Virginia, Maryland, D.C. intend to sue EPA on bay pollution

Posted at 1:08 PM, May 18, 2020
and last updated 2020-05-18 13:08:56-04

RICHMOND, Va. - Officials in Virginia, Maryland and the District of Columbia are filing a notice of intent to sue the Environmental Protection Agency for failing to require two other states to implement plans to cut pollution in the Chesapeake Bay.

Maryland Attorney General Brian Frosh and Virginia Attorney General Mark Herring filed the notice of intent Monday with District of Columbia Attorney General Karl Racine.

They say the EPA has failed to require Pennsylvania and New York to develop and implement plans to achieve 2025 Chesapeake Bay restoration goals as required by an agreement by states in the bay's watershed.

Protecting and restoring the Chesapeake Bay requires a comprehensive effort by each of the watershed states as well as the EPA,” said Attorney General Herring. “As the administrator of the Chesapeake Bay Agreement, the EPA must treat each of the partners equally and make sure every state is pulling its weight and upholding its portion of the agreement, but instead, the Trump EPA simply rubberstamped plans that are plainly inadequate. I hope we are able to come to an understanding that is beneficial for all parties, while keeping the health of the Bay at the forefront.”

In their Notice of Intent, Virginia, Maryland and the District of Columbia explain that the EPA “has failed to ensure that New York and Pennsylvania develop Phase III [Watershed Implementation Plans] that achieve and maintain these goals…the Administrator therefore has breached the nondiscretionary duty set forth…Consequently, the State of Maryland, the Commonwealth of Virginia, and the District of Columbia intend to sue the Administrator.”