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June 22, 2018 by Evan Isaacson

EPA Releases Expectations for Chesapeake Bay States

This is an update to an earlier post explaining why the release of EPA’s TMDL expectations is important. These posts are part of an ongoing series on the midpoint assessment and long-term goals of the Chesapeake Bay cleanup effort. 

This week, EPA’s Mid-Atlantic regional office released its final expectations for how states and their federal partners are to implement the third and final phase of the Chesapeake Bay cleanup process, which runs from 2018 to 2025. The good news is that the document is generally consistent with previous drafts and the expectations of Bay advocates. 

In my previous post, included below, I emphasized that the document would be a bellwether signaling the extent to which EPA Administrator Scott Pruitt or other Trump administration officials are overtly or publicly interfering with the future of the Bay cleanup process known as the Chesapeake Bay TMDL. At least on its face, the document shows no signs of such interference. 

Much of the strong language present in earlier drafts, including the first draft released just days before President Obama left office, are retained. In fact, in some instances, the current document doubles down on the importance of effective enforcement, accountable regulatory agencies …

June 21, 2018 by Mariah Davis
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Yesterday in this space, I took a look at the progress that three Chesapeake Bay watershed states – New York, Pennsylvania, and West Virginia – have made in implementing their Watershed Implementation Plans (WIPs), on their way – perhaps – to meeting the Total Maximum Daily Load (TMDL) pollution reduction targets for 2025. In this post, I'll take a look at Delaware, Maryland, Virginia, and Washington, DC.

Delaware

The Delaware Department of Natural Resources and Environmental Control (DNREC) is leading the WIP implementation effort in the state. The department has convened a Chesapeake Bay Interagency Workgroup made up of representatives from each DNREC Division, the Department of Agriculture, Department of Transportation, Office of State Planning Coordination, County Conservation Districts, and other stakeholders. The workgroup will focus on two selected sectors: agriculture and developed. They are responsible for recommending and reviewing sub-allocating methodologies to the various nonpoint sources within the basins, assessing …

June 20, 2018 by Mariah Davis
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The Chesapeake Bay restoration effort is arguably one of the largest conservation endeavors ever undertaken. The Bay watershed is made up of 150 major rivers and streams and contains 100,000 smaller tributaries spread across Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia and the District of Columbia. It supplies drinking water for more than 17 million residents and is one of the most important economic drivers on the East Coast of the United States.

The Chesapeake Bay Total Maximum Daily Load (TMDL), enacted in 2010 by the Environmental Protect Agency (EPA) in collaboration with the Chesapeake Bay states, is a framework for allocating and eliminating excessive loads of nitrogen, phosphorus, and sediment polluting the watershed. It was designed to ensure that pollution control measures would reduce persistent dead zones in the Bay and its tidal tributaries by 2025. As part of the TMDL, the states and …

Nov. 17, 2017 by Evan Isaacson
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Everyone should be paying attention to the tax "reform" bills making their way through Congress. Whether you are a concerned citizen, a volunteer activist, or a career advocate, chances are the tax legislation will do much more than increase or lower your tax bill.

Much of the mainstream media and financial press, along with some public finance scholars and think tanks, are doing a thorough job of explaining what the tax bills will mean for the rich and the middle class, for corporate taxes overall and some specific tax deductions and loopholes.

It is worthwhile to focus our attention on the overall economic impact of the proposed tax cut and how it will further increase social inequality in America. Certainly it is worth asking why we so desperately need a tax cut when the rich keep getting even richer, corporate profits are booming, the stock markets are …

Aug. 16, 2017 by Evan Isaacson
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It's that time of year again. No, I don't mean time for back-to-school sales, last-ditch beach getaways, or Shark Week re-runs. Instead, I'm referring to the time of year when we're once again reminded just how sick our waterways are.

Every year around this time, we read about massive dead zones and toxic algal blooms infecting large swaths of our nation's inland and coastal waters. The combination of warming water temperatures and fertilizer runoff during the growing season leads to vast areas of lifelessness for many waterways and aquatic ecosystems.

