Anne Arundel May Sue EPA For Failing To Protect Chesapeake Bay

ANNAPOLIS, MD — Anne Arundel County Executive Steuart Pittman said the county is considering suing the U.S. Environmental Protection Agency for what he called a failure to enforce the Clean Water Act and protect the Chesapeake Bay. The county joins the Chesapeake Bay Foundation, the District of Columbia and the states of Maryland and Virginia in suing the federal agency.

Anne Arundel County has more than 500 miles of shoreline along the Chesapeake Bay and its tributaries. Residents and tourists regularly visit the area to enjoy fresh seafood and engage in recreational opportunities. Travel and tourism spending in the county is estimated to exceed $3.5 billion annually, providing support for more than 30,000 workers. The county has invested more than $500 million in the last decade in upgrades to its wastewater treatment plants and stormwater infrastructure to protect the bay.

“Anne Arundel County residents have invested far too much in the Chesapeake Bay restoration effort to watch from the sidelines as the EPA abandons its obligations,” said Anne Arundel County Executive Steuart Pittman in a statement. “Since the federal government refuses to lead, placing our local economy, our residents, and our very way of life at risk, I must ask the courts to intervene and make them lead.”

Pittman noted that Anne Arundel County, along with other municipalities and states, have made "significant investments" to restore the Chesapeake Bay in accordance with the EPA’s restoration goals. However, Pennsylvania and New York have failed to meet similar goals. Rather than forcing these states to revise their latest plans, the EPA accepted plans that will not achieve clean water goals, he said.

Gov. Larry Hogan said Pennsylvania is far behind its Bay commitments, and the EPA hasn't forced that state to step up. In January, Hogan called for his state attorney general to initiate legal actions against Pennsylvania, citing the "obvious inadequacy" of its Bay cleanup plan, and against the EPA, which he said has "no intention" of forcing his northern neighbor to do more, reports the Chespeake Bay Journal.

The EPA then criticized Maryland for threatening to sue the agency and Pennsylvania. "Diverting our collective resources to litigation will undoubtedly distract from efforts to restore the Bay and harm the existing partnership among the parties that has been the hallmark of the effort," said the letter from EPA Region III Administrator Cosmo Servidio.

The agency has come under increasing fire for not doing enough to press Pennsylvania to do more. The state is far behind in its efforts to reduce nutrient pollution and last year submitted a cleanup plan that fell 25 percent short of achieving its nitrogen reduction goals and identified an annual funding gap of $324 million.

In reviewing Pennsylvania's plan at the end of last year though, the agency acknowledged the shortfall but did not announce any new regulatory actions. Instead, it offered the state more technical and financial support.

Maryland Attorney General Brian E. Frosh, joined by the Attorneys General of Virginia and the District of Columbia, on Monday announced the state would be suing the EPA, too.

“The Chesapeake Bay is one of our country’s most valuable natural resources,” Frosh said in a statement. “Restoring the health of the Bay will take a coordinated, multi-state effort with every state sharing the burden. EPA has abandoned its responsibility to regulate and manage the efforts of the Bay states. Together, we fully intend to hold EPA accountable and require it to perform its regulatory duty.”