Press Statement

In an important step toward reducing sewage pollution to the James River and its tributaries, conservation groups and the County of Henrico have finalized a settlement agreement to reduce violations at the County’s Water Reclamation Facility and the system of pipes, known as the collection system, that send sewage to that plant.

The settlement agreement requires Henrico County to invest $1 million in an environmental project that will reduce pollution and benefit Henrico residents. The County will also take numerous other actions to address sewage pollution and protect the health of Henrico residents, including substantially improving notification of sewage overflows near where people live, work, and play.

This agreement is the result of concerns raised by the Chesapeake Bay Foundation (CBF), James River Association (JRA), and the Environmental Integrity Project (EIP) about decades of water pollution violations by Henrico County’s sewage collection system and treatment plant. In December 2021, CBF and JRA filed a lawsuit related to these violations in the U.S. District Court for the Eastern District of Virginia. JRA is represented by EIP, and CBF is represented by its own in-house attorneys.

The court dismissed the case on Feb. 28 after the conservation groups filed a motion to dismiss because a settlement was reached. In addition to the $1 million investment in environmental restoration, Henrico County agreed to modifications of its consent order with Virginia’s Department of Environmental Quality (DEQ), which now requires Henrico County to:

• Notify the public of sewage overflows from its collection system into waterways through a web-based map that is updated daily, and public outreach through door hangers and bill inserts;
• Accelerate construction of new filters at its wastewater treatment plant;
• Ramp up sewer inspections, including through video inspections of sewer pipes and smoke testing;
• Launch a problem sewer cleaning program;
• Consider a program to address sewage overflows originating on private property; and
• Take into account the effects of heavier rainfalls due to climate change on Henrico’s sewage system.

The 34-year-old Henrico County Water Reclamation Facility and its connected collection system have been subject to at least 40 violation notices and five different state consent orders since it began its operation in 1989. Raw sewage released into the James River related to these violations has posed a threat to the environment and the health of people who spend time on the water.

Chesapeake Bay Foundation (CBF) Virginia Executive Director Peggy Sanner issued the following statement:

“This settlement is a big win for Henrico County residents, who will now benefit from a $1 million investment in environmental restoration to reduce pollution, better access to timely information on sewage overflows, and many other measures that will protect residents and the James River for years to come. Achieving these goals was the result of dedicated work by all participating entities, including the County of Henrico, CBF, JRA, and EIP.”  

James River Association CEO Bill Street issued the following statement:

“This legally enforceable agreement ensures that the public will be better informed and protected from sewage spills and pollution violations. Additionally, we are pleased that all parties involved were able to reach agreement on projects that will benefit the James River and consider climate change impacts in future plans.”   

Environmental Integrity Project Deputy Director Jen Duggan issued the following statement:

“The James River is such an historic and iconic waterway, it is great news that this settlement agreement will help reduce sewage overflows that pose a public health threat to kayakers and anglers. Henrico County’s new public notification system, improved inspections, and wastewater filters – among other steps – will all help the cause of a healthy and restored James River.”

CBF: Harvest Increases Must Be Slow, Cautious for Oyster Recovery

The Virginia Marine Resources Commission (VMRC) today extended the Virginia oyster season in certain waters after a recent evaluation found the Virginia oyster stock at its best condition in a generation. 

This oyster season extension will likely lead Virginia’s public oyster harvest to top 300,000 bushels for the first time since the 1987-88 season, according to a VMRC staff evaluation. Virginia’s oyster fishery crashed after that season due to disease and overharvest. It is “only recently beginning to show signs of sustained recovery,” VMRC staff said, encouraging the VMRC to take “a conservative and incremental approach when considering increasing harvest amounts.” 

The Chesapeake Bay Foundation’s (CBF) 2022 State of the Bay report noted record years for oyster reproduction in both Maryland and Virginia in 2020 and 2021 coupled with several years of below-average mortality from disease and predators. But the CBF report cautioned that increasing the oyster harvest too quickly has limited recovery in the past.  

