In fact, the permit would have allowed Valley Proteins to expand its wastewater discharge from an annual average of 150,000 gallons per day to up to 575,000 gallons per day if the plant meets certain discharge requirements for ammonia, biological oxygen demand, and dissolved oxygen.
Under the court’s decision, MDE must revise the permit to be consistent with state and federal law. A revised permit that better controls the rendering plant’s discharge is an important step toward reducing pollution to Dorchester County’s waterways.
CBF Maryland Advocacy Director Alan Girard issued the following statement:
“We are pleased with the court’s decision to require MDE to revise its permit. Valley Proteins contributes significantly to the annual nitrogen load discharged into the Transquaking River watershed every year. The previous permit did not ensure that the river and Higgins Mill Pond are safe for swimming, fishing, and wildlife habitat, as mandated by Maryland and federal law.”
DCPG President Fred Pomeroy issued the following statement:
“DCPG believes that concerned citizens have the right to appeal to the judicial system when the environment continues to be damaged as the result of state agencies failing to do their job. That is why, after 10 years of water testing continuing to document dangerous and illegal pollution levels in the Transquaking, we joined with other environmental organizations in asking the Circuit Court to remand the inadequate operating permit for Valley Proteins back to MDE for strengthening. We are pleased that the court acted on the strength of our arguments and we look forward to a new era of improving water quality on the river.”
The Friends of the Nanticoke River President Jay Martin issued the following statement:
“The Friends of the Nanticoke River are encouraged by this decision. Valley Proteins has shown disdain for regulation of its wastewater discharge into the Transquaking River. A meaningful discharge permit is needed to address the systemic problem of eutrophication of the river and the downstream waters it connects with. The court has sent a clear message that we need more comprehensive oversight to ensure our waters are safe and healthy for all species that rely on them.”
Choptank Riverkeeper and Director of Riverkeeper Programs at ShoreRivers Matt Pluta issued the following statement:
“The court’s decision in this case makes a statement that no river is worth giving up on, and recognizes the value of clean water and in doing all we can to ensure that our waterways are swimmable and fishable. Higgins Mill Pond and the upper Transquaking River are valuable resources that have repeatedly been neglected, and we hope that—through this remand—the state will seek opportunities to meaningfully protect and restore them, and reverse the long history of pollution impacts. We thank the court for making the right decision for these waterways and look forward to seeing MDE’s next steps.”
WET President Dr. Charles Stegman issued the following statement:
“The Wicomico Environmental Trust applauds the court’s careful analysis of the facts and law regarding federal and state water quality requirements and its focus on ‘real-world real-time data’. Reevaluation of these permit provisions is critical to the health of our watershed and of those who depend on it for their livelihoods and health.”
Decision Signifies Major Win for Chesapeake Bay Restoration
A judge in Floyd County released his opinion November 20 stating that Virginia unlawfully withdrew from the Regional Greenhouse Gas Initiative (RGGI), a multi-state carbon emission reduction program that also provided much needed funding for energy efficiency and resilience programs in the Commonwealth.
In 2023, the Southern Environmental Law Center (SELC) filed a lawsuit challenging Virginia Gov. Glenn Youngkin’s repeal of regulations that govern Virginia’s participation in RGGI. Ahead of a February 5 court hearing, the Chesapeake Bay Foundation filed a supporting brief arguing for Virginia’s continued participation in RGGI.
In its amicus curiae brief, CBF emphasized the importance of RGGI. Proceeds from the program provided consistent and dedicated funding to flood prevention projects that prioritize nature-based resiliency solutions from the Eastern Shore to southwest Virginia. These projects can reduce pollution to waterways while alleviating flooding.
Virginia joined RGGI in 2020 through legislation passed in the General Assembly. The program, implemented in 12 Eastern states, sets a regional limit on carbon dioxide emissions from power plants. The emissions cap lowers over time, leading to cleaner air and less pollution to waterways while reducing emissions that contribute to climate change.
