Press Statement
In a strong effort to reduce harmful polluted runoff from entering the Chesapeake Bay, Gunpowder Riverkeeper has filed a ‘Notice of Intent’ to sue the new Ridgley’s Reserve housing development in Joppatowne, Maryland under the Clean Water Act.
In 2022, more than 100 acres were cleared for the Ridgley’s Reserve development. All trees and vegetation were removed simultaneously, exposing its soil to the elements and making sediment extremely susceptible to runoff. Noticeably muddy water and a decline in underwater grasses in the nearby Foster Branch and Gunpowder River sparked major community and water quality concerns.
Despite repeated stormwater management violations, and multiple complaints and citations, corrective actions have been unsuccessful at stopping the pollution. Enforcement from both Harford County and the Maryland Department of the Environment has fallen short.
Gunpowder Riverkeeper is represented by Chesapeake Legal Alliance (CLA). Chesapeake Bay Foundation (CBF) is extremely supportive of the action.
Paul Smail, CBF’s Vice President for Litigation, issued the following statement:
“We need severe economic consequences for polluters. That seems to be the only way to enforce compliance with our laws.
“Stormwater runoff is one of the fastest growing sources of pollution in the Chesapeake Bay watershed. Not only do we need to better enforce current stormwater management rules, but we need to enhance them. Maryland’s regulations are not keeping pace with the rapid pressures of development, nor the effects of climate change and increased rainfall.
“CBF applauds the Gunpowder Riverkeeper and CLA’s legal action against Ridgley’s Reserve, for it demonstrates our collective intent to hold polluters accountable for their harm on communities and our shared natural resources.”
Precautionary measures are needed to protect menhaden for osprey, dolphins, and other species that depend on them for food
Today, the Atlantic States Marine Fisheries Commission (ASMFC) voted to establish a workgroup to consider additional protections from industrial fishing of menhaden in the Chesapeake Bay after hearing new survey results that show low osprey nesting success in the Bay.
The motion, offered by Chesapeake Bay Foundation (CBF) Maryland Executive Director Allison Colden, a member of Maryland’s ASMFC delegation, directs the workgroup to consider management actions, including seasonal closures, that would protect important fish and bird predators in Chesapeake Bay that rely on menhaden for food.
The motion was unanimously supported by the menhaden management board. This action demonstrates ASMFC’s recognition of the imminent need for additional precautions on the menhaden fishery. The workgroup is expected to present the results of their discussion to the Board at its October 2024 meeting.
Many refer to menhaden as “the most important fish in the sea.” These small, nutrient-packed fish serve as a vital food source for iconic Bay predators like osprey, striped bass, dolphins, and humpback whales. However, industrial fishing of menhaden in the Chesapeake Bay, one of the nation’s most important nursery areas, raises major concerns. While industrial menhaden fishing only occurs in Virginia waters, its impact can be felt across the Bay.
At Tuesday’s meeting, the Atlantic Menhaden Management Board was briefed by scientists with the U.S. Geological Survey (USGS) on the latest data for osprey abundance and nesting success in the Chesapeake Bay and along the Atlantic Coast. USGS researchers noted that the generally accepted reproductive rate for population maintenance is 1.15 young for each active nest. In 2021, the rate of osprey young per nest was 0.3, setting the Bay’s osprey population on a declining trajectory. This corroborates data from a 2023 study by the College of William & Mary’s Center for Conservation Biology, which revealed that osprey nests in Virginia’s lower Chesapeake Bay are failing at the highest rate ever recorded.
ASMFC’s current ecosystem model bases menhaden fishing limits on what’s required to feed a healthy striped bass population. While osprey and other fish-eating birds are generally more sensitive to the abundance of menhaden, they are not explicitly considered in management of the menhaden fishery.
Allison Colden, CBF Maryland Executive Director, said in a statement:
“We’re seeing some major ecological red flags in the Chesapeake Bay. From struggling osprey populations to dismal menhaden bait landings, it’s clear that additional precautions are needed. Seasonal fishing closures during the time of year when menhaden are demanded most by osprey and other predators is a critical next step in better managing menhaden fishing in the Bay. We appreciate the Menhaden Management Board’s action to begin this important and overdue conversation.”