The Commission today approved a change supported by VMRC staff extending the oyster harvest season by two weeks in March and April in portions of waterways where oyster populations are strong. This is in addition to a separate season extension the VMRC approved in late January for portions of the James and Rappahannock Rivers.  

CBF Senior Regional Ecosystem Scientist Chris Moore issued the following statement. 

“Virginia’s latest oyster numbers are another promising sign that oyster populations are continuing to recover in the Chesapeake Bay and its tributaries. We are fortunate to now be able to contemplate harvest increases that benefit local economies and local seafood lovers.  

“Changes to oyster regulations must be done very carefully. In the past, increases in oyster numbers have quickly led to harvest increases, limiting long-term recovery.  

“The Chesapeake oyster is still in the very early stages of a comeback after a tremendous amount of investment in reducing pollution to the Bay, years of diligent fishery management, and significant successful state and federal investment in oyster restoration. To keep oyster numbers growing, harvest increases must continue to be done slowly, incrementally, and cautiously, as VMRC staff recommends.”  

Today legislators in the Virginia Senate and House of Delegates commended the Chesapeake Bay Foundation’s (CBF) environmental education program on its 50th anniversary with a joint  resolution. The resolution by Senator David Marsden and Del. Schuyler VanValkenburg is available at this link.  

CBF began its award-winning environmental education program in 1973 and has since provided hands-on outdoor experiences to more than 1.5 million people. Today, CBF’s program reaches more than 10,000 Virginia students and teachers a year through field trips, teacher training, curriculum materials, and restoration programs. 

CBF’s outdoor education programs combine learning with nature to benefit both the environment and educational outcomes. Research shows that outdoor learning helps students develop resilience, problem solving, critical thinking, leadership, and teamwork, and leads to higher test scores and stronger engagement in school. 

CBF Vice President for Education Tom Ackerman issued the following statement.  

“Environmental education connects students with the world that surrounds us. Hands-on learning, whether paddling a canoe, pulling up a crab pot, or investigating the health of a local stream, shows us how we’re all connected. This type of outdoor learning prepares students to solve the complex problems that face our society.  

“Over the last 50 years, CBF’s environmental education program has helped transform 1.5 million students into the next generation of leaders. We’re honored by this recognition from the Virginia House and Senate and look forward to many more years of hands-on outdoor learning with Virginia students and teachers.” 

Today, Maryland, Baltimore, and Baltimore County officials announced a new state bill to create a task force to examine wastewater and drinking water issues in the Baltimore region.

The legislation comes after former Maryland Attorney General Brian Frosh warned lawmakers that understaffing of water inspectors at Maryland Department of the Environment was compromising drinking water safety. Lack of staffing at MDE and other issues have also led to a nearly two-decade decline in water quality enforcement activities, according to a report by the Chesapeake Accountability Project.

In spring of 2021, significant failures at the state’s two largest wastewater treatment plants—Back River and Patapsco—were publicly revealed after an investigation by the nonprofit Blue Water Baltimore. In response, the state ordered the Maryland Environmental Service to take over the Back River plant from Baltimore City’s Department of Public Works to handle the backlog of maintenance and service needs. Since then, the Back River plant has shown improvement in reducing pollutant discharges into Back River. However, the latest MDE inspection report from the Patapsco plant shows it’s still struggling to meet its pollution permit limits due to service and maintenance failures.

Excessive pollution discharges from the two wastewater treatment plants operated by Baltimore City are compromising efforts in Maryland to meet Chesapeake Bay cleanup requirements.

In response to today’s bill announcement, CBF’s Maryland Senior Scientist Doug Myers issued the following statement: 

“The current system has serious flaws, as shown by the recent failures of the state’s two largest wastewater treatment plants and numerous customer service issues. Cooperation between the city and counties coupled with adequate maintenance funding are necessary to bring these systems back to 21st century operations. We hope this task force gets to the bottom of the troubling issues that have plagued the water and wastewater systems in the Baltimore area. We urge officials to use this opportunity to also increase transparency and communication with the community about ongoing wastewater and drinking water issues.” 