Over 85 million pounds of nitrogen—about one-third of the Bay’s total yearly load—reach the Chesapeake Bay through airborne pollution from fuel-burning vehicles and power plants. Once it reaches the Bay, nitrogen fuels algal bloom growth. As the algae dies, oxygen in the water is depleted, creating “dead zones” in the Bay. Curbing carbon dioxide emissions through RGGI also helps reduce the amount of nitrogen pollution reaching the Bay.
Chesapeake Bay Foundation Virginia Staff Attorney Patrick Fanning issued the following statement:
“This decision marks a huge victory for Virginians and the rule of law. The Court’s opinion makes clear that Virginia law requires RGGI participation. We look forward to Virginia’s return to RGGI, which will help reduce harmful carbon dioxide emissions from power plants and will also restore the only dedicated funding source for flood resilience in the Commonwealth.
“We are grateful to the Southern Environmental Law Center for leading the fight to protect a program that strengthens our communities’ resilience to extreme weather while driving pollution reduction to the Chesapeake Bay.”
The Chesapeake Bay’s dead zone, a low-oxygen area that can smother underwater life, was about average in size in 2024, according to data released today.
The results come during a crossroads for the Chesapeake Bay, as leaders from across the region plan to meet in December to chart a course for Bay cleanup beyond a long-anticipated 2025 deadline.
The dead zone forms every year in parts of the Bay and its tidal rivers during warmer months. It is defined by areas where oxygen levels are so low that the water cannot support fish, blue crabs, oysters, and other aquatic life. This is caused by explosions of algae growth, called algal blooms, which are fed by nitrogen and phosphorus pollution and thrive in warm temperatures. The algae cloud water and suck up oxygen as they decompose.
Dead zone fluctuations from year to year are often connected to weather. Heavy rainfall can wash more pollution into the Bay in the form of runoff. High summer air and water temperatures, driven by climate change, and light winds can also induce the right conditions for excessive algae growth. Work to prevent excess nitrogen and phosphorus pollution is the best way to limit the size of the dead zone.
Despite progress in recent years, states in the Bay watershed will not meet pollution-reduction commitments by a 2025 deadline. The region’s governors, and other state, local, and federal leaders, must confront this challenge at the Chesapeake Executive Council meeting on Dec. 10 in Annapolis, Maryland.
The Maryland Department of Natural Resources and Virginia Institute of Marine Science monitor the size of the dead zone and the EPA’s Chesapeake Bay Program releases this annual report. In 2023, results showed the smallest dead zone since monitoring began in 1985.
CBF Vice President for Environmental Protection and Restoration Alison Prost issued the following statement.
“The only way to shrink the Chesapeake Bay’s dead zone is by working across state lines. Too much pollution from six states and Washington, D.C., still flows into the Bay and fuels this degrading phenomenon that chokes underwater life. Thankfully, Bay restoration science continues to evolve highlighting ways we can be more efficient and targeted in our pollution reduction efforts.
“For decades, the Bay restoration partnership has brought federal, state, and local efforts together around common goals for a healthier Chesapeake Bay. As the 2025 deadline approaches, we’re at a crossroads.
“At the Chesapeake Executive Council meeting this December we must see leadership, partnership, and accountability. That starts with the region’s governors and other leaders coming together in person on December 10, where they must recommit to the Bay restoration partnership and pledge to update the Chesapeake Bay Agreement’s goals by the end of 2025.”
Today, the Senate Committee on Energy and Natural Resources unanimously voted the Chesapeake National Recreation Area Act (S.2620) out of committee. Introduced in July 2023 by Senator Chris Van Hollen (D-MD), the legislation would create a Chesapeake National Recreation Area (CNRA). The CNRA would designate a collection of new and existing parks and protected lands along the Chesapeake Bay and its tidal waters in Maryland and Virginia as part of the National Park System.
For decades, legislators and advocates have discussed efforts to recognize America’s largest estuary with a national designation. The creation of the CNRA would be a historic step to celebrate and protect this national treasure. It also would help introduce future generations to the Chesapeake Bay by increasing public access and strengthening the culture of stewardship across the region.
