The Chesapeake Bay Foundation is following through on its threat to sue the Environmental Protection Agency after the two sides failed to reach an agreement on the Chesapeake Bay cleanup.
“It was clear there was no turnout, and we felt we had no other choice but to go forward,” said CBF President Will Baker.
The Chesapeake Bay Foundationoundation and other Bay advocates are expected to file the lawsuit today in the U.S. District Court for the District of Columbia at the end of a required 60-day negotiation period. The groups issued a notice of intent to sue in October.
Environmental groups allege the EPA has failed to comply with the agreements to reduce nutrient pollution 40 percent and remove the Bay from the Clean Water Act impaired waters list by 2010. The EPA enforces the Clean Water Act.
“This lawsuit is about one thing [and] that’s requiring the EPA to enforce the Clean Water Act,” Baker said.
The groups are calling on the federal court to force the EPA to set deadlines and enforce sanctions to reduce pollution from air, wastewater treatment plants, and urban, suburban and agricultural runoff.
“This case will put the Chesapeake Bay clearly on the desk of the new EPA administrator,” Baker said.
The lawsuit also highlights engineering and construction projects aimed at cleaning up the Bay that could get a boost from a federal economic stimulus package.
The foundation was joined in the lawsuit by the Maryland Watermens Association, Virginia State Waterman’s Association, Maryland Saltwater Sportfishermen’s Association, former Maryland Gov. Harry Hughes, former Maryland Sen. Bernie Fowler, former Virginia legislator and Natural Resources Secretary Tayloe Murphy and former Washington, D.C., Mayor Anthony Williams.
“Nothing’s happened over the last 10 years with the EPA, so it’s no surprise” an agreement couldn’t be reached before going to court, said Larry Simns, president of the Maryland Watermns Association.
Benjamin Grumbles, EPA’s assistant administrator for water, said the agency is committed to working with its partners to clean up the Bay.
“We’ve had several good discussions with CBF on ways to accelerate and sustain progress recently,” he said in a statement, “and we hope the lawsuit doesn’t divert energy and attention away from the Bay’s watersheds and tributaries to courtrooms and lawyers.”
