The Biggest Fight for Clean Water Protecting the Bay’s Best Nursery Terrapin Territory AVIS President’s Message D IKKI N

The Biggest Fight for Clean Water this Nation has Ever Seen CBF President Will Baker

hat’s what it is going to take. It is time to focused on the areas that will pay the Bay to Administrator Jackson. (See page take off the gloves and fight for what greatest dividends first. Ninety percent of five for sample excerpts and contact T we have always believed is our right— the Chesapeake Bay waters and tidal trib- information.) clean water. utaries are officially designated as impaired under the Clean Water Act. Our And we hope that every member of CBF I guess one could say that’s the trouble with reading of the Act requires EPA, the lead will call or write his or her U.S. Senators democracy—it allows for all parties to have federal agency, to prohibit any additional and Congressmen urging them to peti- a voice. Unfortunately, those who do not levels of pollution to these impaired tion President Obama and Administrator want government to enforce the law have waters until the impairments are reversed. Jackson. had a louder voice than we have. It is time to turn the tables. Our legal challenge is just part of the With security so high in Washington, we find Biggest Fight. We have also called on the that letters to the home offices of your There is reason to be optimistic. The public to write EPA Administrator Lisa Congressional representatives are more likely Obama administration has made a refresh- Jackson personal letters urging her to take to get through. For addresses and telephone ing commitment to environmental protec- action. As we go to press, we have received numbers, visit cbf.org/lookup. tion, and Lisa Jackson, the new EPA Administrator, has repeatedly stated her commitment to the Chesapeake Bay. She What we are after is a precise, pollution- has also said her policies will follow science reduction budget based on the science, and the law. In addition, Virginia Governor “ Tim Kaine is the new Chairman of the targeted and focused on the areas that will pay Chesapeake Bay Executive Council. the greatest dividends first. Already, he has used his strong relationship with the president to argue for a significant- ly increased federal presence on the Bay. copies of more than 500 such letters and History may record that” a well meaning but feel safe in estimating that at least that many ultimately timid society lost the The new administration has got to be feel- more have been sent without copies to us. Chesapeake Bay in the early decades of the ing the pressure to make saving The writers are an impressive lot—younger twenty-first century. Alternatively, history Chesapeake Bay its signature environmen- to older, blue collared to professional. may record that the Chesapeake Bay was tal initiative. Our litigation filed against saved in the early twenty-first century. the former administration’s EPA must be We are also urging our congressional repre- defended by the current EPA. We hope sentatives to join the Biggest Fight. Does any- The choice is ours. Let’s go out together and that a truly precedent-setting and legally one doubt that the new administration would write history. Let’s all join the biggest fight binding settlement—which will establish a be dramatically influenced if every member for clean water this nation has ever seen. firm timetable and specific pollution- of Congress from the Chesapeake Bay water- reduction targets with consequences for shed states directly contacted Ms. Jackson failing to meet incremental and final dead- and urged specific action for the Bay? lines—can be reached. What we are after is a precise, pollution-reduction budget We hope that every CBF member will William C. Baker based on the best science, targeted and write a personal appeal for help for the President, Chesapeake Bay Foundation

2 Spring 2009 ● cbf.org Contents

Spring 2009 Vol. 35 ● No. 1 6 Destination Chesapeake: Mattawoman Creek In southern Maryland, residents fear that a proposed highway could ruin one of the most productive tributaries of the Bay. The public outcry raises the question: How do we want our communities to grow? 10 A Fighting Terrapin The diamondback terrapin has endured many threats. As shore- line nesting grounds shrink, the tenacious turtle perseveres. 14 CBF to EPA: Time’s Up “The Biggest Fight for Clean Water this Nation has Ever Seen” fires an opening salvo: a federal suit against EPA to force legal compliance and pollution reduction. 23 Service on the Anacostia A National Service Day tree-planting unites Congressional lead- ers, No Child Left Inside advocates, students, and neighbors. 24 A Photographic Memory Baltimore teenagers give up cell phones and showers to expe- rience an unforgettable CBF-National Geographic photo camp. 6

10 14 23 24 Departments

5 MAILBOX 18 BAY BRIEFS 28 DRIFTWOOD Members respond to a CBF call for CBF activities in the Bay states and the Bay bits and pieces. action with more than 500 letters to District of Columbia. newly appointed EPA Administrator 30 LAST LOOK Lisa Jackson, calling on her to make 22 PROFILE In a sinking economy, investment in Bay restoration a national priority. For one Episcopal bishop, environmental green infrastructure could be a solution justice, clean air, and clean water are that benefits us all. 13 REFLECTIONS matters of faith. Embattled farmers are proving their commitment to protecting natural 26 OUR GIVING COMMUNITY resources by investing in conservation. PHOTO CREDITS THIS PAGE: UPPER RIGHT, DAVID BICK; LEFT TO RIGHT, CBF’s circle of friends and supporters. ISTOCK, GETTY IMAGES, JONI MILLER/CBF STAFF, ANNA BAKKAR

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. Spring 2009 Volume 35 • Number 1 future for the Bay and Carol Denny, Editor Loren Barnett Appel, Director of Creative Services G Jennifer Cassou, Art Director its rivers and streams. © Chesapeake Bay Foundation 2009 E-mail: [email protected] In tough economic times, don’t let the Bay be forgotten. 888/SAVEBAY • cbf.org Please support the Chesapeake Bay Foundation Editor’s Note with a special donation today. As a new captain takes the helm in Washington, all eyes are on the Capitol. A stimulus plan that includes billions for pol- lution-reduction projects is an early and encouraging sign that the Obama administration is committed to building a greener America. Even before the president took office, CBF seized the moment. Our ambitious campaign, the Biggest Fight for Clean Water this Nation has Ever Seen, was launched in November to unite our 216,000 members and enlist many more in an all-out effort to save the Bay and its rivers and streams. Read more on page 14, and learn how you can help to steer the ship of state towards that goal.