Chris Moore, CBF Virginia Executive Director, said in a statement:
“It’s more apparent than ever that we need to better protect the Bay’s menhaden resource. For decades we’ve been concerned about industrial harvest of this species, and CBF has long fought to ensure enough menhaden are left in the water for a healthy ecosystem. Unfortunately, industrial fishing interests have continued to delay efforts to better manage this species. Without action, the concerns of many citizens and the warning signs from species like osprey would have fallen to the wayside.”
“In order to implement a more precautionary approach to the menhaden fishery, we need to take action now to protect the Bay’s iconic species. Unfortunately, Virginia missed a key opportunity earlier this year to better understand the connections between menhaden and its predators when a Virginia House of Delegates subcommittee unanimously delayed funding a robust study of the Chesapeake Bay’s menhaden population.”
Progress Still Needed to Improve Habitat and Chesapeake Bay Health
Underwater grasses, a key barometer for Chesapeake Bay health, experienced an increase overall this past year, according to the 2023 results of the annual Chesapeake Bay grasses survey released today.
The extent of the Bay’s underwater grasses increased by seven percent to an estimated total of 82,937 acres, the results of the survey conducted by the Virginia Institute of Marine Science indicated.
This is good news for the Bay since these underwater meadows improve water quality and provide critical shelter and food for Bay species like the blue crab, migrating water birds, and juvenile fish. Sometimes called the ‘Tums’ of the Bay, these grasses also diminish Bay acidification caused in part by greenhouse gas emissions. Through carbon uptake and sequestration, underwater grasses are also a critical tool to mitigate climate change.
However, the overall increase wasn’t experienced evenly across the Bay. Slightly salty areas of the Bay saw a major decrease attributed to algal blooms and sediment, while cooler water stemming from La Niña fueled a significant increase in the saltier Lower Bay’s underwater grasses. No underwater grasses at all were mapped in the Elk River despite the tributary meeting its grasses goals repeatedly since 2000.
This year’s survey still represents a major decline from the 2018 survey, which estimated approximately 108,000 acres of grasses. But it does get the Bay closer to the Chesapeake Bay Watershed Agreement target of 185,000 acres of underwater grasses covering the bottom of the Bay and its tidal tributaries. The Bay states won’t meet many of the outcomes by the 2025 deadline set by the agreement. CBF continues to urge Bay watershed leaders to recommit to the multi-state Bay restoration partnership this December.
Chesapeake Bay Foundation (CBF) Vice President for Environmental Protection and Restoration Alison Prost issued the following statement:
“We must dramatically reduce pollution long-term to give the Bay’s underwater grasses a fighting chance in the face of climate change and rising seas. The seven percent growth indicated in this year’s survey marks the third annual increase in Bay grasses, a bright spot in a longer history of mixed results for Bay grass restoration. This increase benefits keystone Bay species like blue crabs, which use grass beds for shelter, protection from predators, and reproduction.
“But there’s still a long way to go. This increase doesn’t offset major declines in underwater grasses from five years ago, and we aren’t even at the halfway point of the 185,000-acre underwater grasses goal that states committed to in the Chesapeake Bay Agreement.
“For a healthier future Chesapeake Bay, Bay watershed leaders must recommit to the Bay partnership this December and chart a future course for Bay restoration that addresses new challenges like climate change and reflects scientific updates. Those scientific recommendations include focusing restoration efforts on shallow-water habitat. If that is done, we could reach the 185,000-acre goal.”
The Senate Appropriations Committee’s bipartisan fiscal year 2025 Interior-Environment bill includes welcome increases for EPA’s Chesapeake Bay Program and Interior Department programs that restore wildlife habitat and increase public access and understanding of the Bay region’s history and natural resources.
The panel adopted the $44.6 billion bill yesterday by a vote of 28-1.
