Press Statement
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.”
Former President Donald Trump and Ohio Sen. J.D. Vance have been declared the winners of the 2024 presidential election. This comes at a critical juncture for the Chesapeake Bay restoration effort, which faces a 2025 deadline under the current cleanup agreement and questions about what comes next.
Chesapeake Bay Foundation President and CEO Hilary Harp Falk issued the following statement:
“For almost sixty years, the Chesapeake Bay Foundation (CBF) has been following the science, advocating for clean water, and educating the next generation of environmental leaders. Our commitment to restoring the Chesapeake Bay and ensuring accountability—regardless of who is in the White House or who is in control of Congress or the state houses—has never wavered.
“As the Trump Administration and other newly elected officials return to Washington, D.C., the next phase of Bay restoration will require bold leadership, partnership, and accountability.
“As we have since our founding, and with the support of our members, we will continue fighting for clean water and vibrant communities every single day—finding common ground with willing elected officials from both sides of the aisle and at all levels of government. By working shoulder-to-shoulder, we prove that the Bay brings us together while addressing the climate crisis and leaving a legacy of clean water to the next generation.
“As the federal/state Bay partnership stares down another missed deadline of 2025 and faces uncertainty of what’s to come, we know this: Saving the Bay has always been a unifying goal.
“In 1984, President Reagan said in his State of the Union address, ‘Preservation of our environment is not a liberal or conservative challenge, it’s common sense . . . We will begin the long, necessary effort to clean up a productive recreational area and a special national resource—the Chesapeake Bay.’
“That was a great moment for the Bay and indicative of the extraordinary bi-partisan cooperation the Bay has always inspired because it is so tied to our nation’s history, our culture and heritage, and the livelihoods of everyone who has ever called this ‘land of pleasant living’ their home—even if it’s just for four years in Washington, D.C.
“Now is not the time to slow down. It is time to double down. We have too much at stake: clean water, healthy communities, and strong economies.”
New Bay Health Indicator a Tool to Guide Future Restoration
Despite a slight improvement from previous years, more than two-thirds of the Chesapeake Bay and its tidal rivers and streams did not meet clean water standards between 2020 and 2022, according to an assessment by the EPA’s Chesapeake Bay Program released today.
However, a new Bay restoration tool offers hope for the future. The report highlighted data from the Chesapeake Bay Total Maximum Daily Load Indicator.
This indicator combines modeling with monitoring data from streams and rivers across the Bay watershed. The monitoring results provide direct connections to real world outcomes of restoration work, such as performance of practices to reduce pollution to the Bay, as well as the effects of climate change and other factors.
The new assessment reveals that while some of the Bay’s rivers and streams show improving conditions in the last decade, more than half are becoming more polluted or show no change.
Though there has been important progress, states in the Chesapeake Bay watershed will not meet pollution-reduction commitments by a 2025 deadline. At this crossroads, leaders from across the region are expected to chart a course for the next chapter of Chesapeake Bay cleanup at the Chesapeake Executive Council meeting on Dec. 10 in Annapolis, Maryland.
Key steps needed at the meeting include attendance in person by each of the Executive Council members, including governors of the six Bay states, and other state, federal, and local leaders. Leaders must also commit to updating the Chesapeake Bay Watershed Agreement by the end of 2025 to address new challenges and incorporate the latest science. They should include updated goals and outcomes that are measurable with clear deadlines.
Alison Prost, Chesapeake Bay Foundation Vice President for Environmental Protection and Restoration, issued the following statement:
“This assessment makes clear that far too much pollution is still reaching the Chesapeake Bay. The good news is, advances in science and monitoring can guide Bay cleanup efforts and help understand their effectiveness.
“The new Bay indicator will be valuable for Bay restoration in the future and should serve as a tool evaluate of our progress through real-world outcomes. This is key to ensuring true recovery of the Bay.
“The next step is strong, decisive action from the region’s leaders at the Chesapeake Executive Council meeting in December. There they need to pledge to update the Chesapeake Bay Agreement by the end of 2025, incorporating new deadlines to reduce pollution as quickly as possible while also including lessons learned. It is time for our leaders to recommit to a healthier Chesapeake Bay and better quality of life for the nearly 19 million people in the Bay watershed.”
As a defining moment for Chesapeake Bay restoration approaches, officials proposed a course for the next phase of Bay cleanup on Oct. 25.
Despite progress, states in the Chesapeake Bay watershed will not meet commitments to reduce pollution to the Bay by a 2025 deadline. On Friday, a committee supporting the Chesapeake Executive Council advanced a charge to update the Chesapeake Watershed Agreement by the end of next year, including new deadlines to meet goals “as quickly as possible.”
The approved proposal will be considered by the region’s leaders at the Chesapeake Executive Council meeting on Dec. 10 in Annapolis. There the governors of the six Bay watershed states, mayor of D.C., and other federal and state officials, could launch the next phase of Bay cleanup.
Maryland Gov. Wes Moore and Virginia Gov. Glenn Youngkin have already confirmed their attendance.
With the Chesapeake Clean Water Blueprint in 2010, the six Bay states and Washington, D.C., in partnership with the federal government, committed to a 2025 deadline to have the practices in place to reduce nitrogen, phosphorus, and sediment pollution to the Bay. The 2014 Chesapeake Bay Watershed Agreement included this commitment and additional Bay restoration goals.
As the 2025 deadline approaches, the Chesapeake Bay Foundation (CBF) is urging the region’s leaders to formally recommit to the Bay restoration partnership and goals. Over 1,800 people have submitted public comments to EPA echoing CBF’s call.
Key items approved on Oct. 25 by the EPA Chesapeake Bay Program Principals Staff Committee include:
- Urging attendance in person by each of the Executive Council members, including governors, and other state, federal, and local leaders;
- A commitment by the Executive Council to update the Chesapeake Bay Watershed Agreement by the end of 2025 to address new challenges and incorporate the latest science; and,
- Update Bay restoration goals and outcomes to ensure they are measurable and time bound, and accomplished as quickly as possible.
Because the Chesapeake Bay watershed spans many jurisdictions, working together is the only way to ensure clean water across the region. The Chesapeake Executive Council includes the governors of Pennsylvania, Virginia, Maryland, Delaware, West Virginia, and New York, the mayor of Washington, D.C., the EPA Administrator, and the chair of the Chesapeake Bay Commission.
Alison Prost, CBF Vice President for Environmental Protection and Restoration, issued the following statement:
“This is a defining moment for the nearly 19 million people who live in the Bay watershed. Strong, decisive action now by the Chesapeake Executive Council is our best chance for a healthy Chesapeake Bay in the future.
“It’s up to leaders to come together in person on December 10, recommit to the Bay restoration partnership, and pledge to update the Chesapeake Bay Agreement’s goals by the end of 2025.
“States must still meet goals to reduce pollution to the Bay, and set new deadlines measured in years, not decades. An updated Bay agreement should not only incorporate the latest science, but also ensure outcomes that benefit all people and wildlife across the watershed. The process should remain transparent and open to the public.
“History shows us that Chesapeake Bay restoration progress only happens when people of all walks of life and political stripes come together around a common goal. With climate change and development pressures looming, we’re at a crossroads. Life around the Bay watershed could get better—or worse. Our leaders must act now for clean water, vibrant economies, and a high quality of life for future generations.”