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 506 million BTUs Total Energy 29,329 pounds Solid Waste 75,763 pounds Greenhouse Gases

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

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 2009 OFFICERS EX OFFICIO TRUSTEES 2009 TRUSTEES HONORARY TRUSTEES D. Keith Campbell Governor Martin O’Malley Donald F. Boesch, Ph.D. Wayne A. Mills Louisa C. Duemling Chairman Governor Edward G. Rendell John T. Casteen, III Charles W. Moorman, IV C. A. Porter Hopkins James E. Rogers Governor Timothy M. Kaine Richard L. Franyo W. Tayloe Murphy, Jr. Burks B. Lapham Vice Chairman Mayor Adrian M. Fenty G. Waddy Garrett Marie W. Ridder H.F. Lenfest Susan S. Phillips Joanne S. Berkley Alan R. Griffith Alexis G. Sant T. Gaylon Layfield, III Secretary Bay Care Chapter Carolyn Groobey Truman T. Semans M. Lee Marston Alan L. Wurtzel Hal C. B. Clagett Michael J. Hanley Simon Sidamon-Eristoff Charles McC. Mathias Treasurer Clagett Trustee Virginia R. Holton Jennifer Stanley H. Turney McKnight William C. Baker Robert A. Kinsley Thomas H. Stoner Godfrey A. Rockefeller President Matthew J. Klein Michael Watson Russell C. Scott Harry T. Lester Anthony A. Williams Edmund A. Stanley, Jr. Byron F. Marchant Aileen Bowdoin Train

4 Spring 2009 ● cbf.org “Dear Ms. Jackson…”

ISTOCK CBF President Will Baker issued an urgent call to members at the start of the year. He encouraged friends and support- ers to send personal letters to new EPA Administrator Lisa MAGES I

ETTY Jackson, asking her to make restoration of the Bay and its G President Obama appointed Lisa Jackson tributaries her top priority. Within days, hundreds had as EPA Administrator in January. responded with heartfelt messages. Here are some excerpts.

As a marine biologist trained at the Virginia Institute of Marine tell my son when he wants to take a swim in the Rappahannock Science, I became well-versed in the tragic tale of the Chesapeake’s River? Is it safe? Will it be clean by the time he is an adult? degradation…I remain optimistic, however, because I know all the —HANK HELMEN Bay’s problems have solutions, pending the political will to imple- ment them. Because of Chesapeake Bay’s historical importance, its As a regular boater on the Chesapeake and a volunteer member of proximity to the cultural, population, and political centers of the the United States Coast Guard Auxiliary, I ask, urge, and plead that U.S., and its serious-but-solvable ecological problems, it should be a you exercise all the authority you have, and all that you can persuade cornerstone of the EPA’s activities under your administration. President Obama to use, to finally and effectively set in place strict —JAMES DOUGLASS, PH.D. pollution controls, with penalties enforced effectively for non-com- pliance…It CAN be done. —DONALD H. GREEN Everyone takes away photos and memories of the [National Mall], a special place along the glittering Potomac River. Yet, that very river Send your message to Lisa Jackson today. Letters can be mailed to sits in the middle of the Chesapeake Bay watershed. More than nine- Lisa Jackson, Administrator, Environmental Protection Agency, Ariel ty percent of the Bay and tidal tributary rivers that feed it are official- Rios Building, 1200 Pennsylvania, NW, Washington, D.C. Please send ly designated as impaired under the Clean Water Act. The EPA…can us a copy. Sign our online petition and read more about The Biggest seize this wonderful new time in our country’s history to show true Fight for Clean Water this Nation has Ever Seen at cbf.org/epa. leadership. —SUE MANGAN

The Chesapeake is the world’s greatest estuary. We who have lived  Get in touch with Save the Bay! here our whole lives and the generations who went before us hold it Talk to us online as a sacred trust. We want to pass its richness on to our descendants. E-mail the editor at [email protected]. We want them to know crabs and oysters and grasses and fish and birds and ducks that inhabit these waters and lands. Write us a letter —SISTER COLETTE ACKERMAN, OCD, AND THE CARMELITE SISTERS Save the Bay Editor, Chesapeake Bay Foundation, 6 Herndon Avenue, Annapolis, MD 21403 These delays must stop now. What do I say to my two young chil- Give us a call dren when they want to go fishing in the Potomac River? What do I 888/SAVE-BAY or 888/728-3229

5 Destination Chesapeake

MattawomanMaryland’s CreekCreek Protecting “an Extraordinary Place” by Carol Denny

6 Spring 2009 ● cbf.org n a spring morning, the marshes of Mattawoman Creek put on a better show than Discovery Channel HD. Ospreys swoop past statuesque great egrets. Red-bellied turtles and Onorthern water snakes vanish below the surface, then reap- pear. The soundtrack is a mix of bird calls and the murmurs of fishermen, casting from bass boats.

The Mattawoman is a jewel in the Potomac River’s large, tidal-freshwater estuary. Each spring, it’s the scene of an epic migration of fish, some of which come from as far as the Gulf of Maine to spawn in its waters. Hundreds of thousands of river herring, American shad, hickory shad, white perch, yel- low perch, and rockfish reproduce in the creek and river, and their offspring are the basis for a food chain capped by the largemouth bass. State biologists have called the Mattawoman the state’s “best, most productive” nursery for migratory fish.

With the spawn come legions of anglers, attracted by prime fishing on local waterways and fat purses in area bass tour- naments. But the annual influx of fish and fishermen, a sign of spring and a boon for regional tourism, is under a cloud. The pristine waters that both rely on are threatened by a pro- posed highway—one that could wipe out acres of Chesapeake forest and wetlands and degrade an exceptional incubator for fish and wildlife. ICK B AVID D

7 The forests surrounding the Mattawoman are an Anglers along Mattawoman Creek in Charles County are a essential natural filter. Clearing them for the staple of regional tourism and economy. The Potomac trib- proposed Cross County Connector could lead to utary is a destination for many species of “anadromous” further stresses on a creek already at risk. fish, which migrate from the Atlantic to spawn in its waters.

DAVID BICK JEFF ROGGE/CBF STAFF

Charles County is seeking Mattawoman Creek at a Glance ment to assess the effects of permission to bulldoze the roadway before construc- forests and wetlands around ■ LENGTH: 20 miles of free-flowing stream; seven miles of tidal-freshwater tion begins. This spring, the the Mattawoman to build a estuary. coalition will publish a report new, 6.5-mile highway ■ WATERSHED: 95 square miles in Charles and Prince George’s County, that will identify alternatives known as the Cross County Maryland. Three-quarters of the watershed lies in Charles County. to the roadway—ones that Connector. The proposal will protect the resource has caused an outcry among ■ LAND USE: Mostly forest. while accomodating appro- residents, who say the proj- ■ CITIZEN GROUPS: The Smarter Growth Alliance for Charles County: priate growth. In a related ect would cause irreparable Mattawoman Watershed Society; Chesapeake Bay Foundation; Clean Water effort, CBF is lobbying for damage to water quality and Action; Conservancy for Charles County; 1000 Friends of Maryland; Citizens for legislation that would require aquatic habitat and open a Better Charles County; Mason Creek Conservancy; Maryland Bass Federation a better strategy for growth the door to further sprawl. Nation; Port Tobacco River Conservancy; Potomac River Association; Sierra Club statewide. The road is part of a plan to Maryland Chapter; St. Mary’s River Association; Coalition for Smarter Growth; accommodate thousands of Nanjemoy-Potomac Environmental Coalition, Inc. Terry Cummings, Manager new houses over the next 20 of Advocacy for CBF, says the years in the fields and forests current threat to the west of Waldorf, Maryland. Mattawoman is symp tomatic of ineffective planning The Chesapeake Bay throughout Mary land. “The Foundation (CBF) has highway and the develop- joined the Mattawoman ment that will follow are out- Watershed Society and oth- side the state-endorsed ers to form the Smarter growth area for the county. Growth Alliance for Charles How can we protect our nat- County, which questions the ural resources and clean up necessity for the four-lane the Bay if we allow this con- highway. Last fall, the struction in such a valuable alliance launched an e-mail natural area?” he asked. campaign calling for denial of critical permits and the As Jim Long, coordinator of The Mattawoman Creek watershed is shown in green. development of an En- The proposed Cross County Connector is shown in red. the Mattawoman Watershed vironmental Impact State- Society, sees it, the proposed

