Press Statement
Today, Baltimore City’s Public Works Department agreed to a $4.75 million settlement payment to address pollution from the city-owned Back River and Patapsco wastewater treatment plants. This is a victory for the Bay that will ensure oversight and transparency of treatment plant operations moving forward. The historic failure of these two plants has caused millions of pounds of contamination to enter the Chesapeake Bay and damage water quality for surrounding communities. The settlement is a crucial first step towards righting that wrong.
Chesapeake Bay Foundation’s Maryland Executive Director, Allison Colden said in a statement:
“Today’s settlement is an encouraging step forward but is the first step of many needed to rectify the harm these plants have done to the Bay. Much of Maryland’s progress in Bay cleanup has been achieved by reducing pollution from wastewater and we cannot backslide on that progress.
“Transparency and accountability will be crucial. We are hopeful that sufficient staffing, improved operations, and enhanced public communications will significantly benefit local waterways and communities that have been damaged by previous failures of these facilities.”
Editor’s note: This wastewater violation lawsuit against Baltimore City is led by Blue Water Baltimore represented by the Chesapeake Legal Alliance. More information is available here: Environmental Groups Announce Landmark Agreement To Resolve Wastewater Treatment Plant Violations.
The announcement by U.S. Rep. John Sarbanes that he will not seek another term in the House of Representatives will leave large shoes to fill, according to the Chesapeake Bay Foundation. As a co-chair of the Chesapeake Bay Watershed Task Force, Congressman Sarbanes worked tirelessly to secure federal resources and policy changes that support conservation and cleanup efforts across the Chesapeake Bay watershed. He also worked to ensure that all who call the watershed home have access to, and connect with, nature. Perhaps most of all, Congressman Sarbanes has been a leader in promoting hands-on environmental education for students in Maryland and across the country.
Following his announcement, Chesapeake Bay Foundation President and CEO Hilary Harp Falk issued this statement:
“Along with his work on ethics and campaign finance reform, Congressman Sarbanes is an environmental access and education hero. He recognized that protecting our natural resources begins with ensuring the wonder and majesty of those resources are available to all, especially students.
By advocating for environmental literacy and outdoor education, Congressman Sarbanes gave the next generation the gift of outdoor experiences that lead to a deep appreciation for the need to protect our planet. We thank Congressman Sarbanes for his leadership and tireless efforts to develop tomorrow’s environmental leaders.”
On Saturday, the Pennsylvania Department of Environmental Protection (DEP) will open for public comment its Draft 2024 Integrated Water Quality Monitoring Report that identifies 28,820 miles of waterways in the Commonwealth that have been damaged by pollution. That is an increase of 930 miles since its last report in 2022. To put that in perspective, 34 percent of Pennsylvania’s 85,568 miles of rivers and streams do not meet water quality standards for water supply, aquatic life, recreation, or fish consumption.
Agricultural activities were cited as the leading source of water quality impairment with 8,212 miles, an increase from 6,432 miles in the 2022 report. The legacy of coal mining in the form of acid mine drainage was the second major source with 5,607 miles, down from 5,536 in 2022; and impacts of polluted urban and suburban stormwater runoff from cities, subdivisions and strip malls are third at 3,828 miles, compared to 3,507 in 2022.
Nearly 48 miles of streams were identified as being restored back to health since 2022.
While it is disappointing that impaired stream miles are increasing, the Chesapeake Bay Foundation (CBF) in Pennsylvania notes the increasing momentum in the Commonwealth to get back on track to meeting its commitment to cleaner rivers and streams.
In response to DEP’s report, Harry Campbell, CBF Science Policy and Advocacy Director in Pennsylvania said:
“This latest report indicates that the Commonwealth still has a long way to go toward restoring and protecting our lakes, rivers, and streams. With the passage of key legislation, coupled with recent state and federal government investments, the state is poised to accelerate momentum toward clean and healthy waters.
