Press Statement
Today the United States Supreme Court released its decision in Sackett v. EPA. By significantly narrowing the definition of which wetlands and other waters are protected by the Clean Water Act, the decision could damage the decades-long effort to restore the Chesapeake Bay and its waterways.
Written by Justice Samuel Alito, the opinion rejects EPA’s authority to regulate wetlands unless they have a continuous connection to “navigable” surface waters such as a creek, stream, or river.
The decision means wetlands that are adjacent to surface waters but only directly connected underground, including thousands of isolated wetlands unique to the Bay watershed, lose protection from being dredged and filled without a permit. While the decision’s reasoning is unclear, wetlands that only flow during certain seasons of the year or after it snows or rains may have lost federal protection.
The ruling contradicts the definition of protected waters the Biden administration finalized in January. That definition restored protections for isolated wetlands and wetlands that do not flow year-round that the Trump administration repealed in 2020. The Biden administration’s definition also updated wetlands protections to reflect relevant Supreme Court case law and the latest science.
The watershed’s roughly 1.5 million acres of wetlands are critical to restoring the Bay and its tributaries across six states and the District of Columbia. Wetlands trap pollutants running off farmland, suburban parking lots, and city streets before they can reach the 111,000 miles of local streams, creeks, and rivers that empty into the Bay.
By absorbing storm surges and flood waters like sponges, wetlands protect coastal and flood-prone communities from climate change effects like sea-level rise and “sunny day” flooding that threaten lives, businesses, and property.
Maryland, Pennsylvania, and Virginia have state regulations that could offer some coverage for wetlands EPA can no longer regulate. But loopholes, waivers, and limited enforcement by state officials would leave many of these ecologically important wetlands at risk.
The danger is greater in Delaware and West Virginia, which both follow the federal definition of covered waters in lieu of establishing their own state protections.
Chesapeake Bay Foundation Vice President of Litigation Jon Mueller issued the following statement about the decision:
“This dangerous decision risks damaging decades-long efforts by multiple states, federal agencies, and local jurisdictions to restore the Bay and its waterways. States without strong wetlands protections could now abandon their Chesapeake Clean Water Blueprint responsibility to reduce nitrogen, phosphorus, and sediment pollution in those areas because they are no longer covered by the Clean Water Act.
“The Sackett ruling also ignores accepted science on the interconnected nature of wetlands. Isolated wetlands and wetlands that don’t flow continuously are among the wetlands critical to restoring and protecting water quality across the Bay ecosystem, protecting vulnerable communities from extreme weather, and improving our region’s climate resilience.
“Far from clarifying which waters are protected by the Clean Water Act, this ruling only sets us up for continued litigation and uncertainty while limiting our ability to protect and preserve the natural wonder we all treasure. The Bay, its tributaries, and the 18 million people living in its watershed deserve better.”
After reaching record low numbers last year, the Chesapeake Bay blue crab population is showing some signs of improvement in the 2023 Blue Crab Winter Dredge Survey results released today.
This year’s survey estimated total crab abundance at 323 million. That compares to the 227 million estimated in 2022, the lowest in the survey’s 33-year history.
The adult female crab population increased when compared with last year. While juvenile crab numbers improved slightly when compared to 2022, the juvenile population remained below average for the fourth year in a row. Male crab numbers showed only a slight improvement from last year’s all-time low numbers. Harvest levels for male crabs exceeded the conservation benchmark for the second consecutive year, raising concerns about whether such levels of exploitation could be sustained.
The Virginia Institute of Marine Science and Maryland Department of Natural Resources conduct this annual survey of the population of blue crabs in the Chesapeake Bay and its tributaries. Covering more than1,500 locations, the winter dredge survey is one of the most comprehensive studies of any species in the Bay, dating back to 1990. It is conducted jointly by Maryland and Virginia from December through March.
Chesapeake Bay Foundation Senior Regional Ecosystem Scientist Chris Moore issued this statement:
“While this year’s numbers show some signs of recovery in the Bay’s blue crab population, there is still plenty of cause for caution. Because the blue crab population fluctuates annually due to a variety of factors, we hope the improvements observed this year continue over the long term.
