Law Is First in Nation in Response to Supreme Court Decision Removing Protection of Many Waterways and Wetlands
Washington, DC – April 8 – Maryland has enacted the Clean Water Justice Protection Act, the first state law expansion of a citizen suit provision in light of the Supreme Court’s recent narrowing of federal Clean Water Act protections, Potomac Riverkeeper Network President Nancy Stoner announced today.
Under the new law, communities harmed by water pollution will be authorized to bring enforcement action under state clean water laws to protect waters that are no longer protected under federal law. Access to courts under the federal Clean Water Act was severely diminished by last year’s US Supreme Court’s decision in Sackett v. EPA, which curtailed protections for many waterways and wetlands.
Said Stoner, “Marylanders should be proud that their support for this important bill puts the state in the forefront of recognizing the role communities and individuals play in protecting and defending our precious rivers. We thank Del. Love and Sen. Augustine for their leadership in introducing this measure.”
“Maryland has robust protections for waterways and wetlands,” said bill sponsor Delegate Sara Love (D – District 16, Montgomery County). “However, the Supreme Court’s Sackett v EPA decision stripped federal protection along with community enforcement rights for a majority of Maryland’s streams and wetlands. The Clean Water Justice Act reinstates Marylanders’ capacity to protect our waterways from illegal pollution, now under Maryland state law rather than federal law.”
When asked about his motivation for his co-sponsorship of the law, Senator Malcolm Augustine (D-District 47, Prince George’s County) said, “The Clean Water Justice Act is focused on the restoration of the public’s enforcement right for the intermittent and ephemeral streams and wetlands that lost federal protection. Now all Marylanders harmed by pollution can take action to stop polluters from fouling these streams, not just the state. In Maryland, we shouldn’t have two classes of waterways and wetlands because of a U.S. Supreme Court decision. Now, it’s clear that all communities, streams and wetlands are treated equally.”
Over 60% of streams in Maryland lost protection under the Clean Water Act. Wetlands and streams are the lungs and kidneys of our landscape – filtering out pollution, keeping drinking water clean, protecting communities from floods and storm surges, and providing billions of dollars in benefits. These aquatic ecosystems are also among the very most valuable biodiverse habitats. Given the urgent climate and biodiversity crises, states should be doing everything they can to protect these waterways and our communities that are most vulnerable to pollution and climate disasters.
“Maryland has been unable to keep up with the water quality violations due to staff shortages and a constantly withering budget, so the citizen suit provision in the federal Clean Water Act, allowing parties harmed by the pollution to enforce the law, has been a critical backstop to protect our waterways and communities from pollution. The Clean Water Justice Act ensures that Marylanders, including those from indigenous communities, communities of color, rural and low-income communities, can protect their waterways when the government fails to do so,” said Betsy Nicholas, PRKN Vice President of Programs.
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Potomac Riverkeeper Network is a registered 501(c)3 non-profit organization with three regional Waterkeeper branches: Potomac Riverkeeper, Upper Potomac Riverkeeper, and Shenandoah Riverkeeper. Our mission is to protect the public’s right to clean water in the Potomac and Shenandoah Rivers and their tributaries. We stop pollution to enhance the safety of our drinking water, protect healthy river habitats, and enhance public use and enjoyment.