“The Clean Streams Fund is designed to help address the state’s leading sources of impairment. The hallmark of the Fund is the Agricultural Conservation Assistance Program (ACAP), which directs investments locally to support Pennsylvania’s farmers to leave a legacy of healthy soils and clean water for future generations through conservation practices like streamside forests.
“Sustained, long-term investments in ACAP and the other Clean Streams Fund programs are vital to restoring and protecting the health of lakes, rivers and streams across the state.
“Just as the Fund and ACAP provide critical support for cleaner waters in Pennsylvania, so do recent investments at the federal and other state levels add momentum, and those should not go unnoticed.
“These investments will be more cost-effective and successful when applied in priority places, focus in on high-impact practices, and leverage the knowledge and expertise and support of partners on the ground.”
The Chesapeake Bay Foundation (CBF) applauded the House Natural Resources Committee’s approval today of bipartisan legislation to reauthorize and boost funding for the National Oceanic and Atmospheric Administration’s (NOAA) Chesapeake Bay Office and expand environmental education about the Bay.
Introduced by Reps. John Sarbanes (D-Md.), Bobby Scott (D-Va.), Rob Wittman (R-Va.), and Jen Kiggans (R-Va.), the Chesapeake Bay Science, Education and Ecosystem Enhancement (SEEE) Act would ensure that NOAA continues as an essential member of the federal-state partnership to restore habitat, enhance ecosystem functions, and reduce water pollution in the Bay watershed. The bill number is H.R. 4770.
The NOAA Bay Office is one of the key agencies implementing large-scale oyster restoration projects at the heart of the Bay restoration effort. Its hands-on Chesapeake Bay Watershed Education and Training (B-WET) program teaches the next generation of Bay stewards about the scientific value and wonders of the Bay ecosystem.
CBF Maryland Executive Director Allison Colden testified in support of the SEEE Act and its importance in restoring the fisheries and ecosystems of the Bay watershed at an October 18 hearing of the House Natural Resource Subcommittee on Waters, Oceans, and Wildlife.
A companion bill was introduced in the Senate in July by Sens. Mark Warner (D-Va.), Chris Van Hollen (D-Md.), Ben Cardin (D-Md.), Tim Kaine (D-Va.), Bob Casey (D-Pa.), John Fetterman (D-Pa.), and Joe Manchin (D-WV.). The bill number is S. 2534.
CBF Federal Director Keisha Sedlacek issued the following statement after the markup:
“NOAA’s Chesapeake Bay Office is an integral partner in efforts to restore the Bay and its waterways, fisheries, and wildlife habitats. Its oyster restoration expertise, climate change research, and education programs are essential to ensuring the economic and ecological future of this priceless resource.
“The SEEE Act will ensure the Office can continue its vital role in the restoration effort. This is critical as we approach deadlines and define what the next chapter in Bay restoration looks like.
“CBF congratulates Reps. Sarbanes, Scott, Wittman, and Kiggans for their bipartisan work advancing this important bill through the House Natural Resources Committee. We urge the House of Representatives to make passing it a priority.”
The Chesapeake Bay Foundation (CBF) joins the Chesapeake Legal Alliance and many others mourning the loss of Ridge Hall, a long-time environmental lawyer and mentor. CBF’s Vice President of Litigation, Paul Smail, worked with Mr. Hall for more than a decade.
Starting in 2015, CBF, Blue Water Baltimore, and Mr. Hall worked together to stem the pollution from the former Sparrows Point steel mill, pressing MDE and EPA to address the legacy groundwater pollution flowing off the site. Ultimately EPA listed the toxic sediments in Bear Creek a Superfund site, which we expect will result in significant improvements to the water quality and living resources around the former steel plant.
After his passing, CBF’s Vice President of Litigation and General Counsel Paul Smail issued this statement.