Maryland Gov. Wes Moore’s newly released state budget includes funding for several high priority initiatives to improve Chesapeake Bay.

The Fiscal Year 2024 budget provides 43 new positions and $3.7 million in funding for the Maryland Department of the Environment (MDE) to enable the agency to close the extensive backlog of administratively continued pollution discharge permits.

CBF along with other environmental organizations have called on the state to review these so-called “zombie permits” because their pollution limits are often outdated and poorly enforced. The new MDE inspectors will help ensure that industrial and other types of facilities that are permitted to pump polluted water directly into the state’s waterways are complying with environmental regulations, which could reverse the state’s 20-year decline in clean water enforcement activities.

Gov. Moore’s budget also includes $15 million to implement the Tree Solutions Now Act of 2022, which requires the state to plant 5 million trees by 2030, including 500,000 in underserved urban areas. The funding will support farmers and community-based organizations interested in planting trees. Planting new trees is one of the most cost-effective ways to limit Chesapeake Bay pollutants and mitigate climate change in cities and on agricultural lands.

The budget also allocates $2 million for a new Chesapeake Bay bottom geological survey, which aims to overhaul maps last updated in the 1970s and 1980s that are used to make decisions about oyster management and other issues. CBF has previously urged officials to conduct the survey to better understand where potential oyster restoration projects could have the most success.

Gov. Moore’s first budget also allocates significant funding to helping the state meet requirements of the newly established Climate Solutions Now law. This includes a $13.8 million increase for state renewable energy programs and a $15.7 million increase in the state’s energy efficiency grants program.

Taken together, these initiatives will help Maryland accelerate progress to reach the 2025 Chesapeake Clean Water Blueprint during a time when cleanup efforts are struggling. CBF’s State of the Bay report graded the overall health of the Bay as a D+, marking the third time in a row the grade in the biennial report has not changed.

In response, CBF’s Interim Maryland Executive Director Erik Fisher issued the following statement:

“This budget includes important investments that follow through on commitments made for Maryland’s environment. The new funding and staff for MDE’s enforcement programs are sorely needed to address the lack of oversight resulting from outdated permits spanning nearly two decades. Investments in tree plantings will help Maryland mitigate the effects of climate change, put more natural air and water filters throughout the landscape, and beautify our communities. The Bay bottom survey will give us a clearer view of the status of the Bay’s underwater habitats and the potential for future oyster restoration in Chesapeake Bay.

“The new budget represents a strong start for the environmental initiatives being pursued by Gov. Moore, Lt. Gov. Miller, and the administration. We’ll continue to watch the budget process closely to ensure programs for clean water are supported and fully funded as the budget makes its way through the General Assembly.”

Maryland Governor-elect Wes Moore today appointed Josh Kurtz as Maryland’s Secretary of the Department of Natural Resources.

For the last two years, Kurtz has served as the Chesapeake Bay Foundation’s (CBF) Maryland Executive Director. As Maryland Executive Director, Kurtz has led CBF’s efforts to improve water quality across Maryland and help the state reach its 2025 Chesapeake Clean Water Blueprint pollution reduction goals.  This included efforts to plant more trees, conserve forested land, help farmers make environmental improvements, green cities, and ensure the state maintains sustainable fisheries.

Kurtz joined CBF in January 2021 after serving as the policy and government relations director for The Nature Conservancy in Maryland. Kurtz previously led advocacy campaigns at the Maryland General Assembly and the D.C. City Council to generate support for environmental conservation and policies to reduce climate change.

Kurtz has a master’s degree in public policy from George Mason University and a bachelor’s degree in wildlife conservation from the University of Delaware.

Gov.-elect Moore also announced the appointments of Serena McIlwain as Secretary of the Department of the Environment and Kevin Atticks as Secretary of the Department of Agriculture.