8 Spring 2009 ● cbf.org One of the rarest native plants in Maryland, Wood ducks are part of the Mattawoman’s stunning the American lotus grows in only four creeks in the state. natural diversity, which includes some of the richest The Mattawoman is the only location on the Western Shore. concentrations of amphibians and reptiles in Maryland.

IAN PLANT ISTOCKPHOTO highway isn’t only a threat to the environ- Engineers reported the Mattawoman’s this roadway support the kind of damag- ment—it’s unnecessary. Officials counter impervious surface to be 8.3 percent. Now, ing development pattern we’re trying to that the high-speed link from Waldorf to it’s approaching 10 percent—generally avoid?’ The answer is clearly yes. tiny Bryans Road (pop. 5,000) is needed agreed to be the point at which fish and for traffic safety and would provide a other aquatic life are compromised. “There are still good options out there,” major artery for future commuters. added Fisher. “There’s enough room in and Residents in the area, however, are already Before construction of the Cross County around existing town centers to accommo- served by Route 228, an existing four-lane Connector can begin, both the state and date growth for the next 20 years.” highway four miles north. the Army Corps of Engineers must issue permits to Charles County. Residents have Like many Charles County residents, Long also voiced fears that increasing voiced so many concerns that the state and Fisher sees the creek as an irreplaceable paved surfaces in the region will add to the Corps have asked for additional infor- treasure. “It’s an extraordinary place,” he the environmental pressures facing the mation from the county before they make said. His sentiments are echoed by Long, Mattawoman. He said the loss of local their decisions. In November, William P. who sees the roadway issue as a symbol of forests and wetlands—precious natural Seib, a chief of the Corps’ permits section, the need to protect the creeks, coves, and filters for the creek—has already put sent the county a letter seeking “clarifica- wetlands that comprise the Chesapeake. water quality at risk. tion” on the roadway’s purpose and need. Seib noted that the State Highway “The fish productivity here is consistently “We know that 2008 was not a good year Administration has already declared that the greatest in the entire Potomac water- for fish eggs [in the Mattawoman]. That Route 228 could accommodate traffic. He shed,” Long said. “If we cannot muster the should raise the alarm,” he stated. “Fish also requested further data on the environ- political will to protect a recognized gem biologists would say there are many rea- mental impacts of the proposed highway like Mattawoman, then how can we seri- sons, but a primary concern is the amount on the sensitive Mattawoman. ously claim to be restoring the Bay?” of increased runoff coming from paved, or impervious, surface.” “This creek is at a threshold,” said CBF Learn more about the Cross County Land Use Planner Erik Fisher, who’s Connector and its impact on the Matta- The direct link between the percentage of working with a partnership of opponents woman at cbf.org/mattawomancreek. paved surface in an area and the health of to the project. “And this is a big road, and its streams has been thoroughly docu- a lot of houses. We’re talking about an Carol Denny is Editor of Save mented. At seven percent, most waterways awful lot of development in the absolute the Bay. In her spare time, can maintain health and productivity; at wrong place. The ‘if you build it, they will she enjoys rowing and kayak- more than 20 percent, they become “non- come’ idea is really borne out by the ing on the rivers of Maryland. functioning.” In 2003, the Army Corps of research. So the question for me is, ‘Does

9 10 Spring 2009 ● cbf.org r. Willem Roosenburg was cruising down the Patuxent River in Maryland on a warm day last June when he saw some- thing disturbing. Poles jutted out of the OLLEGE

flat green water, marking a commercial C

fish trap called a pound net. Trapped inside were hun- RANT D G

dreds of rare diamondback terrapin, their heads poking EA out, their nostrils sucking air. They were alive, but

clearly under stress. , MD S

“Many of them were big adult females who should have INCHAM been nesting, but they were trapped and thus unable to W. F lay their eggs,” recalled Roosenburg, an expert on ter- ICHAEL rapin. “The nets were perfectly legal, because they were M set up for fish. But nobody was checking these nets, and so the terrapin were caught acci- dentally and held there.”

The incident was a vivid reminder for Roosenburg. The Ohio University biologist had suc- cessfully lobbied with several partners the year before, in 2007, to win approval of a Maryland law banning the trapping of terrapin, a dinner-plate-sized reptile with diamond- shaped bumps on its shell. Virginia and other states have long banned the catching of dia- mondbacks.

Terrapin populations suffered in the last decades of the twentieth century, in part because trap- pers were catching thousands of them for sale to China. The market for Chesapeake turtles soared as the supply of Asian turtles vanished. The trend was an eerie replay of the Victorian era in America, when a craze for terrapin soup nearly drove the species to extinction. Swimming for Shore

LOSS OF HABITAT HINDERS TERRAPIN SURVIVAL BY TOM PELTON

TOCKPHOTO 11 S I Diamondback Facts

MICHAEL W. F INCHAM, MD SEA GRANT COLLEGE

DESCRIPTION: Diamondback ter- rapin (Malaclemys terrapin) are tur- tles, about a half-foot long when NOAA mature, with a row of diamond- NOAA shaped bumps along the top of Like another Chesapeake icon, the blue crab, the terrapin thrives in a mix of their shells. They can also be rec- salty and fresh water. Terrapin mothers dig nests on sandy beaches to deposit ognized by the black and white their eggs. Hatchlings emerge seven to 10 weeks later. As coastal develop- spots on their necks. Terrapin have ment accelerates, available natural shorelines are becoming less common. webbed feet with claws, which they use to catch and eat mol- A mature female terrapin trapped in a net may not be able to reach the beach lusks, snails, small crabs, and to lay her eggs. Tending pound nets regularly can prevent this problem. other critters. Despite new regulations, researchers believe that terrapin populations in the Bay region are on the decline.

