Lawsuit Paused After Maryland Salmon Farm Requests Permit Modifications

Last week, the Cecil County Circuit Court granted a stay, or hold, on the Chesapeake Bay Foundation’s (CBF) challenge to a Maryland discharge permit for the proposed AquaCon salmon aquaculture facility in Port Deposit, Maryland. The stay will remain in place while the Maryland Department of the Environment (MDE) reviews a permit modification request from AquaCon that has the potential to better protect water quality in the Susquehanna River and Chesapeake Bay.  

In April 2025, CBF challenged MDE’s wastewater discharge permit for the proposed facility because it would not adequately prevent pollution from entering Maryland waterways. AquaCon’s newly proposed facility is just five miles upstream from the famed Susquehanna Flats underwater grass beds—a critical nursery habitat for striped bass, perch, American and hickory shad, and other iconic Bay wildlife. 

After CBF’s case was filed, AquaCon submitted a permit modification request asking MDE to strengthen six key provisions in the permit. The requested modifications have the potential to improve the permit’s environmental protections, and therefore the parties have agreed to pause the lawsuit pending the completion of the permit modification process.  

CBF’s legal challenge is based on serious concerns regarding the facility’s wastewater discharge permit for its purge water. Purge water is the slimy rinse water that’s generated when land-grown fish are held prior to harvest to rid them of a musty taste. Maryland’s discharge permit regulates how much purge water, and whatever nutrient, sediment, and other pollution it contains, can be piped directly into the Susquehanna River—which contributes roughly 50 percent of the total freshwater into the Bay.  

Most concerning in the original permit was the large volume of pollution allowed to enter the river, and the lack of a complete and enforceable nutrient offset plan, which is intended to mitigate the facility’s environmental harm. AquaCon’s permit modification request attempts to address several of the concerns raised in the case by making pollution limits more stringent. 

All parties have agreed to put a hold on CBF’s lawsuit pending the final permit modification process. This process will include another chance for CBF and community members to review the proposed revisions to the permit and provide comments. Interested parties can attend a public informational meeting held by MDE on Jan. 7 at 5:30 pm at the Cecil County Public Library. 

A wastewater discharge permit is just one of several permits AquaCon must obtain before it can operate. CBF will be monitoring this project closely as it progresses. 

CBF’s Maryland Staff Scientist Gussie Maguire issued the following statement: 

“The Susquehanna Flats are simply too precious to roll the dice. Land-based, recirculating salmon farming is still an experimental industry. As the first of its kind in Maryland, the AquaCon facility must be held to the highest sustainability standards. 

“We’re hopeful that this process will lead to a stronger permit and, in turn, cleaner water and protection of critical habitats. We will be keeping a close eye on this permit modification process and future permits as the project continues.”