“The recent decline in the Bay’s underwater grasses is likely contributing to low blue crab numbers, as well as pollution and predation by invasive blue catfish. Long-term recovery of the Bay’s blue crab population will only be possible through continued wise management of the fishery, combined with actions to improve water quality and address predation from invasive species in the Bay.
“Due to continued low numbers of male crabs, both states should, at a minimum, maintain measures put in place last year that sought to protect male crabs. States should also consider additional actions, including pot tagging, which assists in the enforcement of blue crab fishery regulations. Although both states currently have limits on the number of pots watermen can set, these numbers are largely unenforceable, leading to numerous concerns about the amount of crabbing gear in the water. Pot tagging would help the states enforce these limits.”
Editor’s Note: The new 31-inch maximum size limit for striped bass will take effect by July 2. The action will not change limits during Maryland’s 2023 spring trophy season for striped bass. This is due to challenges in immediately implementing a new limit for a season already underway.
Recreational fishing pressure on striped bass increased in 2022 along the Atlantic Coast even as the population is struggling to recover from a dramatic decline, according to the latest update from the Atlantic States Marine Fisheries Commission (ASMFC). Increased fishing effort significantly decreased the probability of striped bass numbers reaching the target for a healthy population by the 2029 rebuilding deadline.
In response, ASMFC today took two actions that seek to reduce fishing effort and get striped bass rebuilding back on track. First, the ASMFC Atlantic Striped Bass Management Board voted unanimously to initiate a new Addendum intended to reduce mortality in both the recreational and commercial fisheries by considering changes to recreational size limits, season closures, and maximum size limits. The ASMFC is expected to take up the addendum later this year.
In the second action, the Board voted to implement an emergency action to decrease the maximum size limit for most striped bass fisheries to 31 inches for the next 180 days. After 180 days, the Board will have the option to end or extend the emergency action.
The Chesapeake Bay Foundation (CBF) supports these actions by ASMFC to ensure the comeback of this iconic fishery.
Due to a significant decline in adult female striped bass numbers, an indicator of the overall health of the population, the ASMFC sought to reduce the striped bass mortality along the Atlantic Coast by 18 percent beginning in the 2020 fishing season. Despite this action, the ASMFC technical report presented today showed increased recreational fishing pressure on striped bass up and down the Atlantic Coast.
This action comes after last year’s annual survey of the juvenile striped bass population in the Chesapeake Bay showed below average numbers in Maryland for the fourth consecutive year and average numbers in Virginia.
CBF Senior Regional Ecosystem Scientist Chris Moore issued the following statement.
“Recreational fishing pressure on striped bass is increasing just as the population is struggling to recover. Fish that are caught and released can die, especially if released in the summer when water temperatures are high and oxygen levels are low.
“The ASMFC’s actions come after four consecutive years of poor spawning for striped bass. Based on this year’s warm, dry spring, we are on track for similar results in 2023. Invasive species proliferating in the Bay watershed, including blue catfish and Northern snakeheads, add to the challenge by preying on young striped bass.
“Given the increased fishing pressure and sluggish recovery of the striped bass population, CBF supports the immediate and mid-term actions ASMFC is taking to reduce striped bass mortality and get rebuilding back on track.”
Chesapeake Bay Foundation (CBF) President and CEO Hilary Harp Falk praised Sen. Ben Cardin’s unparalleled record of success fighting for a cleaner, healthier Chesapeake Bay ecosystem. Maryland’s senior senator today announced his plans to retire next year rather than run for a fourth Senate term.
Sen. Cardin has been a champion for the region’s greatest national resource since he began his public service career in 1967 in the Maryland House of Delegates, the same year CBF was founded. In 1987, he was elected to represent the state’s third congressional district in the U.S. House of Representatives. In 2006, he was elected to represent Maryland in the U.S. Senate.
From his work on the original Chesapeake Bay Agreement in the early 1980s to his recent success securing reauthorization and historic increase in funding for the federal Chesapeake Bay Program, Sen. Cardin has never wavered in his commitment to saving the Bay and its tributaries.