WHERE TO FIND THEM: Terrapin are the only turtle species in North America adapted to a brackish mix- MICHAEL W. F INCHAM, MD SEA GRANT COLLEGE ture of fresh and salt water, such as that found in the Chesapeake Bay. The new law to prohibit trapping Smith said that, beyond fishing, Another concern for the terra- The turtles require sandy beaches is an attempt to stabilize the pop- terrapin also face a major threat pin is water pollution in the Bay, for nesting, and live in an area that ulation, but the net full of terra- from the destruction of the particularly toxic wastes such as extends from Cape Cod, Mass- pins Roosenburg encountered Bay’s sandy beaches. As more of oil and PCBs, said Smith. PCBs achusetts, to Corpus Christi, Texas. illustrated a sad truth: Banning the Chesapeake shoreline is ingested by terrapin remain in the intentional catching of terra- bulkheaded or reinforced with their bodies for a long time. pin won’t save the species unless boulders, fewer spots remain HISTORY: Diamondback terrapin became famous in the late 19th century as a delicacy dished up in Waterfront development has “hardened” beaches, fancy restaurants, and were nearly making it difficult for the terrapin to follow their wiped out by a national turtle soup “ fad. Since 1932, the “Terp” has instinctual urge to lay eggs on the shore. been the mascot of the University ” of Maryland. more also is done to prevent for the diamondbacks to form Dr. Paula Henry, a zoologist their unintentional capture. nests and lay their eggs. with the U.S. Geological Survey, POPULATIONS: Researchers sus- Roosenburg said this accidental Waterfront development has said it’s important to protect the pect terrapin populations in the “bycatch” in fishing nets and “hardened” beaches, making it turtles because they are a good Chesapeake Bay have been falling crab traps can be minimized by difficult for the terrapin to fol- indicator of the Bay’s health. since the 1990s, after a rebound in the mid-20th century. One of the asking, or requiring, watermen low their instinctual urge to lay “The terrapin lives on shore, on few studies in this region was per- to check pound nets set in rivers eggs on the shore. beaches, and in the water, and formed by Dr. Willem Roosenburg, where terrapin live every three or it has been around socially and who found a 75 percent decline in four days, and by installing tur- Builders can help by creating liv- historically as a major the population in the Patuxent tle-blocking devices on recre- ing shorelines, planting marsh component of the Bay’s River between 1996 and 2005. ational crab traps. grasses, and leaving sandy areas culture,” she notes. “It is for terrapins to nest. Or, better the only estuarine turtle in Scott Smith, an ecologist with yet, Smith said, simply leave the North America,” uniquely the Maryland Department of Bay’s natural shorelines alone. adapted to the mix of salty and Natural Resources, said a task “Nature has done a heck of a fresh water in the Chesapeake. force is looking into Roosen- great job of building what the “We should care about them burg’s concerns to see if addi- terrapin needs,” he said. because they represent every- tional regulations are needed to thing that is great about the protect the terrapin. Chesapeake Bay.”

12 Spring 2009 ● cbf.org WILLEM M. ROOSENBURG Reflections

A Commitment to Cleaner Water By Martha Moore

ISTOCK Despite see-sawing agricultural profits, farmers have shown their willingness to implement conservation practices.

ike many of us, Virginia farmers are strug- ticipation this way: “Farmers are stewards ing the pollution plaguing our rivers, Lgling under current economic conditions. of the land, and most would go out of their streams, and the Chesapeake Bay. Agriculture profits are slim and at times way to improve the quality of their land. turbulent, with few highs and lots of lows. Many farmers would like to include more The partnership is also looking at ways to This could account for a recent report conservation practices on their farms, but maintain a healthy agriculture economy, which shows Virginia lost 521,000 acres of not all of them have the economic which is vital for all of us. Agriculture farmland between 2002 and 2007—the resources to do so.” and forestry are Virginia’s number one largest decline in the past 20 years. industry, and constitute the foundation of Margaret Ann Smith, who uses cover crops many of Virginia’s rural communities. Despite these difficulties, farmers continue to to prevent erosion in the winter and fences Together, they contribute an estimated be committed to doing their part to care for cattle away from streams on her family’s $79 billion annually to the state’s econo- our natural resources—particularly our Rockbridge County, Virginia, beef opera- my. And every job created in agriculture water. Our commitment is evident through tion, emphasizes that the cost share pro- and forestry results in another 1.5 jobs in our participation in Virginia’s Agricultural gram “is not a handout. We invest our cap- other sectors. BMP (Best Management Practices) Cost Share ital and give up acres for some of these Best Program, which helps farmers to put impor- Management Practices. But in return, we’re Increasing the use of Agricultural Best tant conservation practices into operation. helping the Bay and becoming better man- Management Practices simply makes good agers of our property.” sense. It can improve our water quality and “Cost share” means that farmers across the help our local economies. It’s up to all of us Commonwealth are putting up our own For the last two years, the Virginia Farm to do our part, and farmers are. funds to cover 50 percent of the expense of Bureau, the Chesapeake Bay Foundation, implementing many kinds of pollution- and eight other agriculture and conserva- Martha Moore is Director reduction projects. These projects will tion groups have been working together UREAU B improve water quality for all citizens, and as the Agriculture and Conservation of Governmental Relations ARM

for the Virginia Farm Bureau F be in place for years to come. Partnership for Water Quality. The partner- Federation and a member ship has been successful in convincing leg- of several state agricultural IRGINIA Robert Curd, a beef cattle farmer in islators and the public that by working task forces. V Amherst County, Virginia, explains his par- together, we can make real gains in reduc-

