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Saving the Chesapeake Bay: Time to Hold the States Accountable

Today CPR releases Reauthorizing the Chesapeake Bay Program: Exchanging Promises for Results (press release, full report).

For years, the jurisdictions within the Chesapeake Bay watershed (the states and Washington D.C.) have essentially not faced consequences for failing to meet pollution-reduction targets. It's not surprising that the Chesapeake Bay has languished.

What the new CPR report recommends is almost an obvious next step: the states should face consequences for not meeting goals. The report calls on Congress to empower the EPA to impose penalties on jurisdictions that flunk.

The report says that Congress should reauthorize the Chesapeake Bay Program with changes to require Bay jurisdictions to set a statutory deadline of 2020 for Bay restoration, and require Bay jurisdictions to establish five sets of two-year milestones outlining the interim reduction requirements necessary to achieve that deadline. When jurisdictions fail to meet the milestones, the CPR report calls on Congress to authorize the EPA Administrator to:

  • Prohibit the issuance of new “point source” pollution permits (permits for known pollution sources);
  • Withdraw Nonpoint Source Management Program funding (Section 319 funding) and other financial assistance from jurisdictional partners and give it to the Bay Program to implement “nonpoint source” management programs.

The CPR report also proposes revamping the Total Maximum Daily Load (TMDL) program for the Bay, which is not currently enforceable. The Clean Water Act does not expressly require that identified controls of nonpoint pollution sources (such as run-off from farms laden with manure, pesticides, and fertilizer) designed to meet a TMDL be put into action. In other words, the EPA is required to spend millions of dollars developing a TMDL plan without the legal authority to ensure that such a plan is actually implemented with respect to the largest sources of pollution in the Bay, nonpoint sources. CPR's report therefore recommends that Congress require that the Bay-wide TMDL be translated into stricter permit limits and mandatory nonpoint source controls within five years of EPA's approval of the permits and controls.

Cleaning up the Chesapeake Bay is going to require government action with teeth.

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Ben Somberg | June 18, 2009

Saving the Chesapeake Bay: Time to Hold the States Accountable

Today CPR releases Reauthorizing the Chesapeake Bay Program: Exchanging Promises for Results (press release, full report). For years, the jurisdictions within the Chesapeake Bay watershed (the states and Washington D.C.) have essentially not faced consequences for failing to meet pollution-reduction targets. It’s not surprising that the Chesapeake Bay has languished. What the new CPR report […]

Alice Kaswan | June 17, 2009

The Waxman-Markey Bill’s Federal-State Partnership

The Waxman-Markey bill, in its current form, continues the nation’s wise respect for the complementary roles of the federal government and the states. By establishing a national cap and a national trading program, the bill would draw all states into the essential task of reducing greenhouse gas (GHG) emissions. But, like the federal environmental laws […]

Daniel Farber | June 16, 2009

What Does the CBO Report on Waxman-Markey Actually Tell Us? (Not Much).

The Congressional Budget Office recently issued its report on the Waxman-Markey bill. The Washington Times soon trumpeted: “CBO puts hefty price tag on emissions plan: Obama’s cap-and-trade system seen costing $846 billion.” This is quite misleading. Actually, the CBO report tells us virtually nothing about the economic costs of the bill or how much consumers […]

Yee Huang | June 15, 2009

A Frackin’ Mess!

It’s a frackin’ mess out there in the world of natural gas extraction – exploding houses and water wells, dying cattle, and curious rashes.  The Subcommittee on Energy and Mineral Resources of the House Natural Resources Committee recently held a hearing to explore the risks of hydraulic fracturing, or fracing (sometimes spelled, “fracking”), which is […]

Rena Steinzor | June 12, 2009

Big Trouble on Climate Change: President Obama and the Loss of Momentum

This past Sunday’s New York Times Magazine had a terrific piece by Matt Bai on the Obama White House and how it is “taking” Capitol Hill, one battle at a time. After extolling the team of congressional insiders Obama has assembled, and emphasizing the importance of their attentiveness to key players on the issue du […]

Holly Doremus | June 12, 2009

Congress Looks at Pharmaceuticals in the Water. Here’s What They Should Do.

This week, a subcommittee of the House Committee on Natural Resources held a hearing on the problem of waste pharmaceuticals ending up in the nation’s waterways. The issue sounds trivial – does Congress really need to spend its time worrying about people with a few left-over prescription pills flushing them down the toilet? The answer […]

Holly Doremus | June 11, 2009

Executive Branch Agreement on Mountaintop Removal: A Positive Step, but Only a Step

Over the past few months, the Obama Administration has sent mixed signals on mountaintop mining, the practice of blowing the tops off mountains containing coal and piling the left-over rubble in valleys and streambeds. Early on, things seemed to be going well for the environment. First, EPA objected to the issuance of two specific permits […]

Matt Shudtz | June 11, 2009

IRIS Update: New CPR Report and a House Science Committee Hearing

This afternoon, Congressman Brad Miller (D-NC), Chairman of the House Science Committee’s Subcommittee on Investigations and Oversight, will hold a hearing on recent revisions to the IRIS assessment process. IRIS (the Integrated Risk Information System) is EPA’s premier database of toxicological profiles for dangerous chemicals. The profiles are used for everything from setting cleanup standards […]

Matt Shudtz | June 10, 2009

IRIS Update: New CPR Report and a House Science Committee Hearing

This afternoon, Congressman Brad Miller (D-NC), Chairman of the House Science Committee’s Subcommittee on Investigations and Oversight, will hold a hearing on recent revisions to the IRIS assessment process. IRIS (the Integrated Risk Information System) is EPA’s premier database of toxicological profiles for dangerous chemicals. The profiles are used for everything from setting cleanup standards […]