The EPA-led Chesapeake Bay Program coordinates the federal-state-local government partnership to clean up the Bay and its tributaries. Roughly two-thirds of the Program’s annual budget goes directly to state and local partners for watershed restoration, protection, and monitoring activities.
The Senate Appropriations Committee would increase the Bay Program’s fiscal 2025 budget to $92.5 million from the current level of $92 million. The Interior-Environment bill the House adopted on July 24 by a vote of 210-205 would keep Bay Program funding flat at $92 million in fiscal 2025.
The Chesapeake Watershed Investment for Landscape Defense (WILD) program, administered by the Fish and Wildlife Service, awards competitive grants to fund local projects that restore fish and wildlife habitat, improve water quality, and enhance outdoor recreational opportunities in the Bay region.
Chesapeake WILD grants would see fiscal 2025 funding bumped up to $8.5 million from $8 million this year under the Senate Appropriations bill. The House-passed bill would leave funding unchanged at $8 million next year.
The Chesapeake Gateways Program, operated by the National Park Service, manages the Chesapeake Gateways and Watertrails Network of historic, cultural, and natural sites and funds grants for community-based projects to share the Bay’s diverse stories, support tourism, and promote economic development.
The Gateways budget would get a slight increase to $3.05 million in fiscal 2025 from this year’s $3.03 million under the Senate Appropriations Committee bill. The House-passed bill would also leave the Gateways budget unchanged in fiscal 2025.
Chesapeake Bay Foundation (CBF) Federal Director Keisha Sedlacek made the following statement:
“The Senate Appropriations Committee has wisely recognized that essential federal partners like EPA and the Interior Department must have sufficient resources as we enter the next phase of the restoration effort.
“CBF thanks the committee for boosting the budgets of the EPA Chesapeake Bay Program, which keeps the multi-agency partnership on track, and Interior Department grant programs that fund locally led projects to restore fish and wildlife habitat and increase public access to the wonders of the watershed.
“We commend Committee Chair Patty Murray (D-Wash.), Vice Chair Susan Collins (R-Maine), Interior-Environment Subcommittee Chairman Jeff Merkley (D-Ore.), and Ranking Member Lisa Murkowski (R-Alaska) for their hard work and bipartisan approach to drafting this year’s bill.
“We encourage the Senate to pass it soon and urge panel leaders to fight to preserve these important investments in the Bay region in conference with the House.”
In a positive step for forest conservation and clean water, Harford County has reached a settlement that will rescind the approvals for Abingdon Business Park and require developers to reforest parts of the property.
The project developers, BTC III I-95 Logistics Center will no longer move forward with planned development. The settlement requires them to stabilize the 327-acre site and install stormwater management. It will also require reforestation and revegetation on the property, which is just upstream of Bush River, and will help mitigate pollution in local waterways. The landowner, Harford Investors LLP, retains the right to develop the property in the future, but would be required to resubmit future warehouse construction plans.
The business park’s original plan, approved by Harford County Department of Planning and Zoning, involved the clearing of a 220-acre forest, including 49 large and ecologically valuable specimen trees, to build warehouses. Despite legal action against this plan, much of the forest had already been cleared in the property’s center, including 29 of the 49 specimen trees.
Since 2019, the Chesapeake Bay Foundation (CBF) has argued, in various jurisdictions, that Abingdon Business Park’s forest conservation plan, which included a specimen tree waiver, was inadequate.
CBF filed a lawsuit in 2020, seeking judicial review of the plan, arguing it was against the 1991 Maryland Forest Conservation Act which requires specific strategies for retaining, reforesting, and protecting forest areas tied to new development. This lawsuit led to a landmark ruling in the Maryland Court of Appeals declaring that forest conservation plans can be legally challenged. Forests are essential to improving water quality, providing habitat for wildlife, and supporting healthy communities.