Sen. Cardin has worked tirelessly to boost funding to restore oyster populations in the Bay and major Maryland tributaries such as the Tred Avon River. He also has been an enthusiastic supporter of education programs that give students the chance to learn about the Bay through hands-on, outdoor experiences.
In more than 35 years in Congress, Sen. Cardin has helped steer tens of millions in federal funds to Bay research and restoration efforts as well as federal clean water initiatives. He recognizes that saving the Bay requires a multi-state effort and has worked tirelessly to collaborate with other elected officials in the watershed to advocate policies to benefit the entire region.
As a senior member of the Senate Environment and Public Works Committee, Sen. Cardin has led the fight to increase federal investment in modernizing the nation’s deteriorating wastewater, drinking water, and stormwater treatment infrastructure.
Chesapeake Bay Foundation President and CEO Hilary Harp Falk issued the following statement praising Sen. Cardin’s decades of advocacy for the Bay, its waterways, and clean water for the nation:
“Sen. Cardin has been a fierce advocate for the Bay and the people who love and depend on it for more than fifty-five years. His career has been one important legislative victory for clean water after another.
“Whether advocating for Maryland fisheries, promoting environmental education, or ensuring federal support for Bay research and restoration, Sen. Cardin is a true Chesapeake Bay champion.
“The Chesapeake Bay Foundation salutes his enduring commitment to restoring and protecting this national treasure and economic engine. We will be forever grateful for his leadership and dedication to our beloved Bay.”
Virginia menhaden industry officials last week signed a non-enforceable agreement with the Virginia Marine Resources Commission (VMRC). Under the memorandum of understanding, the menhaden fishery would limit fishing operations on summer weekends and holidays and within one mile of the shore in some of Virginia’s portion of the Chesapeake Bay.
This follows VMRC’s failure to approve proposed regulations on Virginia’s menhaden purse seine fisheries last December, opting instead to propose the agreement that was signed last week.
Omega Protein is the primary harvester of menhaden in the region. Spills sometimes occur when purse seine nets snag, tear, or otherwise malfunction, sending dead fish into the water and sometimes onto nearby shorelines and beaches.
Last year several net spills by Omega Protein resulted in thousands of dead menhaden and about 12,000 pounds of red drum fouling beaches on Virginia’s Eastern Shore. Net spills before busy holiday weekends have hurt the tourism economy in Coastal Virginia communities.
Chesapeake Bay Foundation Senior Regional Ecosystem Scientist Chris Moore issued the following statement.
“Omega Protein has time and again fought against a commonsense approach to the management of this fishery. Omega Protein violated the Chesapeake Bay harvest cap in 2019, opposed legislation this past General Assembly Session that would have provided much-needed data on the menhaden population, and successfully lobbied against enforceable regulations last fall that would have reduced user conflicts and net spills.
“Omega Protein’s net spills of menhaden are an alarming waste of a precious food source for striped bass, dolphins, osprey, and other wildlife. Science on the menhaden population in the Bay is still lacking, and more data is needed to better manage Virginia’s menhaden fishery.
“We appreciate this step by the Youngkin Administration and VMRC towards addressing the threats caused by Omega Protein’s net spills. CBF will continue to advocate for protecting the enormous ecological value of Virginia’s menhaden population.”
The Chesapeake Bay Foundation (CBF) today is calling on the Maryland House of Delegates to support a bill to strengthen the state’s forest protections after the Senate unanimously approved the legislation during its voting session Thursday.
CBF has been strongly supporting the legislation—SB526/HB723—that would preserve more forest by increasing replanting requirements for developers that clear trees. It also provides local jurisdictions with more flexibility to achieve no net loss of forested land. Reaching that goal would represent a turning point in Maryland history, given that the state has been losing forested land for decades, mostly to construction. CBF and many others in Maryland’s environmental community have been pursuing ways to strengthen the state’s forest protections for nearly a decade. This year’s legislation is the best opportunity to get it done.