In response, leaders from Chesapeake Conservancy, Choose Clean Water Coalition, National Parks Conservation Association, and Chesapeake Bay Foundation issued the following statements:
Chesapeake Conservancy President & CEO Joel Dunn said:
“Thanks to Senator Van Hollen’s leadership, this is a great day for the Chesapeake Bay, with another step forward in the four-decade effort to establish National Park Service recognition for the nation’s largest estuary. The Chesapeake Bay is as spectacular as Yellowstone or Yosemite, as great as the Great Smokies and as grand as the Grand Tetons. Establishing the Chesapeake National Recreation Area expands resources for environmental protection and makes it clear that the United States cherishes the Chesapeake, the birthplace of American identity. As a great gift to future generations, this legislation ensures public access to our nation’s largest estuary while providing for the needs of those who live here and depend on the bay for their livelihood.”
Choose Clean Water Coalition Director Kristin Reilly said:
“Our National Park System plays an invaluable role in helping the public access and enjoy our most precious natural resources. As the epicenter of so much history, culture, and economic growth, it’s high time for the Chesapeake Bay to receive a national designation.
“This recognition will enhance and expand public access to the Bay, helping introduce this national treasure to future generations. We’re grateful for Senator Chris Van Hollen’s leadership on the creation of a Chesapeake National Recreation Area and look forward to working with all members of the Chesapeake Bay watershed’s congressional delegation to pass this legislation.”
National Parks Conservation Association President and CEO Theresa Pierno said:
“The natural beauty and significant history of the Chesapeake Bay should be protected for all to know, and for many more visitors to explore. The watershed has sustained Tribal nations for centuries, is home to thousands of plant and animal species, and is rooted in some of our most consequential American history.
“The Chesapeake National Recreation Area will better connect green spaces and waterways, improve access and help build a more sustainable future for those that live, work and adventure in the Bay. We are grateful to Senator Van Hollen for his leadership in spearheading this legislation, which is now moving us one step closer to becoming our next national park site.”
Chesapeake Bay Foundation Federal Policy Coordinator Annabelle Harvey said:
“The Chesapeake Bay is a national treasure worthy of national recognition. Its natural wonders, unique maritime culture and thousands of years of fascinating history deserve the additional resources, attention, and access a national recreation area designation would bring.
“The Chesapeake Bay Foundation is pleased to see the Senate Energy and Natural Resources Committee acknowledge that by approving Sen. Van Hollen’s Chesapeake National Recreation Area Act. We thank the committee for moving this important bill forward and urge congressional leaders to act quickly to complete work on it.”
The draft Farm Bill text released by Senate Agriculture Committee Chairwoman Debbie Stabenow (D-Mich.) contains several provisions the Chesapeake Bay Foundation (CBF) supports, including improvements to a key buffer program, strengthening conservation investments in the watershed, and protecting additional funds for climate-smart farming practices.
Stabenow’s reauthorization bill, titled the Rural Prosperity and Food Security Act, would double the maximum payment under the Conservation Reserve Enhancement Program (CREP) and make it easier for states to adopt new conservation incentives to offer to farmers.
CREP is the top source of cost-share funding available to watershed farmers who plant forested buffers on their land. Buffers stabilize stream banks, prevent erosion, filter pollution, and keep livestock out of waterways. They are among the most cost-effective conservation practices for improving water quality and soil health. Planting more forested buffers is critical to improving the health of the Bay ecosystem.
Stabenow’s bill would incorporate the Chesapeake Bay States Partnership Initiative (C-SPI) into the Farm Bill, effectively ensuring the program’s continued operation. The Department of Agriculture created C-SPI in 2022 to invest an additional $22.5 million to expand watershed farmers’ use of conservation practices. Reducing nutrient runoff from farmland is essential to restoring the Bay and its rivers and streams.
The bill also protects the $20 billion set-aside for climate-smart conservation measures in the 2022 Inflation Reduction Act by moving it into the Farm Bill and maintaining its focus on tackling climate change and promoting farm resiliency.
Congressional efforts to reauthorize the 2018 Farm Bill have been in limbo since it first expired on October 1, 2023. Congress extended its authority through September 30 but failed to renew it before authority for several conservation programs expired again on October 1.