13 Campaigns

In Washington, D.C., CBF President William C. Baker and partners announced a federal suit against EPA to force action on Bay restoration. Joining Baker, from left, are CBF Litigation Director Jon Mueller, former Maryland State Senator Bernie Fowler, and Virginia State Waterman’s Association President Ken Smith. Federal lawsuit kicks off NIKKI DAVIS ‘Biggest Fight for Clean Water this Nation has Ever Seen’

fter 25 years of broken promises and all sources—air, wastewater treatment In addition, over the past several years, three unfulfilled commitments on Bay plants, and urban, suburban, and agricultur- EPA Inspector General’s reports and one A restoration, the Chesapeake Bay al runoff. As required, they notified EPA of Government Accountability Office report Foundation (CBF) and several partners filed their intent to sue 60 days before the filing. have detailed EPA’s leadership failures. suit in U.S. District Court against the En- vironmental Protection Agency (EPA). The move reflects mounting public frustra- Joining CBF in the lawsuit are former elect- With the action, they launched what CBF tion at the slow pace of Bay recovery efforts ed officials and watermen’s groups who President William C. Baker termed “the and the lack of progress despite repeated have witnessed the deterioration of the Bay biggest fight for clean water this nation has government commitments. To date, EPA and its rivers and streams firsthand: former ever seen.” and the Bay states have signed three agree- Maryland Governor Harry Hughes, retired ments to restore the Chesapeake Bay, all of Maryland Senator Bernie Fowler, former The lawsuit, announced by CBF and seven which have failed to meet key commit- Virginia Legislator and Natural Resources co-plaintiffs on January 5, seeks to force ments. The most recent, the Chesapeake Secretary Tayloe Murphy, former Wash- EPA to enforce the Clean Water Act and 2000 agreement, pledged to reduce pollu- ington D.C. Mayor Anthony Williams, the reduce pollution sufficiently to remove the tion sufficiently to have the Bay removed Virginia State Waterman’s Association, the Chesapeake Bay from the federal “impaired from the federal “impaired waters” list by Maryland Watermen’s Association, and the waters” list. 2010. EPA and the states have acknowl- Maryland Saltwater Sportsfisherman’s edged that the goal will not be met and Association. CBF and its co-plaintiffs have asked the could be pushed back to 2020 or beyond. court to order EPA to reduce pollution from

14 Spring 2009 ● cbf.org Campaigns

Administrator. The Chesa peake Bay is a FIRST STEPS: national treasure. We believe that through this lawsuit, it can also become a model for What can the pollution reduction and the restoration of federal government do water quality across the nation.” His message reached Lisa P. Jackson, who RIGHT NOW? was sworn in as EPA Administrator on January 26. Jackson went on record at her The lawsuit filed by CBF and its confirmation hearing to state support for a partners against EPA demands that renewed national commitment for the Bay. the agency end years of foot-drag- She said she wants to “turn the tide… of ging and take immediate, effective (runoff) pollution that is affecting the Bay” measures to reduce pollution in the and “make sure that the waters of this coun- Chesapeake. To jumpstart the EPA try are adequately protected.” Jackson response, plaintiffs compiled a list agreed that the federal government’s part- of 33 actions that the federal gov- nership with Chesapeake Bay-area states “is ernment can begin this year to important not only because of the extraordi- achieve a cleaner Bay. Major steps nary treasure that is the Chesapeake Bay… include: but because it is such an important demon- stration to...the rest of the country.” She reit- > Requiring that EPA achieve nec- erated that statement in her first official essary nitrogen, phosphorus, and communication to EPA staff. sediment pollution goals by 2015. At the confirmation hearing, Senator Benjamin Cardin (D-MD) called on Jackson > Requiring that EPA take an active to provide a stronger federal focus and ade- role in wastewater treatment quate funding to clean up the Chesapeake plant permits, to ensure pollution Bay. “We don’t want to see press releases. We reduction goals are met. want to see results in the cleaning up of the > Improving enforcement of existing Bay,” Cardin said, echoing the sentiments of laws. thousands of CBF members.

> Requiring tough construction stormwater permits and limits for municipal stormwa- As Jackson’s appointment as administrator ter discharges into impaired waters. was pending, Baker called on CBF members and supporters to contact her and urge her > Ensuring that the highway bill reauthorization (coming up for consideration by to make restoration of the Chesapeake and Congress this year) requires all roads built with federal dollars to limit stormwater its tributaries a top priority. In addition to pollution to streams, rivers, and the Bay. asking activists to sign an online petition to Jackson at cbf.org, Baker asked for personal > Rewriting the Chesapeake Bay section of the Clean Water Act to ensure that all pol- letters to be sent to the administrator. luters stay below numeric pollution limits. Within hours of his request, the first of hun- dreds of messages advocating a renewed Bay effort were on their way to Jackson’s office The Goal: Restored Water Quality 60-day notice period. Despite EPA’s asser- (see page five). Rallying supporters around At a CBF press conference in January tions to the contrary, CBF believes that the theme of the “biggest fight,” Baker announcing the suit, Baker explained the after 25 years of failed policies, the only exhorted petition signers and letter writers desired outcome. “We have asked that EPA way to ensure that EPA does its job is to to continue the campaign. accept its responsibility under the Clean have a court order requiring it.” Water Act. EPA must impose a legally Ahead: New Federal Investment binding pollution-reduction budget, or Baker added, “With a new administration, CBF sees additional possibilities for federal cap, that will restore water quality. While there is hope for change. This lawsuit will involvement in Bay clean-up efforts in the discussions have occurred, we have not put Chesapeake Bay restoration efforts massive economic stimulus bill passed in been able to resolve our claims during the directly in front of the new EPA February. While the principal objective of

15 Campaigns the stimulus package is to create or maintain jobs, the measure will also be used to further the policy goals of 1972-2009: President Obama and the 111th Congress, including protecting and restoring the environment. As such, it holds promise for making progress towards restoring HOW EPA HAS FAILED THE BAY water quality in the Chesapeake Bay and its tributaries.

CBF’s federal affairs staff began working with Congressional staff and Obama transition officials in December to try to make the developing legislation as productive as possible for Bay pollution reduction and restoration. Three of the biggest remaining sources of pollutants to the Bay—wastewater treatment plants, urban and suburban stormwater, and agriculture— could be reduced through the bill’s large new invest- ment of federal funds in the Clean Water State Revolving Fund. Hundreds of millions of new dollars are now being transferred to the states to pass on to communities, and in some cases agricultural opera- tions, to help pay for wastewater upgrades and other pollution reduction projects. Each state has its own process for soliciting, evaluating, and funding propos- als with a combination of low-cost loans, no-cost loans, 1972 1983 and grants. The Clean Water Act sets a goal of EPA signs the first Chesapeak making the nation’s waterways, Bay agreement with Maryland A separate infusion of funds was made to the USDA’s including the Chesapeake Bay, “fish- Virginia, Pennsylvania, and th Rural Development program, to provide loans for able and swimmable” by 1983. District of Columbia. drinking and wastewater projects in rural areas and towns of fewer than 10,000 people. Several other pro- grams that could ultimately help pollution reduction and habitat restoration in the Bay and its tributaries 1979 1987 also received funds. Appropriations will be made according to procedures established by administering The deadline for states to create Signatories strengthen t agencies, including the Army Corps of Engineers, regulated pollution caps for water- agreement with a comm NOAA, the Department of Transportation, the ways that appear on a federal list reduce nitrogen pollutio Department of Energy, and EPA. of “impaired waters” is unmet. percent by 2000. The go met. In addition, the reauthorization of the federal highway bill, expected this year, could present further opportu- nities for pollution reduction in the Bay and its rivers and streams. In the coming months, CBF will also focus the biggest fight for clean water on ensuring that federally funded highway projects contain built-in sed- iment and stormwater controls. “But we need to make some NOISE. We need to raise our voices. Or we won't be heard,” said Baker.

