Update on Update on Chesapeake Bay Chesapeake Bay Restoration Restoration IssuesIssues

Briefing to theWater Resources Technical

CommitteeJanuary 8, 2009

Briefing to theWater Resources Technical

CommitteeJanuary 8, 2009

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Presentation OverviewPresentation Overview

CBF’s lawsuit against EPACBF’s lawsuit against EPA Scientists’ StatementScientists’ Statement Press AttentionPress Attention Most Recent Progress ResultsMost Recent Progress Results CostsCosts

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CBF’s LawsuitCBF’s Lawsuit

Lawsuit filed in U.S. District Court by the Chesapeake Lawsuit filed in U.S. District Court by the Chesapeake Bay Foundation on Monday, January 5Bay Foundation on Monday, January 5thth..– For ‘Failure to Comply with Chesapeake 2000 For ‘Failure to Comply with Chesapeake 2000

Agreement’Agreement’– Jointly with Bay Watermen associationsJointly with Bay Watermen associations– Outlines how poor water quality has destroyed fisheries, Outlines how poor water quality has destroyed fisheries,

etc. (i.e., blue crabs, SAV, oysters, Bay fish)etc. (i.e., blue crabs, SAV, oysters, Bay fish)– Cites EPA’s failure via a detailed history of missed Cites EPA’s failure via a detailed history of missed

deadlines (21 pgs. Total)deadlines (21 pgs. Total)– Focus on ‘Reasonable Assurance’ & Penalties for Failure Focus on ‘Reasonable Assurance’ & Penalties for Failure

to Meet Deadlinesto Meet Deadlines

“…“…this lawsuit is going to put the restoration of the this lawsuit is going to put the restoration of the Chesapeake Bay directly on the desk of the new EPA Chesapeake Bay directly on the desk of the new EPA administrator…” administrator…” – Will Baker, President of CBF Will Baker, President of CBF

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December 8, 2008 December 8, 2008 Scientists’ StatementScientists’ Statement Current Bay Program is not working.Current Bay Program is not working. Mandatory enforceable measures Mandatory enforceable measures

needed.needed. Axioms for restoring the Bay:Axioms for restoring the Bay:

– Pollution reduction by everyone.– Change development patterns & no net loss

of forest and wetlands.– Mandatory agricultural pollution controls.– Stronger fisheries protection.– Fully implement existing tributary strategies.– Make the Chesapeake Bay a high priority for

funding and enforcement.

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Recent Press AttentionRecent Press Attention

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Common themesCommon themes

Bay Program is a failure.Bay Program is a failure. More regulation is needed.More regulation is needed.

– Development & growthDevelopment & growth– FarmingFarming

No mention of costs.No mention of costs. No mention of cost effectiveness.No mention of cost effectiveness.

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Goal

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Potomac TN 1985 - 2007

0

5,000,000

10,000,000

15,000,000

20,000,000

25,000,000

30,000,000

1985 2000 2001 2002 2003 2004 2005 2006 2007

Year

TN

(LB

S/Y

R)

Agriculture

Point Source

Urban

Mixed Open

Septic

Forest

Non-Tidal Water Deposition

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Costs – the big pictureCosts – the big picture

Unfunded gap in Unfunded gap in 2003 estimated to 2003 estimated to be $12.8 billionbe $12.8 billion– Just MD, VA, & PAJust MD, VA, & PA– Costs higher nowCosts higher now– Budgets worseBudgets worse

Does not include Does not include costs to maintain or costs to maintain or replace existing replace existing infrastructure, which infrastructure, which is a huge expense.is a huge expense.

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The challenge The challenge according to Jeff according to Jeff Lape…Lape…

– “…“…growth and development are the growth and development are the greatest challenge to restoring and greatest challenge to restoring and protecting the Chesapeake Bay.”protecting the Chesapeake Bay.”

Stormwater management and Stormwater management and

growth appear to be the primary growth appear to be the primary focus of CBF, the Potomac focus of CBF, the Potomac Conservancy, and other groups.Conservancy, and other groups.

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Is growth the biggest Is growth the biggest challenge to a clean challenge to a clean Bay?Bay? Increasing numbers of Increasing numbers of

chickens, turkeys, and chickens, turkeys, and beef cattle. beef cattle.

Declining agricultural Declining agricultural acresacres

More animals on smaller More animals on smaller farms.farms.

Crops the highest Crops the highest loading land use.loading land use.