Chesapeake Bay Foundation to Sue EPA

The Chesapeake Bay Foundation and its partners filed a notice of intent to sue the Environmental Protection Agency this week. The Foundation plans to sue the EPA “for its failure to require Pennsylvania and New York to develop implementation plans that will achieve the 2025 Bay restoration goals.” The Attorneys General in Maryland, Virginia, and the District of Columbia also filed a notice that they intend to sue EPA as well. CBF President William C. Baker says the EPA has “failed to implement the Chesapeake Clean Water Blueprint.” CBF has used litigation previously to advance Bay restoration efforts. In 2009, CBF sued EPA for its failure to enforce the Clean Water Act and ensure that Bay restoration succeeds. The settlement of that lawsuit included the science-based limits established by EPA for pollution fouling the Chesapeake Bay and its rivers and streams. The states developed individual plans to achieve those limits and committed to two-year milestones that outline the actions they will take to achieve those limits by 2025.