Learn more about CBF’s Biggest Fight for Clean Water this Nation has Ever Seen and sign the online petition to EPA Administrator Lisa Jackson at cbf.org/fight. Letters can be mailed to Lisa Jackson, Administrator, Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, D.C. 20460.

16 Spring 2009 ● cbf.org Campaigns

2000 2007 2008 ke EPA and the Bay states sign the A report from the EPA Office of the Hundreds rally at a Washington, D.C., d, Chesapeake 2000 agreement. It re-affirms Inspector General says that not only will the meeting of the Chesapeake Bay he the 40 percent reduction goal of 1987 and EPA’s Bay restoration efforts miss goals set Program Executive Committee on promises that the Bay will be restored and for 2010, but that pollution trends from November 20, demanding action on off EPA’s “impaired waters” list by 2010. new construction are increasing. Bay restoration. 2006 2008 2009 the 1983 A report from the EPA Office of the On October 29, CBF and partners On January 6, 2009, CBF and itment to Inspector General concludes that file Notice of Intent to sue EPA for partners file suit against EPA. n by 40 “at the current rate of progress, the its failure to enforce the Clean oal is not (Bay) watershed will remain Water Act. impaired for decades.”

17 Bay Briefs PENNSYLVANIA

Adams County Advocates Expand Businesses and farmers Together to Protect Our Land, Water, and Benefits of REAP Tax Credits work together to maximize Communities,” a conference for citizens and professionals, from May 7 to 9. Adams County, Pennsylvania, famous for its REAP credits in their Civil War history and its many fruit communities. The event at the Penn Stater Conference orchards, is quietly establishing itself as a Center & Hotel in State College will exam- leader for cleaner streams and a healthier ine critical issues relating to land preserva- economy. The south-central Pennsylvania tion, water restoration, habitat protection, county has earned special distinction for its Gettysburg Adams Chamber of Commerce and related topics. Programs will combine proactive promotion of REAP, the Resource joined with the Adams County Economic HAL KORBER Enhancement and Protection Act, which Development Corporation to host informa- became law in 2007. tional meetings for farmers, accountants, and business leaders. (Accountants and business- The Chesapeake Bay Foundation (CBF) es were invited because farmers who cannot helped secure passage of REAP to provide use their REAP tax credits—common tax credits to Pennsylvania farmers who because of farmers’ relatively low state tax complete projects, some quite costly, that burden—can sell them to other taxpayers.) reduce agricultural runoff and improve water quality in local streams and the Bay. The result of their efforts was more than one Conservation equipment that also achieves million dollars in tax credits for Adams Protecting the lands and waters of Pennsylvania these goals, such as no-till planters, can also County applicants last year, the second high- is the focus of a May conference sponsored by earn the tax credit. est amount for any county in the state. CBF and the Pennsylvania Land Trust Association.

“Our local businesses already recognize the the best of the annual Pennsylvania Land ISTRICT

D value of agriculture,” said Brian Sneeringer, Conservation Conference, sponsored annu- who works for the Adams County ally by PALTA, and CBF’s Confluence Conservation District and serves with the Conference, a biennial event that explores

ONSERVATION Chamber’s Ag Committee. “But I was topics affecting the quality of our rivers, . C

O impressed to hear a number of farmers say streams, and the Chesapeake Bay. C they wanted to sell their tax credits to local DAMS

A businesses and keep their dollars in the local More than 400 conservation profession- economy.” als—volunteers and board members; state, county, and municipal officials; attorneys, Ellen Dayhoff, Director of the Adams planners, landscape architects, and com- County Farmland Preservation Program, munity volunteers—are expected to attend also played a key role in the initiative. “It the gathering. The program includes more only makes sense for the farm and business than 130 hours of seminars, workshops, Motivated, well-informed farmers in Adams communities to work together,” says and roundtables. County were behind the success of the REAP tax Dayhoff. “REAP is the best way to do that credit program for cleaner water. right now.” The conference is made possible through the support and contributions of the REAP is limited to $10 million per year and For more information on Pennsylvania’s William Penn Foundation, the Pennsylvania is in high demand by the farm community. Resource Enhancement and Protection Act, visit Department of Conservation and Natural In its first year, applications exceeded avail- cbf.org/REAP. Resources, Penn State University, and able funds within 10 days of the program’s numerous other organizations. opening. In 2009, applications exceeded available funds within four hours. Conference to Focus on Protection To learn more, contact Kim Patten at CBF of Land, Water, and Communities ([email protected] or 717/234-5550) or Nicole In Adams County, a variety of organizations Faraguna at PALTA ([email protected] responded to the opportunity to increase The Chesapeake Bay Foundation (CBF) and or 717/909-1298), or visit www.landandwater.org. REAP’s impact locally. In 2008, local civic the Pennsylvania Land Trust Association groups worked actively to connect business- (PALTA) have joined forces to present a pub- For more information on how CBF is es with farmers to help REAP credits go even lic forum on land and water conservation. working to protect Pennsylvania waters, visit farther. The Agriculture Committee of the Together, they will sponsor “Working cbf.org/Pennsylvania.

18 Spring 2009 ● cbf.org Bay Briefs MARYLAND In General Assembly, A Struggle to Sustain Pollution Reduction Better growth management can nourish Maryland’s The Chesapeake Bay Foundation (CBF) is environment and local fighting aggressively to keep funding steady economies. in Maryland’s Bay Trust Fund, the primary state program to help reduce pollution from farms, urban and suburban run-off, and other sources. CBF sees the spending as a and at press time, various legislative commit- ILLY

critical investment that can improve the tees were debating changes to the Fund. L ORI