Following this landmark ruling, CBF filed multiple injunctions, and in May 2023, a Harford County Circuit Court judge agreed with CBF and issued a stop work order on future tree clearing at Abingdon Woods. Appeals from the developers followed, but ultimately resulted in this settlement which will require them to reforest roughly four acres of the property and revegetate much of the cleared area as meadow.
Paul Smail, CBF’s Vice President for Litigation and General Counsel, said in a statement:
“This is a promising step for the future of Maryland’s forests. Despite the damage that’s already been done at Abingdon Woods, this settlement between Harford County and the developers is a step in the right direction. For many years, CBF has urged jurisdictions to hold developers accountable and deny their inadequate forest conservation plans. These actions led to a landmark ruling that will keep Maryland forests better protected from harmful development.
“Any reforestation at Abingdon Woods—even only four acres, two of which will restore the buffer adjacent to residences—will support healthier waters in Haha Branch, which flows into the Bush River, and ultimately the Chesapeake Bay. Bush River is already classified as impaired due to high levels of sediment from stormwater runoff. This settlement will have a positive impact, not only on the environment, but for community health, and the everyday lives of Harford County residents.”
Today, Governor Wes Moore announced $130 million in grants, awarded to the State of Maryland by the U.S. Environmental Protection Agency (EPA), that will support Maryland’s pollution reduction and climate goals by investing in green infrastructure and jobs.
Allison Colden, Chesapeake Bay Foundation Maryland Executive Director said in a statement:
“This grant is a major investment in Maryland’s green future. New funding for green infrastructure and natural solutions to climate change, such as living shorelines, forested buffers, and critical habitats, will be paramount to keeping Maryland resilient against sea-level rise, extreme weather, and other climate threats while reducing pollution reaching our waterways and the Chesapeake Bay.
“With this support, the Moore Administration is one step closer to achieving Maryland’s bold climate goals. We look forward to seeing more natural filters and green infrastructure solutions being implemented across the state.”
The National Oceanic and Atmospheric Administration (NOAA) recently announced a $10 million grant for oyster sanctuary reef construction in Maryland. The grant, administered to the Maryland Department of Natural Resources (DNR), will fund the building of new reef bases on about 50 to 75 acres within existing oyster sanctuaries. DNR will present target areas for additional oyster restoration at the August 19 meeting of the Maryland Oyster Advisory Commission.
The 2014 Chesapeake Bay Watershed Agreement outlined a goal to fully restore oyster habitat in 10 tributaries—five being in Maryland—by 2025. These large-scale restoration efforts have been extremely successful; over 1,000 acres of oyster reefs have been restored in Maryland. These reefs filter water quality and provide essential habitat for dozens of other species like blue crab and striped bass.
In its 2024 Hope on the Half Shell report, the Chesapeake Bay Foundation (CBF) recommended building off this success and targeting oyster restoration in 20 additional Bay rivers. This latest investment from NOAA is a critical catalyst in the next phase of oyster restoration in Chesapeake Bay.
Allison Colden, CBF Maryland Executive Director said in a statement:
“This grant is a major step forward for oyster restoration and a strong continuation of Maryland’s success in adding more oysters to the Chesapeake Bay. Oysters are the bedrock of our ecosystem and will be key to adapting to climate change, building resilient shorelines, improving water quality, and supporting local economies.
“Historic overharvesting, disease, pollution, and habitat loss have left this keystone species vulnerable and populations in dire need of support. Fortunately, the Bay Agreement’s current model of targeting and fully restoring tributaries for oysters has been wildly successful.
“Large-scale oyster restoration has been made possible through strong federal investment, state support, and the collaboration of many partners. As this major oyster restoration phase nears completion, sustained federal funding will remain crucial as we look towards restoring additional tributaries beyond 2025. We are encouraged by NOAA and DNR’s continued commitment to oyster restoration and look forward to the transformational benefits this funding will bring to the Bay for oysters and the many species that depend on them.”