By increasing protections for forested land, lawmakers have the opportunity to improve water quality and mitigate climate change. Trees filter water, decrease stormwater runoff, remove air pollutants, bolster shorelines, reduce urban heat islands, protect against flooding, and benefit human mental and physical health.
CBF’s Maryland Staff Attorney Matt Stegman issued the following statement:
“We’re extending a hearty thanks today to Maryland Senators, in particular Sen. Sarah Elfreth, the bill’s Senate sponsor, as well as the Senate Education, Energy, and Environment Committee for their support of this legislation to protect Maryland’s forests.
“Today’s Senate vote proves this bill has widespread and bipartisan support. The Senate environment committee worked diligently to pass amendments that address concerns about potential impacts to affordable housing and smart growth. The updated bill will ensure cities and towns can grow in a way that protects forests. Trees provide clean water and are among our best defenses against climate change. Protecting the forests we still have should be among the state’s highest priorities.
“We’re now asking House lawmakers to approve this bill before the end of the General Assembly session. Doing so will ensure Maryland’s forest protections align with 21st century needs.”
Today, the Maryland Senate and House of Delegates issued formal resolutions to mark the 50th anniversary of the Chesapeake Bay Foundation’s (CBF) environmental education program.
Since 1973, CBF’s award-winning education programs have been providing hands-on outdoor experiences to more than 1.5 million participants in Maryland, Virginia, and Pennsylvania. The classes are designed to get students and educators outside to explore the Bay as well as its rivers, streams, and watershed. In Maryland, CBF’s education program serves about 10,000 students and teachers per year through outdoor experiences, teacher trainings, and class materials.
Currently, CBF runs six education programs in Maryland including two overnight residential programs on Smith Island and at the Karen Noonan Center in Dorchester County. The first CBF education program was launched on Meredith Creek in Annapolis.
CBF’s education program has been instrumental in helping students meet Maryland’s environmental literacy high school graduation requirement. Studies have shown that environmental education improves academic performance, increases civic engagement, and instills a belief that individuals can make a difference.
CBF’s Vice President for Education Tom Ackerman issued the following statement:
“Environmental education helps us to understand how the city streets, suburban lawns, and rural fields where we live affect the rivers and streams that flow into the Chesapeake Bay. When students and teachers paddle a canoe, pull up a fishing line on a traditional Bay work boat, or evaluate the health of a local stream, they can connect their lives with the waterways that surround all of us. Through these experiences, we hope students and educators gain the knowledge and inspiration to protect our valuable natural resources.
“We’re honored to receive the recognition today from the General Assembly and look forward to many more decades of outdoor experiences with Maryland students and educators.”
The Chesapeake Bay Foundation (CBF) is thanking Baltimore leaders including Mayor Brandon Scott for their quick action to modify a company’s wastewater permit to prevent potentially toxic wastewater contaminated by the train crash in East Palestine, Ohio from arriving in Baltimore.
The contaminated wastewater from the crash was scheduled to arrive in Baltimore as early as Thursday to be treated at a private facility operated by Clean Harbors. The treated wastewater was then to be routed to Baltimore’s troubled Back River Wastewater Treatment Plant. The plant was damaged by an explosion and fire earlier this month.
Today, Clean Harbors announced that it would not process the wastewater in Baltimore. The announcement came after Mayor Scott said the city would deny the company’s request to discharge the treated wastewater from the crash through the city’s wastewater system.
CBF opposed bringing the toxic wastewater to be treated in Baltimore due to the lack of information about what toxics and pollutants were in the water, how it would be treated, and the ongoing maintenance issues that have compromised the Back River Wastewater Treatment Plant.
In response to the news today, CBF’s Maryland Senior Scientist Doug Myers issued the following statement:
“This was a poorly hatched plan from the beginning that failed to account for the ongoing and significant issues at Maryland’s largest wastewater treatment plant. We’re thankful Mayor Scott took the quick and bold action needed to stop this shipment of toxic wastewater from arriving in Baltimore. We urge Maryland and city leaders to re-focus on fixing the ongoing maintenance and staffing problems at the Back River and Patapsco wastewater treatment plants that have been documented for two years now.