health of the Bay while it helps restore ailing L  seafood, farming, and other industries To learn more, visit cbf.org/Maryland. CBF and partners proposed new legislation in the statewide. 2009 General Assembly to encourage smarter Baker Awarded Speaker’s Medallion growth and more liveable communities in “A dollar spent to reduce pollution could Maryland. Rampant development is adding to mean dollars earned by watermen, dairy CBF President Will Baker has been named environmental stresses on the Bay. farmers, restaurant chefs, right on down the the 2009 recipient of the Speaker’s line,” said Kim Coble, Maryland Executive Medallion, awarded annually to a Maryland A Better Plan for Growth Director of CBF. “Never mind that the Bay citizen who has made outstanding contribu- can’t afford to slip further into ecological tions to the people of the state. Speaker of During the 2009 General Assembly, CBF and collapse.” the House of Delegates Michael E. Busch a group of environmental, housing, and other presented the award before the House of organizations unveiled innovative legislation When Governor Martin O’Malley unveiled Delegates in February in recognition of for future development in Maryland. The bill his spending plan for fiscal year 2010 in Baker’s 32-year fight to save the Bay. calls for the state to set five specific perform- January, it included $25 million for the Trust ance standards for growth around the state, Fund. CBF applauded O’Malley for that “Will Baker has been advocating for the Bay for and then leaves local governments to design commitment, saying it demonstrated con- more than three decades. All citizens of their own tailor-made ways to meet those stan- siderable leadership given the difficult choic- Maryland will benefit directly if the Bay’s dards. Towns and counties that make the most es he faced. But O’Malley’s proposal was health improves, and for that we must thank progress toward the goals over the next decade just the beginning. The legislature has the Will. It gives me great pleasure to acknowledge get a priority for state funding and permitting. authority to change the governor’s budget, Will’s tireless efforts to restore the Bay,” said Speaker Busch. The bill complements, but also adds accounta- bility, to legislation proposed by Governor Baker has been president of CBF since 1982 Martin O’Malley. “Sprawl ruins our quality of and has worked for the organization since life and our environment, and the timing could- 1976. “I am honored to receive the Speaker’s n’t be better to ensure Maryland is growing in a Medallion award. Speaker Busch has been a sustainable versus a destructive way,” said Kim great partner and what this award Coble, Maryland Executive Director of CBF. reflects is Speaker Busch’s and the House of Delegates’ com- Maryland must manage runaway develop- mitment to restoring the Bay,” ment—a pattern that is gobbling up 100,000 Baker said. “While the condi- acres of forest and farmland a year in the tion of the Bay remains poor, Chesapeake Bay watershed, and adding con- it is hard to imagine where siderable nitrogen pollution to the Bay. CBF we would be without the believes better management is critical, and leadership of Speaker wants the state to strengthen its ineffective Busch and Chairwoman growth guidelines so that both local environ- McIntosh.” ments and local economies prosper.

Speaker of the House  Michael E. Busch honored To learn more, visit cbf.org/Maryland. CBF President Will Baker with the 2009 Speaker’s Medallion For more information on how CBF is for his outstanding service working to protect Maryland waters, visit to the citizens of Maryland. cbf.org/Maryland or call 410/268-8816. HOTOS P

DELL 19 O Bay Briefs DISTRICT OF COLUMBIA

Stimulus Spending Includes The federal stimulus package When most of our nation’s highways were Clean Water Projects built, designers didn't understand the will help reduce pollution impact that polluted runoff has on our Fewer than 20 minutes into his presidency, and restore habitat in the Bay waterways. Today, we understand the prob- Barack Obama pointedly told the American and its rivers and streams. lem and have available, affordable technolo- people, “Starting today, we must pick our- gies to solve it. Congress’ upcoming consid- selves up, dust ourselves off, and begin the eration of the highway bill provides an work of remaking America.” opportunity to ensure that the nation’s high- Projects funded though SRF will create or way system will no longer be a significant In response, Congress has passed a huge maintain hundreds of jobs in the cause of water pollution. new economic stimulus bill, the American Chesapeake Bay watershed, effectively com- NIKKI DAVIS Recovery and Reinvestment Act of 2009, bining President Obama’s call to begin intended to create thousands of new jobs by “remaking America,” Bay restoration goals, injecting money into the economy. A signif- and economic recovery objectives. icant element of the package will focus on reducing pollution and restoring habitat in Other provisions benefiting the Bay include the Chesapeake Bay and its tributaries. clean water funds for rural communities through the USDA; NOAA’s habitat restoration The bill’s most important provision for the program; the Army Corps of Engineers’ envi- Bay is a large new federal investment in the ronmental restoration; energy efficiency grants EPA’s Clean Water State Revolving Fund for schools and homes; and public transit. (SRF). This fund is the principal means by which the federal government assists in Highway Bill Holds Potential building and upgrading wastewater treat- for Reducing Runoff Pollution ment plants and similar projects to restore clean water. Reauthorization of the Highway Bill will be one of the major undertakings of the 111th Nationally, SRF will receive $4 billion Congress. The legislation could have a dra- through the new bill. Approximately $871 matic impact on water quality throughout million will come to the six Bay watershed the nation by requiring that interstates and states and the District of Columbia. Each other roads built with federal funds—about will use its share to help communities $40 billion per year—be designed to reduce with low-cost financing or grants for pollution from roadway runoff. wastewater and stormwater runoff projects, and in some Bay states, farm Highways built with federal help have an operations. enormous negative impact on water quality, A reauthorized Highway Bill could keep runoff both in the Chesapeake Bay watershed and from new and existing roads from polluting the throughout the nation. Rain and melting nation’s waterways. The Obama administration has snow runoff from almost a million miles of included funds for upgrades and federally aided highways (97,044 miles in Reauthorization of the Highway Bill occurs new construction of wastewater Chesapeake Bay states alone) are directly only every five years. CBF has seized the treatment plants in its responsible for a huge quantity of pollutants moment to convince legislators that new sweeping recovery plan. that degrade rivers, streams, and the Bay. federal-aid highways and bridges should have necessary pollution controls, and that Highway runoff contains mercury and toxic older roads should be retrofitted with state- metals, which can make people sick, of-the-art pollution-reduction mechanisms. and nitrogen pollution that feeds the Bay’s dead zones. Surges of Be part of CBF’s Highway Bill campaign. Visit highway runoff during big storms cbf.org/transportation. also erode stream banks, pushing huge amounts of sediment down For more information on how CBF is working to the Chesapeake Bay, where it at the federal level to protect and restore the Bay smothers underwater grasses and its tributaries, visit cbf.org/dc or call and habitat. 202/544-2232.

20 Spring 2009 ● cbf.org Bay Briefs VIRGINIA VIMS Says No to Asian Oysters To achieve Bay cleanup goals, pounds, and is poised to achieve the Citing ecological and economic uncertainties, remaining reductions by 2011. But several the Virginia Institute of Marine Science deadlines for pollution wastewater plants requested deadline exten- (VIMS) has recommended that Virginia, reductions by wastewater sions—some until 2015 and one until treatment plants must be met. 2020—from the State Water Control Board and the Virginia General Assembly. ROZZO T

AVID During the ’09 legislative session, CBF suc- D In opposing foreign oysters in the Chesapeake, cessfully defeated these requests. In addi- VIMS joins CBF, The Nature Conservancy, other tion, CBF will continue to fight proposals to conservation groups, and a host of federal agen- allow increases in pollution unless those cies, Eastern seaboard and Gulf Coast states. increases are fully and completely offset.

