(CN) — Settling a Trump-era lawsuit, the U.S. Environmental Protection Agency on Wednesday agreed to ramp back up efforts to reduce water pollution in Chesapeake Bay.
As part of the deal, the EPA formalized an environmental-protection agreement with a group of affected states and agreed to once again require Pennsylvania to reduce stormwater pollution in the bay. Pennsylvania contributes more of some types of water pollution to the Chesapeake Bay than any other state inside the watershed, which also encompasses New York, West Virginia, Maryland, Delaware, Virginia and Washington, D.C.
The suit, filed in a federal court in Washington, D.C. in 2020, was first brought by the Chesapeake Bay Foundation, a conservation group.
The foundation was joined by several other environmental organizations, and the suit was later combined with a similar case brought by the states of Delaware, Maryland and Virginia, along with Washington, D.C. Other plaintiffs in the combined suit included Anne Arundel County in Maryland, the Maryland Watermen’s Association and Virginia farmers Bobby and Jeanne Hoffman.
The lawsuit accused the EPA of failing to uphold its enforcement responsibilities as outlined by the Clean Water Act. Among other issues, it argued the EPA wasn't keeping Pennsylvania in line with the goals of the Chesapeake Bay Program, a regional partnership focused on improving water quality in the bay.
That program — of which Pennsylvania is a signatory — agreed in 2010 to meet higher water quality standards by 2025. Both of the original suits, later consolidated, were brought after Pennsylvania in 2019 failed to submit a plan to meet its 2025 clean-up goals.
Large amounts of nitrogen, phosphorous and other contaminants were continuing to enter Chesapeake Bay from the Keystone State, the suit alleged, contributing to dirtier water and oxygen-starved "dead zones." Some of these pollutants, including nitrogen and phosphorous, are known as "nutrient" pollutants because they help nourish dangerous and unwanted algae blooms.
A draft version of the settlement was previously published for public comment in April. Under the finalized version Wednesday, the EPA agreed to increase its enforcement and monitoring of water pollution in Pennsylvania — while also further evaluating strategies to help the Keystone State reduce contaminants from stormwater runoff.
In a statement, Adam Ortiz, EPA's regional director for the mid-Atlantic region, attributed the settling of the Trump-era lawsuit to a new presidential administration in D.C.
“This settlement closes a chapter of division and allows EPA, the Chesapeake Bay Foundation and other parties involved to continue giving our full attention to the work needed to accelerate restoration of the Chesapeake Bay and its vast watershed,” Ortiz stated. “We’re all in this together and, thanks to the Biden Administration, will seize the momentum we have."
The Chesapeake Bay Foundation praised the freshly inked agreement in a statement of its own.
The “EPA previously failed to require Pennsylvania to develop a plan to fully meet the pollution reduction goals, including [by] identifying the necessary funding or imposing consequences,” the foundation stated. “The settlement requires EPA to, among other things, look for ways to reduce pollution from agriculture — the state’s biggest source of pollution — and stormwater runoff from urban and suburban land."
When it comes to cleaning up the waters of Chesapeake Bay, this settlement marks only the beginning. All state-members of the Chesapeake Bay Program are behind on their 2025 goals to reduce nutrient pollution, and observers expect the deadline will be missed. Meanwhile, the EPA acknowledges in the agreement that some tools in its toolbox will be "subject to resource availability."
Even still, Hilary Harp Falk, CEO and president of the Chesapeake Bay Foundation, was celebrating the agreement on Wednesday. While acknowledging there is still work to be done, she said the new settlement would push Pennsylvania to address severe agricultural pollution problems.
“This settlement takes a step forward with a focus on specific problem areas,” she said, citing Pennsylvania counties that she said were among the worst pollution offenders, including Cumberland, Lancaster and York counties.
The group looked forward to working with other parties, including Pennsylvania, as they "seek to fulfill their commitments to clean water," Falk added. She called for more targeted investments to help address problem areas.
Among the work now before EPA and its partners is evaluating whether some farms in close proximity to waterways should be required to have federal permits.
The EPA will also have to decide whether some urban and suburban areas should be designated as "point sources" for waterway pollution. It will have to make the same determination for some small Pennsylvania farms that are nonetheless big polluters.
The EPA has previously weighed regulating smaller Pennsylvania farms but concluded that doing so would be difficult and time-consuming due to the vast number of smaller operations. Pennsylvania has struggled to reduce its nutrient pollution since much of it comes from farms, and Pennsylvania has more of those than any other state in the region.
The attorneys general of Maryland, Virginia, D.C. — all of which were plaintiffs in the suit — did not immediately respond to a request for comment on the settlement.
Delaware Attorney General Kathy Jennings praised the settlement on Wednesday, noting that Delaware and neighboring states relied on the Chesapeake Bay and its tributaries “economically, environmentally, recreationally, and culturally.”
“We all have a stake in its restoration — and, despite budget constraints and the scope of the challenge, Delaware and most of our region have not backed down from our duty to the Bay and to future generations,” the Democratic AG said. “There’s work left to do, and this settlement is not the final step — but this work matters, and this agreement represents a huge step forward for the millions of people who depend on the Bay.”
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