In a major win for the health of local waterways, a federal judge ruled on September 13 that the Environmental Protection Agency (EPA) has the authority to set limits on pollution entering the Chesapeake Bay. PennFuture was part of a coalition of public interest groups that joined the lawsuit to help defend the EPA’s cleanup plan and the decades-long, collaborative process that led to its development. We are also the Pennsylvania state lead for 40-plus members of the Choose Clean Water Coalition (CCWC).
Read on for what happened and why this is so significant. This blog entry is reposted courtesy of the Choose Clean Water Coalition and is authored by CCWC director, Hilary Harp Falk. http://choosecleanwater.org/press-room/blog/chesapeake-bay-clean-up-wins-big-in-court-a-time-to-celebrate-and-a-time-to-move-forward/
Chesapeake Bay cleanup wins big in court: A time to celebrate and a time to move forward
Friday afternoon around 3:30 p.m., the emails started rolling in with two words: “We won." The history of the Chesapeake Bay clean up is long, with many twists and turns, but on Friday a judge in Pennsylvania confirmed that the Environmental Protection Agency (EPA) has the authority to develop a pollution limit for the Chesapeake Bay and that history, science and law all support its development. This is a huge win for the Chesapeake Bay and the 17 million people in the region who rely on clean water.From our friends at the Chesapeake Bay Foundation, National Wildlife Federation, Defenders of Wildlife, Midshore Riverkeeper Conservancy, and PennFuture to Jefferson County (WV) Public Service District, the National Associations of Clean Water Agencies, the Maryland Association of Clean Water Agencies, the Virginia Association of Clean Water Agencies and the Pennsylvania Municipal Authorities Association, interveners in the case helped EPA demonstrate that pollution limits for the Chesapeake Bay established in December 2010 are within the Agency’s authority, based on sound science, and that the Farm Bureau and Homebuilders - the industry groups that had brought the suit in 2011 - had ample time to review and comment on the proposed limits.
Judge Rambo said in her decision that the Chesapeake Bay Partnership undertook significant efforts to preserve the framework of cooperative federalism as envisioned by the Clean Water Act, and that EPA did not unlawfully infringe on the Bay states’ rights because the Clean Water Act is an “all-compassing” and “comprehensive” statute that envisions a strong federal role for ensuring pollution reduction. After 31 years, the Clean Water Act has been proven to be the right way to go and, once again, this partnership between federal and state governments has stood up as the best way to get clean water.
Now, it is time to move on and get back to work. We still do not have the results that people want and deserve: Clean water, fishable rivers and streams, and the economic and environmental benefits that they bring. With pollution limits firmly in place, we can go back to taking the necessary actions to reduce pollution and protect the water on which millions of people depend.
The Farm Bureau may appeal this ruling. We hope not. Money would be better spent implementing conservation practices. We need to move forward with the work ahead of us so that future generations will have clean water.
We've received the following celebratory statements from interveners in the case:
Will Baker, president of the Chesapeake Bay Foundation: “This is a great day for clean water in the region, there could be no better outcome. CBF and our partners respectfully salute the thoughtful legal decision-making by Judge Rambo, the presiding federal judge in the United States District Court for the Middle District of Pennsylvania.”
Larry Schweiger, president and CEO of the National Wildlife Federation: “As one of the 17 million people who live near a river or stream flowing to the Chesapeake Bay, I am thrilled that the court ruled in favor of clean water, fishable rivers and safe places for children to swim. The court made it clear the agency is authorized to continue doing what is necessary to reduce pollution entering the Chesapeake Bay and protect the water that sustains people, wildlife and livelihoods. The science-based standards create accountability and are leading to real results.”
Tim Junkin, executive director of the Midshore Riverkeeper Conservancy: “Everyone -- farmers and homeowners, rural and urban -- all realize clean water is vital to their community and to their economy. Midshore Riverkeeper Conservancy joined this lawsuit to represent the voice of rural areas and small towns. We don’t know what purpose this suit was meant to serve but it was not in most people’s interests. We are thrilled that EPA has prevailed. It is a critical time and the clean water blueprint offers a new approach and requires that everyone does their fair share to clean up our local waters.”
Michael Senatore, vice president for conservation law at Defenders of Wildlife: “The court’s decision is great news for fish and wildlife that depend on a healthy Bay for their survival. If implemented properly, the rule has the potential to significantly improve the ecological health of the Bay for the benefit of wildlife and people alike.”
Jim Abernathy, interim president and CEO of PennFuture: "Friday’s federal court decision clears the way for EPA and the states in the Chesapeake Bay watershed to carry out their responsibilities to clean up our polluted streams. We will continue our work to protect streams and rivers in Pennsylvania for the benefit of our state’s environment and citizens."