“While this decision was the right one, we stand with the residents of East Palestine who deserve to have their community fully restored from the harmful effects of the February train crash. The federal government must continue to hold the company responsible for the crash accountable and use a transparent process to ensure communities tasked with assisting in the cleanup are willing and able to do so.”
Following the announcement that waste water from the East Palestine, OH, train crash will be ultimately disposed of at the Back River Wastewater Treatment plant, Doug Myers, the Chesapeake Bay Foundation’s Maryland Senior Scientist, issued this statement.
“The recent history of failures and violations at the Back River plant gives pause about whether this wastewater can be adequately treated. As of today, we are not sure whether the plant can handle the normal volume of waste it receives daily.
“Nearby communities were already burdened by a litany of excess discharges at the plant. Disposing of this additional wastewater raises serious questions that must be answered to ensure the safety of the surrounding communities as well as the health of Back River and the Bay. Before any waste is delivered to the plant, there must be answers for the community’s concerns and a level of transparency that we haven’t seen at that plant in years.”
The Chesapeake Bay Foundation (CBF) announced its endorsement of the A. Donald McEachin Environmental Justice for All Act, which was introduced today by House Natural Resources Committee Ranking Member Raul Grijalva (D-Ariz.) and Rep. Barbara Lee (D-Calif.). Sens. Cory Booker (D-N.J.) and Tammy Duckworth (D-Ill.) introduced companion legislation in the Senate today as well.
Named for the late Richmond-area congressman and environmental justice champion, the legislation would empower, support, and protect low-income communities, communities of color, and tribal or Indigenous communities in the Bay watershed and around the country that are too often disproportionately burdened by multiple environmental and public health threats caused by polluting facilities such as natural gas pipelines, trash incinerators, and industrial plants.
The legacy of racist housing policies compounds the problem by leaving communities in cities like Baltimore, Harrisburg, Richmond, and Washington, D.C., more vulnerable to extreme heat, intense storms, frequent flooding, sea level rise, and other hazards exacerbated by climate change.
McEachin, who died last November, and Grijalva drafted the initial legislation in 2019 after gathering extensive input from environmental justice advocates and communities across the country.
Based on feedback from people who experience environmental injustice firsthand, the bill offers a comprehensive set of community-driven approaches to overhauling an inherently unjust federal system that fails to distribute resources equitably or listen to the voices of communities it marginalizes.
The McEachin Environmental Justice for All Act would protect communities from discrimination based on experiencing unequal impacts, such as elevated health risks, from pollution or other environmental degradation based on residents’ race, color, or national origin. The bill also would permit private citizens and organizations to sue when faced with such discrimination.
The bill would require federal agencies to consider the cumulative effects of permitting major projects like pipelines and dams in vulnerable and underserved communities. It also calls for federal agencies to provide early, meaningful opportunities for affected communities to actively participate in permitting decisions and offer community-led solutions. And it would block permits for projects that cannot demonstrate with reasonable certainty that they would not harm human health.
In addition, the legislation would authorize $75 million annually for environmental justice grant programs, promote more equitable access to parks and recreational opportunities for underserved urban communities, and ensure that environmental justice communities and workers are not left behind in the transition to a clean energy economy.
Carmera Thomas-Wilhite, CBF Vice President for Diversity, Equity, Inclusion, and Justice, issued the following statement on the bill:
“All people in the Bay region and around the country have the right to a clean, safe, healthy environment, regardless of who they are or where they live.
“The A. Donald McEachin Environmental Justice for All Act would equip marginalized communities with a comprehensive set of legal, financial, and policy tools to combat the kind of entrenched environmental injustice that results in nine Superfund toxic waste sites being located within a 15-mile radius of the predominantly Black community of Portsmouth, Va., or deadly heat islands threatening formerly red-lined neighborhoods in Baltimore and Harrisburg.
“I can think of no greater way to honor Rep. McEachin’s legacy of fighting for environmental justice and health equity than for Congress to act on this landmark legislation without further delay.”