On Friday, the Environmental Protection Agency (EPA) decided to accept review of the recent Title VI Civil Rights Complaint filed on behalf of South Baltimore residents enduring pollution from Maryland’s largest trash incinerator. The complaint was filed with EPA on May 28, 2024, by the South Baltimore Community Land Trust (SBCLT), represented by the Chesapeake Bay Foundation (CBF) and Environmental Integrity Project (EIP).
EPA’s acceptance is an initial step in the complaint review process. With the decision, EPA has indicated its intent to investigate SBCLT’s allegations against Baltimore City and Department of Public Works’ (DPW) 10-year solid waste management plan. The complaint claims that the plan unequally contributes to health risks faced by people living in one of Baltimore’s most disadvantaged communities.
By deciding to accept and investigate this Title VI complaint, EPA has taken a promising step towards addressing the concerns raised by South Baltimore communities that have endured the harmful effects of Baltimore Refuse Energy Systems Company’s (BRESCO) pollution for decades.
In response to EPA’s decision, partners have issued the following statements:
Carlos Sanchez with SBCLT said:
“As a lifelong South Baltimore resident and someone who loves my community of Lakeland, I’m thankful for EPA’s action to accept our complaint. Every day we live with the consequences of our city’s ongoing missed opportunity to budget for a just transition to zero waste away from toxic trash incineration. The good news is this is a fixable problem and we are confident that our city leadership, who understand the importance of equity, will step up and do the right thing and begin to treat this environmental justice issue with the urgency it deserves.”
CBF Environmental Justice Staff Attorney Taylor Lilley said:
“The residents living near BRESCO deserve more from their city. While EPA’s decision marks the first step in a longer investigation, we are hopeful that this path leads to cleaner air and safer lives for South Baltimore communities.”
EIP Senior Attorney Leah Kelly said:
“This is a preliminary but encouraging step forward in EPA’s process for reviewing Civil Rights complaints. Residents of South Baltimore deserve to live in a clean and healthy environment. We hope that EPA’s investigation leads to real benefits for these communities after decades of decisions to add more pollution sources to this area.”
During its July 10 meeting, Caroline County Planning Commissioners considered new legislation that will strengthen local oversight on the storage of food processing residuals, also known as industrial sludge or dissolved air flotation (DAF) material.
Over the past year, residents in Caroline County have experienced the negative health and nuisance effects of irresponsible food processing residual handling. This caused County Commissioners in December to pass a moratorium on the use of land or structures for the material’s storage. Hundreds of residents attended the hearings, many testifying that the rancid material posed a threat to their local environment, rivers and streams, public health, and way of life.
In March, legislation passed in Maryland’s General Assembly that now requires a permit for sludge handling and application on farmland. Caroline County Commissioners were supportive of the bill and instrumental in its passage. This new action from the Commissioners compliments the popular bipartisan state legislation, requiring those who store food processing residuals in Caroline to hold a permit and meet certain conditions intended to protect the public and environment from harm.
A public hearing for this bill is tentatively set for July 23.
In a statement, Chesapeake Bay Foundation Maryland Advocacy Director Alan Girard said:
“This county legislation comes at the right time in the right place.
“The overapplication and irresponsible storage of food processing residuals is an urgent threat to our environment and health. People across Caroline County and Maryland have made their concerns about this material known, and this legislation is a direct response to that.
“Storage and use of food processing residuals should not put the public and waterways at risk. Caroline County’s proposed bill works together with state legislation passed earlier this year to stop Maryland farms from being a dumping ground for this putrid material. We commend Caroline County commissioners for continuing to find solutions that protect communities, public health, and the environment.”
CBF is heartbroken to announce the news of Doug Myers’ passing. Doug was a beloved colleague and friend. He served as the Foundation’s Maryland Senior Scientist for nearly 12 years where he fiercely advocated for Bay health and environmental justice. His kindness and love of the outdoors was infectious, and his legacy of environmental stewardship will have a lasting impact for many generations to come. We are incredibly grateful for Doug’s dedication to the Bay, and we will miss him deeply.
– Allison Colden, CBF Maryland Executive Director
More information can be found in Doug’s obituary.
CBF Staff