CBF Federal Director Keisha Sedlacek issued the following statement:
“The strong conservation and climate focus of Chairwoman Stabenow’s draft Farm Bill is good news for efforts to restore the Bay and boost its resilience to climate change. CBF particularly appreciates the inclusion of restoration priorities like simplifying the Conservation Reserve Enhancement Program and making the Chesapeake Bay States’ Partnership Initiative a permanent part of the Farm Bill.
“Nutrient runoff from farmland is the largest source of water quality impairment in the Bay watershed. Increasing agricultural conservation is essential to restoring the Bay and its waterways. Making our farms more resilient to disastrous climate change effects like heat waves, drought, and extreme storms is equally important to our region’s economy and culture.
“Time is running out for the 118th Congress to update the Farm Bill. CBF thanks Chairwoman Stabenow for moving the process forward with this legislation. Farmers in the watershed and around the country shouldn’t have to wait any longer. We urge Congress to finish work on a new Farm Bill while there is still time this year to get the job done.”
At a critical moment for federal leadership in the future of Chesapeake Bay restoration, Maryland voters have elected new members to Congress. Senator-Elect Angela Alsobrooks, and Representatives-Elect Johnny Olszewski, Sarah Elfreth, and April McClain Delaney, will join incumbent Sen. Chris Van Hollen and Reps. Andy Harris, Glenn Ivey, Steny Hoyer, Kweisi Mfume, and Jamie Raskin in representing Maryland and part of the Chesapeake Bay.
Chesapeake Bay Foundation (CBF) congratulates the newly-elected delegation and looks forward to working together to revitalize the Bay, its tributaries, and the communities that rely on them. Federal initiatives like the EPA’s Chesapeake Bay Program, resources provided in the Inflation Reduction Act, and laws such as the Farm Bill are critical to protecting the Bay and its waterways, fighting climate change, and improving water quality for the 18 million people who live, work, and play in the watershed.
Keisha Sedlacek, CBF Federal Director, issued the following statement:
“New members of the Maryland delegation will join Congress at a critical time. As we approach the 2025 deadline for Chesapeake Bay cleanup, federal leadership will be paramount. Maryland leaders must recommit to the future of Chesapeake Bay restoration even after the 2025 deadline of the Chesapeake Bay Watershed Agreement has passed.
“We look forward to Senator-Elect Alsobrooks, and Representatives-Elect Olszewski, Elfreth, and McClain Delaney, joining the ranks of Maryland’s congressional Bay leaders and furthering the state’s legacy of stewardship.”
As a pivotal moment arrives for Chesapeake Bay restoration, Virginia voters have chosen three new members to send to Congress next year. The commonwealth’s delegation to the 119th Congress will represent Virginia’s vital role on the federal level safeguarding the Chesapeake Bay—the nation’s largest estuary.
The Chesapeake Bay Foundation (CBF) congratulates Representatives-Elect John McGuire, Eugene Vindman, and Suhas Subramanyam. The incoming members will join incumbent Reps. Rob Wittman, Jen Kiggans, Bobby Scott, Jennifer McClellan, Ben Cline, Donald Beyer, Morgan Griffith, and Gerry Connolly. Virginians also reelected Sen. Tim Kaine to a third term.
Federal initiatives such as EPA’s Chesapeake Bay Program, the agricultural conservation resources in the Inflation Reduction Act, and legislation like the Farm Bill are indispensable for preserving the Bay and its waterways, mitigating climate change, and enhancing water quality for the more than 18 million people who call the watershed home.
CBF Federal Director Keisha Sedlacek issued the following statement:
“The incoming Virginia congressional delegation will assume its role at a crucial juncture for the Chesapeake Bay cleanup. Federal leadership will be essential as we approach the Chesapeake Bay Watershed Agreement’s 2025 deadline and plan for what comes next.
“CBF is excited to welcome and work with newly elected members of Virginia’s delegation for the 119th Congress. We urge them, and all returning members, to be steadfast champions for the future of Chesapeake Bay restoration while building on the state’s enduring legacy of Bay stewardship.”