“Ridge was a friend and mentor. He had incredible patience as well as an easy charm that belied a razor-sharp intellect and incisively inquisitive mind. He was a tenacious advocate who never lost sight of what we all fight for—leaving our community and watershed in a better state than we found it.”
Plan Greatest Opportunity to Rebuild Striped Bass Population
As low striped bass numbers in the Chesapeake Bay cause widespread concern, the Atlantic States Marine Fisheries Commission (ASMFC) yesterday released for public comment a fisheries management plan update that seeks to help rebuild the striped bass population.
Last week’s release of results of annual surveys of juvenile striped bass in the Chesapeake Bay showed numbers far below average in Maryland for the fifth year in a row, as well as below average numbers this year in Virginia. Low numbers of young fish now mean in the future there will be fewer of the large fish prized by anglers and important for reproduction of the species. The Chesapeake Bay serves as a critical nursery area for striped bass, contributing significantly to the coastwide striped bass population and the region’s economy.
The striped bass population is suffering from a variety of factors, including fishing pressure due to the species popularity, low reproduction, water quality challenges, and climate change. Recreational fishing pressure on striped bass along the Atlantic Coast in 2022 was nearly double that of previous years. While the population has not reached the low point of the 1980s that led to a fishery moratorium, strong action is needed now to ensure a more abundant population in the future.
With yesterday’s action, ASMFC initiated an update to its striped bass fisheries management plan, known as Addendum II, which intends to reduce mortality in striped bass fisheries by considering changes to both recreational and commercial fisheries. At its previous meeting, ASMFC extended an emergency action to decrease the maximum size limit to 31 inches.
Chesapeake Bay Foundation (CBF) Senior Regional Ecosystem Scientist Chris Moore issued the following statement:
“Striped bass are continuing to face significant challenges, and we can’t ensure their comeback without a strong plan from the ASMFC and the cooperation of states up and down the Atlantic Coast. Without conservation measures across all fishery sectors, the hope of bringing back this iconic species will be lost.
“Unfortunately, the ASMFC’s Striped Bass Management Board missed an important opportunity to consider longer seasonal closures, which protect striped bass during critical life stages and during periods of low oxygen and high-water temperatures that increase striped bass mortality. It now falls to the states to take further actions to address striped bass mortality during these challenging times of the year.
“Draft Addendum II includes a number of options that will help reduce fishing pressure, allowing more fish to reach spawning age so that they can reproduce and get that population moving back in the right direction. The ASMFC’s fishery plan update is a critical opportunity to give feedback. Anyone who cares about striped bass should weigh in.”
(WASHINGTON, D.C.)—Chesapeake Bay Foundation (CBF) Maryland Executive Director Allison Colden today urged the House Natural Resources Committee’s Water, Wildlife and Fisheries Subcommittee to act on bipartisan legislation to support the critical scientific and educational work of the National Oceanic and Atmospheric Administration’s Chesapeake Bay Office.
Colden testified in support of the Chesapeake Bay Science, Education, and Ecosystem Enhancement (SEEE) Act. The legislation, H.R. 4770, was introduced in July by Reps. John Sarbanes (D-Md.), Bobby Scott (D-Va.), and Rob Wittman (R-Va.), the three co-chairs of the House Chesapeake Bay Task Force, and Rep. Jen Kiggans (R-Va.), who serves as the subcommittee vice-chair.
The bipartisan bill would reauthorize the National Oceanic and Atmospheric Administration’s (NOAA) Chesapeake Bay Office, strengthen the Office’s fisheries research and restoration programs, and authorize the Chesapeake Bay Watershed Education and Training (B-WET) program. The bill would also fund the Office through fiscal year 2027. NOAA is part of the Commerce Department.
A Senate companion bill co-sponsored by Sens. Mark Warner (D-Va.) Chris Van Hollen (D-Md.), Ben Cardin (D-Md.), Tim Kaine (D-Va.), Bob Casey (D-Pa.), John Fetterman (D-Pa.), and Joe Manchin (D-W.Va.) was also introduced in July. The bill number is S. 2534.
