The Shenandoah Under Stress EPA On Notice: Clean Up Pollution Now Our 2008 Annual Report ILLETTE

President’s Message W AHON M C M ELLY K

Suing EPA CBF President Will Baker

he is dying, and the lead the technology exists. Government must While it may seem ironic that a not-for- federal agency charged by Congress to take do its job by requiring the solutions to be profit organization must petition the T responsibility is doing nothing about it. implemented. When these strategies are court to compel government to meet its The most basic pollution-reduction strate- put in place, pollution is reduced, the responsibilities, we have no other choice. gies are being ignored, and an eight-year- dead zones get smaller, the water People are fed up with government’s old state and federal commitment to reduce becomes clearer, and critical underwater failure to reduce the pollution of this pollution (the Chesapeake 2000 agree- grasses increase. national treasure. ment) gathers dust. When government agencies consistently fail to meet their This summer, the Bay reached a tragic Pennsylvania Votes for Clean Water responsibilities, they must be held account- milestone. EPA officials threw in the towel, Last month Pennsylvania voters approved a able. So, on October 29, 2008, CBF and a admitting that they had zero chance of $400 million ballot referendum to fund number of partners filed a letter of intent to meeting a 2010 water quality deadline sewage treatment and drinking water facil- sue EPA. (See article on page 25.) mandated by the 2000 agreement. ities upgrades statewide. By a nearly two- Following the admission of failure, officials to-one margin! This will bring Scientific research lays out the causes of recently began to discuss moving the dead- Pennsylvania closer in line with the other the Bay’s degradation: too much nitrogen, line back 12 years to 2020. Such a delay Bay states, but not, as in the other states, phosphorus, and sediment pollution from may put the Bay and its tributary rivers until plant construction is complete. municipal and industrial wastewater; beyond the point of no return. CBF’s Blueprint for the Next President This fall, CBF released Restoring Clean The Obama Administration will work Water and the Chesapeake Bay: A Plan for America’s Next President (cbf.org/blueprint). aggressively with the states to bring accountability At a press conference in Alexandria, “to the Chesapeake cleanup program and to Virginia, each candidate was represented and each endorsed CBF’s plan in general. implement [CBF’s blueprint]. We owe it to We congratulate President-elect Obama, our communities and to our children. and we look forward to working with his administration. The restoration of the —J. CHARLES FOX— Chesapeake Bay can be a model for waters FOR CANDIDATE SENATOR BARACK OBAMA ” nationwide. SEPTEMBER 25, 2008 nitrous oxide and toxins from power Our goal is to have the court require the fed- plants that fall back to land and are eral government to impose strict pollution washed into the water; animal waste and reduction strategies. If so, the Chesapeake fertilizers from agriculture; and a toxic Bay can be saved. If not, we may be remem- brew flowing off developed areas when it bered as the well-meaning but ultimately William C. Baker rains. The solutions are straightforward; timid generation that lost the Bay. President, Chesapeake Bay Foundation

2 Winter 2008 G cbf.org Contents

Winter 2008 Vol. 34 ● No. 4 6 Destination Chesapeake: Shenandoah River Far from the Bay, the mountains of northwestern Virginia rise above a legendary American valley. But the land’s productivity has a price: Pollution from agriculture, sewage treatment plants, and air is taking a toll on the water.

9 2008 Annual Report With successes at both state and national levels, CBF delivered an impressive return on its members’ investments this year.

Complete in this issue, CBF’s 2008 Annual Report: A Year of Significant Victories outlines the past year’s successes in pollution reduction, litigation, education, and restoration.

25 Campaigns CBF and partners notify EPA of their intent to sue over its failure to keep an agreement to reduce pollution by 2010. 6

5 25 26 30 Departments

5 MAILBOX 26 BAY BRIEFS 30 LAST LOOK Writers share their reflections in CBF activities in the Bay states and Neighbors along ’s Stony Run journal entries from the “Open the District of Columbia. experience unexpected results from Spaces Sacred Places” project. a massive restoration project.

In Memoriam: Former CBF trustee and long time friend Ernest W. (Ernie) Jennes, 90, of Maryland died in October of this year. Ernie served on CBF’s board for 15 years (1979-1994), including as Treasurer (1985-1991). He was Chairman of the Audit Committee for many years and an important member of the Environmental Defense, Executive, and Legal committees. After retiring from CBF’s board and until his death, he continued to serve as a member of CBF’s President’s Advisory Council. Ernie retired as a partner with the law firm Covington & Burling. His legal expertise and sense of integrity played a major role in the evolution of CBF’s programs and operations. CBF wishes to acknowledge Ernie Jennes for his many years of superb contribution and extends our heartfelt condolences to his daughters, Gail, Margaret (Peg), and Kate, their partners and families.

PHOTO CREDITS THIS PAGE: UPPER RIGHT, DOUGLAS GRAHAM/WILD LIGHT PHOTOS; LEFT TO RIGHT, DAVE HARP, LOREN BARNETT APPEL/CBF STAFF, CHUCK EPES/CBF STAFF, TOM PELTON/CBF STAFF 3 TOCKPHOTO S I Save the Bay is published quarterly and provided free of charge to CBF members by the Chesapeake Bay ive the gift of a brighter Foundation, 6 Herndon Avenue, Annapolis, MD 21403. Winter 2008 Volume 34 • Number 4 future for the Bay and Carol Denny, Editor Loren Barnett Appel, Director of Creative Services G Jennifer Cassou, Art Director its rivers and streams. Terry Coker Peterson, Graphic Designer © Chesapeake Bay Foundation 2008 This holiday season, give the gift of a Chesapeake Bay Foundation E-mail: [email protected] membership to someone who loves the Bay as much as you do. 888/SAVEBAY • cbf.org Editor’s Note Two steps forward, one step back? Although big victories in Washington in 2008 advanced our Save the Bay efforts (read more in our enclosed Annual Report), there’s a dis- maying corollary. The landmark Chesapeake 2000 Agreement, once heralded as the region’s road map to restoration, has failed. Areas like the Shenandoah Valley, featured in this issue, need bold, sustained action to rescue thousands of miles of polluted rivers and streams. The good news is that more and more residents of the Bay region are fighting for this national treasure, determined to turn the tide. In the coming year, let’s take inspiration from our recent momentum to move forward together—with no steps back.

Carol Denny Environmental Awareness Statement The Chesapeake Bay Foundation saved the following resources in the production of this publication: 11 tons Trees 233,086 gallons Wastewater Give a Gift of 506 million BTUs Total Energy 29,329 pounds Solid Waste Membership Today. 75,763 pounds Greenhouse Gases

Environmental impact estimates were made using Call 888/SAVEBAY or visit cbf.org/gift. the Environmental Defense Paper Calculator. www.papercalculator.org

The inks used for this publication are based on linseed oil, a renewable vegetable oil derived from flax and known for low toxicity.

CHESAPEAKE BAY FOUNDATION 2008 TRUSTEES Wayne A. Mills HONORARY TRUSTEES Myrtha L. Allen Charles W. Moorman, IV Louisa C. Duemling 2008 OFFICERS EX OFFICIO TRUSTEES Donald F. Boesch, Ph.D. W. Tayloe Murphy, Jr. C. A. Porter Hopkins D. Keith Campbell Governor Martin O’Malley John T. Casteen, III Marie W. Ridder Burks B. Lapham Chairman Governor Timothy M. Kaine Richard L. Franyo Alexis G. Sant T. Gaylon Layfield, III James E. Rogers Governor