To Protect, Enforce, and Bring About Change
CBF's Litigation Department uses carefully chosen legal action as another tool for advancing the restoration and protection of the Chesapeake Bay, its rivers, lakes, and streams. Litigation is used to not only protect and enforce the current environmental laws but also to bring about environmentally friendly change within our legal system. CBF attorneys argue cases in the federal and state courts within the watershed and file amicus curiae—also called Friend of the Court briefs—in related environmental lawsuits.
Carefully executed litigation serves three primary purposes:
- It spurs enforcement efforts against those who violate laws that were created to protect the watershed.
- It helps define and drive the agenda for public debate over restoration and protection of the Bay.
- It delivers concrete and enforceable progress in resource restoration.
PRECENDENT SETTING CASES
CBF, Partners, Sue EPA to Stop Smog from Harming Marylanders and the Chesapeake Bay
In November of 2016, the Maryland Department of the Environment (MDE) petitioned EPA to require those 19 power plants to turn on their pollution controls in a manner consistent with Maryland law. MDE has estimated that in 2015 about 39,000 tons of NOx reductions could have been achieved in the hot months if the 19 out-of-state plants had simply run their control technologies effectively. The Clean Air Act sets a deadline for EPA to grant or deny this kind of petition. EPA is obligated by law to hold a public hearing and to timely respond to Maryland's petition. EPA has failed in both respects and has shown no signs of acting. On September 27, 2017, MDE filed suit against the EPA for this failure to respond to the petition.On October 4, 2017, CBF and six regional and national groups joined MDE and filed suit against EPA.
EPA's Pollution Limits for the Chesapeake Bay Upheld by U.S. Supreme Court
The American Farm Bureau Federation, The Fertilizer Institute, the National Pork Producers Council, the National Chicken Council, the National Association of Home Builders, and other lobbying groups are trying to eliminate the pollution limits. For the past five years, EPA's authority to issue a Clean Water Act provision known legally as a Total Maximum Daily Load or TMDL has been challenged by these industry groups in Federal Court. The future and success of the Chesapeake Clean Water Blueprint moved from a United States District Court to the Circuit Court of Appeals, and finally to the Supreme Court. On February 29, 2016, the court challenges came to an end with the U.S. Supreme Court's decision not to hear the AFBF's appeal.
CBF is also working in court to support EPA regulations to reduce toxic mercury pollution from coal-fired power plants, which contaminates fish and thus puts human health at risk. The federal hazardous air pollutant standards would make a cleaner and healthier Bay, but they have been challenged in Federal Court by power companies and others. The challengers took their appeal all the way to the United States Supreme Court and in June 2015, the Court ruled against the EPA and remanded the case back to the United States Court of Appeals for review of the economic impact of the regulations. CBF continues to stay involved in the litigation to limit mercury pollution.