NOAA’s Chesapeake Bay Office is an essential member of the federal-state partnership to reduce water pollution, restore habitat, and enhance ecosystem functions in the Bay watershed.
The Office leads ten large-scale oyster restoration projects that offer the best chance of reversing the precipitous decline of native oyster populations and restoring important ecosystem services, like water filtration, that oysters provide. NOAA is currently on track to complete the oyster restoration by the 2025 deadline set in the 2014 Chesapeake Bay Watershed Agreement.
The Office manages a critical ocean observation network that tracks meteorological and oceanographic conditions, fish movement, and environmental conditions in the Bay ecosystem. Its scientists are working to better understand how climate change and impacts like warming water temperature affect the Bay, its fish species, and the habitats those species depend on.
The Office also is the federal lead for the Chesapeake B-WET program, which offers students in grades K through 12 the opportunity to learn about the watershed’s diverse habitats through hands-on outdoor education. Chesapeake B-WET has directly reached more than 730,000 students and nearly 30,000 educators since 2002, according to the Chesapeake Bay Program.
CBF Maryland Executive Director Allison Colden issued the following statement about her testimony:
“The NOAA Chesapeake Bay Office is essential to restoring the Bay and its waterways, fisheries, and wildlife habitat. It also uses cutting-edge science to advance our understanding of climate change and provides resources and support to educate the next generation of stewards about the wonders of the Bay ecosystem.
“The bipartisan SEEE Act will ensure that the Office continues this vital role. With Bay restoration deadlines approaching and climate change impacts worsening, its work has never been more necessary.
“CBF is proud to support this important bill. We urge the subcommittee to act swiftly to pass it.”
Striped Bass Index Second Lowest Since 1957 in Maryland, Below Average in Virginia
For the fifth consecutive year, juvenile striped bass numbers remained far below average in Maryland with the 2023 index of 1.0 strikingly low compared to the long-term average of 11.3. Virginia’s results were also significantly lower this year, with a mean value of 4.25 fish, which is well below the average of 7.77, according to Maryland and Virginia results released today.
The Virginia Institute of Marine Science and the Maryland Department of Natural Resources conduct annual surveys of the juvenile striped bass population in the Chesapeake Bay that estimate recruitment, which refers to the number of surviving fish that were spawned in the spring. A video showing how the survey is conducted is available at this link.
Striped bass populations on the East Coast are struggling to recover from a dramatic decline in recent years. Compounding the issue, recreational harvest pressure on striped bass along the Atlantic Coast in 2022 was estimated to be nearly double that of previous years. This led the Atlantic States Marine Fisheries Commission in May to institute an emergency action for the striped bass fishery, which decreased the maximum size limit for most striped bass fisheries to 31 inches.
Chesapeake Bay Foundation Senior Regional Ecosystem Scientist Chris Moore issued the following statement:
“This disturbing trend makes clear that rebuilding the striped bass population is not guaranteed. With five years of poor recruitment on the books, there will be fewer spawning adult fish left to help the population recover. As managers consider next steps, we urge ASMFC and state agencies to take immediate conservation actions to address increased harvest mortality, reduce the removals of large spawning fish, and to protect fish during the times of year when they are most vulnerable.
“In the summer, warm water temperatures and low oxygen levels dramatically increase stress on striped bass, rendering shallow, estuarine nursery habitats, like Chesapeake Bay less hospitable. Climate change is making this problem worse.
“To increase survival, states must work with all fishery sectors to limit striped bass mortality through quota modifications, summer season closures, and addressing fisheries that target fish before they spawn. Anglers should also use careful catch and release techniques that keep released fish alive or target other species when available to reduce stress on striped bass populations.”