America's rivers and streams flush the excess nutrients that are applied to, or fall upon, our landscape. When these pollutants finally settle out in our estuaries, deltas, gulfs, and coastal bays, they feed a great swirl of life and death. The fertilizers not taken up by crops or land-based ecosystems instead feed algae, which decompose in a …

April 13, 2017 by Evan Isaacson
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The City of Baltimore is wrapping up an $800 million upgrade of its largest sewage treatment plant. At the same time, the city is starting a $160 million project to retrofit a drinking water reservoir; is in the midst of a $400 million project to realign a major section of its sewer system; and is spending several million on projects throughout the city to manage polluted runoff from its streets and other paved surfaces.

And these are just a few of the city's many infrastructure projects to upgrade drinking water and wastewater facilities, improve the systems of pipes that deliver clean water to homes and, separately, sewage to their treatment plants, and begin to deal with the thousands of acres of pavement that channel filthy water into the city's harbor.

Managing our need for water is both expensive and complicated. If you consider the challenge involved in …

Feb. 2, 2017 by Evan Isaacson
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This week, the Chesapeake Bay Program released its annual Bay Barometer report. Along with the Chesapeake Bay Foundation's annual State of the Bay and the University of Maryland Center for Environmental Science's Chesapeake Bay Report Card, the Bay Program's report closes out the assessments of the Bay for 2016 (for what it's worth, CPR Member Scholar Rena Steinzor and I released our own assessment last year).

The Bay Barometer is chock full of charts describing the progress (and lack thereof) being made toward the many water quality, ecologic, and wildlife outcomes established by states in the Chesapeake Bay Watershed Agreement. While glancing through several of the graphs in the Barometer report, I wondered: Which graphs would I use to convey a sense of progress? What would be my "chart of the year" for 2016?

For me, that chart-of-the-year honor has to go to a series I found …

Dec. 8, 2016 by Evan Isaacson
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Over the last couple of months, a pair of actions taken by the U.S. Environmental Protection Agency (EPA) demonstrate the glacial pace of federal stormwater management policy under the Clean Water Act. In October, EPA rejected a series of petitions by a group of environmental organizations to expand regulatory protections for certain urban waterways. Then last month, EPA issued a new national rule clarifying existing urban water quality regulations, but only because it was forced to respond to a federal court decision now more than a dozen years old.

Let's start with the good news, however minor it may be. The new stormwater rule that EPA released in November is primarily procedural in nature. The issue at hand is when the public should be able to provide input to EPA and the states regarding the issuance of permits to their towns and cities that regulate polluted …

Nov. 18, 2016 by Evan Isaacson
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Last week, the Center for Progressive Reform co-hosted a symposium with the University of Maryland School of Law entitled "Halftime for the Bay TMDL." The symposium was supposed to be about what states, cities, counties, the U.S. Environmental Protection Agency (EPA), industry, and citizens can do to accelerate progress in the second half of the 15-year Chesapeake Bay clean-up effort. However, participants decided that it was equally important to discuss the potentially alarming prospects facing future Bay progress when a new administration and Congress take control next year.

Given that the conference was held one day after the election, it is no surprise that the agenda was partially hijacked by the need to answer big questions about the very future of the Chesapeake Bay Total Maximum Daily Load (TMDL). Attendees readily identified some threats to the Bay TMDL, such as the pending congressional effort to …

July 29, 2016 by Evan Isaacson
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If a tree falls in a forest and no one hears it, does it make a sound? More to the point, if law enforcement issues a civil or criminal fine or sentence without anyone knowing, does it have an effect?

Thinking back to my criminal law course, I recall such philosophical discussions over the various theories justifying criminal penalties, such as incapacitation of the perpetrator, justice for the victim, and restoration of damages. But perhaps the most important theoretical basis for punishment – and I would think this is certainly true for punishment of environmental violations – is deterrence.

Leaving the realm of theory and philosophy, some recent stories in the news had me thinking once again about the state of environmental enforcement and the lack of deterrence. As I see it, two things must occur for a penalty to properly deter future violations: (1) the penalty must be …

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