In response to the news, Chesapeake Bay Foundation President Hilary Harp Falk issued this statement:

“Josh Kurtz brings to his new position a broad and deep understanding of the issues facing Maryland’s natural resources.  An environmental policy expert by training and experience, Josh approaches natural resources issues with respect for science, compassion for the people whose livelihoods depend on a healthy environment, and a deep commitment to improving the lives of Marylanders.  

“We look forward to working with all of Governor-elect Moore’s appointees toward our common goals of clean water, strong economies, and healthy communities.”

Trisha Salvia, Interim Director for the Chesapeake Bay Foundation (CBF) in Pennsylvania, applauded the nominations of Russell Redding and Cindy Adams Dunn to return as Secretaries of the Pennsylvania Departments of Agriculture, and Conservation and Natural Resources, respectively. 

Redding and Dunn were nominated to retain their Cabinet posts by incoming Pennsylvania Governor Josh Shapiro. Shapiro will be sworn in as Pennsylvania’s 48th Governor on Jan. 17.

Redding previously served as Agriculture Secretary under Governor Ed Rendell from 2009-2011. In 2015, Redding and Dunn were nominated by Governor Tom Wolf and confirmed.

Rich Negrin was nominated by incoming Governor Shapiro and would be the first Latino to serve as Secretary of the Pennsylvania Department of Environmental Protection. 

Of the nominations, Ms. Salvia said:

“CBF is thrilled that Russell Redding and Cindy Adams Dunn have been nominated to continue to lead the Departments of Agriculture, and Conservation and Natural Resources. We also welcome the opportunity to work with Mr. Negrin in the capacity of Secretary of the Department of Environmental Protection.

“Throughout her career Cindy Dunn has been a clean water champion and as Secretary worked tirelessly so that Pennsylvanians can get the most enjoyment from the 2.2 million acres of state forest land and 124 state parks that DCNR oversees.

“Under Secretary Dunn’s leadership, DCNR has made planting streamside buffers a priority practice and has been working with the Keystone 10 Million Trees Partnership to improve the quality of local rivers and streams.

“As the consummate public servant, Agriculture Secretary Russell Redding has been a steady, guiding force at the helm of one of Pennsylvania’s most important industries.

“This would be the third administration for Russ Redding to serve as Secretary of Agriculture, and he has been a stalwart leader and advocate for farmers across the Commonwealth since day one. 

“As Pennsylvania’s farmers continue to face economic, social and environmental challenges, we at CBF believe that with Russ Redding’s leadership, the future of agriculture in the Commonwealth is in more than capable hands.

“Mr. Negrin most recently served as the vice president of Regulatory Policy and Strategy and head of external affairs at Commonwealth Edison.

“We wish Mr. Negrin the best of luck and pledge CBF’s continued commitment to working with the Department of Environmental Protection to reduce pollution and provide the clean air and rivers and streams that are the right of every Pennsylvanian.

“We look forward to working with the Departments of Agriculture, Conservation and Natural Resources, and Environmental Protection, so that we can leave a legacy of clean water for future generations.”

(ANNAPOLIS)—Today, the Chesapeake Bay Commission (CBC) announced it selected Anna Killius as its new Executive Director. Killius will lead the organization following the retirement of longtime CBC Executive Director Ann Swanson in November.

Killius, who most recently served as the advocacy director for the James River Association in Virginia, worked as a Chesapeake Bay Foundation (CBF) legal intern in CBF’s Richmond office in 2012 while in law school at William & Mary. She also served on the legislative staff for Maryland Congressman John Sarbanes handling Chesapeake Bay policy issues and others.

CBF’s Virginia office has worked closely with Killius and the James River Association on countless issues to improve the health of the river and the Bay.

The CBC coordinates with state legislatures and the U.S. Congress to provide information about how legislation and policy could affect the Bay watershed and the ongoing efforts to improve water quality in the nation’s largest estuary.

CBF President Hilary Falk issued the following statement:

“The Commission chose a terrific person for this position. Anna is a skillful, knowledgeable, and respected partner of CBF and other environmental organizations. She has broad experience with the federal and state legislative processes and will be a tremendous asset leading the Commission’s important work. We look forward to working with Anna.”