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Boaters and environmental groups sue EPA over Chesapeake Bay water quality

By IBI Magazine

The Chesapeake Bay Foundation, Maryland Saltwater Sportsman's Association (MSSA) and other boating associations yesterday filed a lawsuit against the US Environmental Protection Agency (EPA), citing 25 years of "promises broken and commitments unfulfilled" in terms of improving water quality in Chesapeake Bay. The environmental group is the lead plaintiff in the lawsuit, which would require the EPA to reduce pollution to remove the country's largest estuary from the federal "impaired waters" list. CBF said in a statement it is the "most significant lawsuit in the history of Bay restoration."

CBF president William Baker said that recent discussions with EPA have not resulted in a legally binding pollution reduction budget to restore water quality. "CBF believes that after 25 years of failed policies the only way to ensure that EPA does its job is to have a court order requiring it," said Baker.

The statement said that since 1983, EPA and the four states bordering Chesapeake Bay have signed three agreements to restore water quality. The most recent agreement in 2000 called for the Bay to be removed from the federal "impaired waters" list by next year. "EPA has acknowledged that the goal will not be met and there is now discussion of pushing that goal back to 2020 or beyond," read the statement.

"Over the last eight years the EPA, which has the responsibility to lead the effort to enforce the Clean Water Act, has abdicated leadership and weakened regulations that would have reduced pollution," said Baker. "The Bay is still polluted due to the lack of political will."

MSSA executive director Rich Novotny told IBI that water quality has decreased noticeably over the past two decades. "It's progressively getting worse," said Novotny, whose association represents recreational anglers on Chesapeake Bay. "We are seeing more algae blooms in the form of red tides, so the fish go somewhere else in order to feed. We are very much concerned about the worsening water quality."

The lawsuit would require EPA to commit to achieve 80 per cent of the pollution reduction goal by 2012, with full implementation by 2015. It cited 33 actions the agency could take to reduce pollution on Chesapeake Bay.

"With a new Administration, there is hope for change. This lawsuit will put Chesapeake Bay restoration efforts directly in front of the new EPA administrator," said Baker, adding that the lawsuit could be a "model" for water-quality restoration across the US.

EPA did not reply to requests for a comment on the lawsuit.

(6 January 2009)


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