Court Ruling a Huge Loss for Stormwater Solutions in Maryland
After Years-Long Legal Battle, Environmental Partners Urge State to Step Up on Stormwater Runoff—Maryland’s Fastest Growing Pollution Source
Earlier this month, a Maryland judge issued a disappointing decision after environmental groups spent years fighting to protect people and the environment from harmful stormwater pollution, flooding, and contamination. The Circuit Court for Baltimore County upheld the Maryland Department of the Environment’s (MDE) 20-SW general industrial stormwater pollution permit, which environmental groups say does not adequately reduce pollution entering Maryland waterways.
The groups—including Chesapeake Legal Alliance (representing Blue Water Baltimore and Gunpowder Riverkeeper), Environmental Integrity Project (representing Potomac Riverkeeper Network), and the Chesapeake Bay Foundation—argued for years that MDE’s permit fails to keep up with more intense storms from climate change, allows toxic pollutants to reach rivers and streams, and threatens the most vulnerable Marylanders.
Stormwater pollution is the fastest growing source of pollution in Maryland. It occurs when rain washes toxic chemicals, oil, grease, and waste from Maryland’s roads, parking lots, and industrial sites into local waterways. When not managed properly, stormwater can cause flooding, safety concerns, and major damage to homes and businesses.
Maryland’s 20-SW general industrial stormwater permit is responsible for reducing pollution at over a thousand industrial sites across the entire state, including manufacturing sites, scrap yards, auto yards, coal handling facilities, and landfills.
MDE issued their initial 20-SW permit in November 2022 after a public comment period that garnered extensive concerns from environmental partners. In December 2022, the groups filed an initial challenge and began negotiations with the agency. MDE then released an updated permit in February 2025 which included little to no improvements. The environmental groups proceeded with their challenge to the legality of the permit and gave oral arguments in April 2026. After four years of court battles, a judge decided this month that MDE’s permit is within state and federal law.
As the environmental partners consider potential next steps in this case, they are also urging MDE and the Maryland General Assembly to reform the state’s stormwater pollution permits through policy changes.
Maryland has dozens of stormwater permits and programs that MDE and other state agencies can and should improve. Maryland has made zero progress reducing stormwater pollution between 2009 and 2023, and its current stormwater regulations are not keeping pace with the impacts of climate change.
There will be multiple opportunities over the next year for Maryland residents to speak up on stormwater pollution, including updates to Municipal Separate Storm Sewer System (MS4) permits for major jurisdictions, and new bills that will be introduced in the 2027 General Assembly session.
The environmental groups involved in the 20-SW permit challenge are committed to tackling Maryland’s growing stormwater pollution problem. They have each issued the following statements.
Chesapeake Bay Foundation Maryland Staff Attorney Matt Stegman said:
“This is a huge loss for clean water in Maryland. But the fight is far from over. Stormwater pollution is only getting worse from climate change and more development. The flooding, contamination, and damage that follows will continue to threaten our communities unless MDE and legislative leaders step up.”
Chesapeake Bay Foundation Litigation Staff Attorney Sheronda Rose said:
“The court’s decision undermines the intent of state and federal environmental laws enacted to protect communities and waterways from industrial stormwater pollution and hold industry to account for the impacts of their operations. To close these gaps, legislators must strengthen legal and regulatory requirements and ensure meaningful accountability.”
Chesapeake Legal Alliance Senior Attorney Evan Isaacson said:
“The health of tens of thousands of Marylanders living in the shadow of industry depends on dramatically reforming this single permit. Whether we’re talking about the safety of fenceline communities or restoration of urban waters, it all depends on having a functional Clean Water Act permit, which we do not have. Fortunately, the Department is beginning the process of rewriting the next generation of this permit and we are calling on them to work with the public as soon as possible to create a permit that actually protects people and their resources from the toxins leaching off all of these industrial sites.”
Abel Russ, Acting Director of Law and Policy for the Environmental Integrity Project, said:
“MDE is not paying attention to this huge source of pollution. There are no sampling requirements for four out of five years of each permit cycle, which means that MDE is choosing to ignore potential problems 80 percent of the time. The U.S. EPA, National Research Council, and affected citizens have all said that this isn’t good enough, but MDE has ignored them. What will it take for the Department to do its job?”
Alice Volpitta, Baltimore Harbor Waterkeeper with Blue Water Baltimore, said:
“Industrial pollution is choking the Patapsco and Back Rivers, and slowly killing the Chesapeake Bay. We are disappointed by the court’s decision, but this ruling doesn’t change the fact that Baltimore’s streams, rivers, and Harbor deserve stronger protections. That’s exactly what we’ll keep fighting for.”
Gunpowder Riverkeeper Theaux Le Gardeur said:
“The court’s decision to afford the agency deference with impunity by upholding a weak, boilerplate Clean Water Act permit fails to protect water quality and communities downstream. It’s hard for Gunpowder RIVERKEEPER to ignore MDE’s physical inspection rate of visiting only 26 of the 116 industrial sites over a 5-year term along the Bush, Gunpowder, and Middle Rivers.”
Betsy Nicholas, President of Potomac Riverkeeper Network, said:
“Industrial stormwater dischargers—airports, scrapyards, landfills, and chemical plants, among dozens of other industries—are facilities in our communities, near homes, schools, and public spaces. Marylanders deserve the protections of enforceable permit limits on facilities that discharge toxic contaminants to our neighborhood streams.”
For Information Contact
Valerie DiMarzio, Chesapeake Bay Foundation, vdimarzio@cbf.org, 215-900-5719
Evan Isaacson, Chesapeake Legal Alliance, evan@chesapeakelegal.org, 410-216-9441 x 207
Leanna Frick, Blue Water Baltimore, lfrick@bluewaterbaltimore.org, 301-602-0699
Fritz Schneider, Potomac Riverkeeper Network, fritz@prknetwork.org, 301-728-4811