Following the Talbot County Circuit Court’s dismissal of the Chesapeake Bay Foundation’s (CBF) challenge to Maryland Department of the Environment’s (MDE) wastewater treatment permit for the Lakeside at Trappe development, CBF today filed an appeal to the Appellate Court of Maryland.
MDE’s Discharge Permit for the Trappe East Wastewater Facility allows the use of spray irrigation to discharge 100,000 gallons of treated wastewater per day onto Talbot County farm fields. Generally, treated wastewater is discharged from sewage treatment plants into a local waterway. The Trappe plant, which uses out-of-date technologies to reduce nitrogen and phosphorus pollution, is currently at its maximum discharge limits and cannot discharge the additional wastewater from the new development into La Trappe Creek. The creek flows into the Choptank River, both already listed by MDE as impaired due to excess nitrogen and phosphorus.
MDE contends that spray irrigation of effluent from the Trappe development will effectively result in “zero net discharge” of nitrogen and phosphorus pollution to local waterways. However, CBF asserts that MDE has not effectively proven that this discharge won’t increase pollution from the development and change in land use.
Nitrogen and phosphorus from treated wastewater can fuel harmful algal blooms in local rivers, streams, and the Chesapeake Bay, creating oxygen-deprived dead zones inhospitable to marine life.
As a result, the permit fails to ensure that the requirements to prohibit increases in pollution under the Chesapeake Clean Water Blueprint, also known as the Chesapeake Bay Total Maximum Daily Load, will be met.
Following the filing, Paul Smail, CBF Vice President for Litigation, issued this statement.
“The law is unequivocal. MDE must ensure there is no additional pollution from this development. Science does not support MDE’s assumption that there will be 100 percent vegetative uptake of nutrients from discharges from systems such as this one. If the legal requirement of no additional pollution cannot be guaranteed, under all circumstances, then this system simply should not be permitted.”
The Chesapeake Bay Foundation (CBF) urged the White House not to limit the guidance it is drafting on valuing the benefits of healthy ecosystems just to regulatory decisions in comments CBF recently submitted to the Office of Management and Budget.
OMB published draft guidance on August 2 to improve and standardize how federal agencies evaluate the “ecosystem services” that nature provides when analyzing the costs and benefits of proposed regulations.
CBF expressed its support of the guidance and recommended that federal agencies apply it to other government decisions besides regulations, such as funding for major infrastructure projects that affect ecosystems and grant programs that support ecosystem development or restoration.
CBF also applauded the guidance for directing agencies to consider how regulatory decisions affect ecosystem services for historically underserved communities, as well as past inequities that have disadvantaged these communities, and how to prevent further disproportionate harm.
Based on its experience evaluating the ecosystem services provided by the Bay, CBF recommended specific analytical tools and resources OMB could include to strengthen the section on ways agencies can quantify or monetize ecosystem services.
CBF also drew on its regenerative agriculture and oyster restoration work to caution OMB against undervaluing the ancillary benefits of ecosystem services. CBF noted that the healthier soil produced by regenerative agricultural practices offers multiple ecosystem benefits, such as drought resilience, carbon sequestration, and water quality improvements, that are completely separate from crop production.
Similarly, CBF pointed out that its work restoring reefs in Maryland and Virginia oyster sanctuaries goes beyond rebuilding oyster stocks to include increasing biodiversity and water filtration, and providing larvae to support wild oyster populations outside the sanctuaries where CBF works.
CBF Maryland Senior Scientist Doug Myers issued the following statement on the guidance:
“From water quality that supports abundant fisheries to wetlands that reduce storm impacts, healthy ecosystems provide our communities numerous benefits. CBF applauds the White House for recognizing the importance of properly valuing ecosystem services in federal decision making.
“As OMB refines this guidance, we recommend it lean on science-based organizations such as CBF that have decades of experience valuing the complex effects of government decisions on ecosystem services. CBF looks forward to supporting more robust accounting for ecosystem services and stands ready to help advance this effort.”