“Given the available information, the combina- “If Virginia is going to allow a discharger to tion of native oyster aquaculture and enhanced increase pollution going into a river, the state native restoration clearly provides the best must also require equal reductions else- potential for progress with the least amount of where in the river,” said CBF Virginia risk,” CBF President William C. Baker said. Deputy Director Joe Tannery. “Otherwise, the net effect is a more polluted Chesapeake State and federal officials continue to weigh Bay. That is unacceptable.” oyster restoration options. A decision is expected later this spring or summer. For more information on how CBF is working Virginia scientists recommend increased efforts to protect Virginia waters, visit cbf.org/virginia to restore the Bay’s native oyster, rather than Learn more at cbf.org/oysterstudy. or call 804/780-1392. the introduction of a foreign species. Holding the Line on Nitrogen Pollution Clean the Bay Day needs you! Maryland, and the federal government not introduce Asian oysters in the Chesapeake CBF continues to oppose efforts in Virginia Sign up now for the biggest clean-up event of Bay or use them for commercial aquaculture. to backslide on the 2011 deadline for waste- the year: the 21st Annual Clean the Bay Day on water treatment plants to reduce nitrogen Saturday, June 6. Register at cbf.org/clean. Instead, VIMS strongly recommends that pollution going into Virginia rivers and the the two Bay states and U.S. Army Corps of Chesapeake Bay. Engineers increase efforts to restore native oysters in the Bay and encourage use of The current program is working: Since native oysters for aquaculture. 2000, Virginia has reduced nitrogen pollu- tion from wastewater plants by four million In December, the Army Corps issued a draft environmental impact statement (EIS) for CBF President Will Baker greets Governor Tim oyster restoration in the Bay. The EIS sug- Kaine before he addresses the Rally for Clean gested several options for restoring oysters, Water on January 26. Hundreds of Virginians including introducing an Asian oyster, braved flurries and frigid temperatures to rally Crassostrea ariakensis. for clean water in Richmond’s Capitol Square. BILL PORTLOCK/CBF STAFF

21 Profile

pattern and began to see environmental CBF Maryland Executive Director Kim Coble issues as justice issues. has been appointed by Sutton as his advisor The Green on environmental issues. “I’m honored to “We have to let people know that at the help the bishop strengthen the connections basis of all faiths is loving your neighbor,” between our communities,” she said. Bishop Steps Sutton said. “And right now, our neighbors are dying because of bad air, unclean water, Her involvement follows that of Doug unsafe land; especially the poor, in our Siglin, now Director of Federal Affairs for Forward urban areas. It’s very acute.” CBF, who was one of the founders in 2004 of an interfaith alliance to fight global By Tom Pelton Before his election as bishop last March, warming called Greater Washington Power Rev. Sutton was one of the pastors at the and Light. Noting that the group has grown National Cathedral in Washington, D.C. He to 350 congregations, Siglin said, “I think he Right Rev. Eugene Sutton strides toward helped reduce the church’s energy use and it’s absolutely critical to involve people of T the altar of the Church of the Transfiguration carbon footprint. Now that he’s leading 117 faith in environmental efforts.” in Frederick County, Maryland, carrying a golden parishes in 10 Maryland counties, he said staff shaped like a shepherd’s crook. he plans to lobby for stronger pollution con- Bishop Sutton agrees, saying religious leaders trol laws in Annapolis, especially to combat have a spiritual obligation to use pulpits and All but one of the 70 worshippers in his climate change. He promoted his message persuasion in the flock this Sunday are white. Rev. Sutton is during a keynote address at the state’s annu- struggle against pol- the first black bishop of the Episcopal al Environmental Summit in January. lution. “If the reli- Diocese of Maryland, but that’s not how he gious leaders could wants to be known. He prefers to be seen as Bishop Sutton’s activism is part of a broader educate their people the “green” bishop. trend of increasing involvement in environ- as to the responsibili- mental issues by religious organizations. And ties that people of Twice during the service, he talks about the more green groups like CBF are reaching out faith have to this need to protect the environment, placing to churches and synagogues. Earth, it would this responsibility in the same moral con- For example, this winter, make a tremendous text as helping the poor or fighting disease. CBF offered a course difference.” called “Faith and the “More than the color of my skin, and my her- Bay” as part of itage—of which I’m very proud—I want to be its Volunteers as The Right Rev. Eugene Sutton, Bishop of known for what I’m about, and the priorities Chesapeake Stewards the Episcopal Diocese of Maryland, is an that I’m having for my ministry here,” Sutton (VoiCeS) program. outspoken advocate for environmental said during an interview later. “And one of my The course explored justice. He supports passage of stronger very main priorities is to meet the ecological how different religious pollution control laws. Sutton uses “The challenge that is facing the state of Maryland, traditions honor and Green Bible,” (shown above) a new version of the scriptures printed on recycled and indeed this country and the world.” care for the Earth, and paper. Passages on nature and how congregations can stewardship are printed Bishop Sutton grew up in Washington, help “green” their com- in green ink. D.C., as the son of migrant laborers from munities. North Carolina who had nothing but faith.

He experienced a greening of his religious vision during his first assignment out of sem- inary. As pastor in a poor black neighborhood in Muskegon, Michigan, he was disturbed that so many children in his parish were poi- soned by lead paint, while adults suffered lung disease because of asbestos. The poor there lived in low-lying areas that were often flooded, while the wealthy lived high and dry. TAFF

In the years that followed, as he travelled /CBF S from Asia to Africa, he recognized the same ELTON P OM ● 22 Spring 2009 cbf.org T Service with CBF AND NCLI STAGE A TREE-PLANTING WITH SPIRIT a Smile By Carol Denny AVIS D IKKI N AVIS AVIS JONI MILLER/CBF STAFF D D IKKI IKKI N

Yes we can! N Supporters of the No Child Left Inside Act, a bill aimed That’s what at strengthening environ- n January 19, the day “ strengthen and House this day is mental education, joined Obefore the inaugura- support environ- Majority community members to tion of President Barack about...about mental education. Leader plant 44 trees in an Obama, a crowd of more recommitting, Steny Hoyer Anacostia park. than 1,500 students, The NCLI coali- (D-MD), the environmental activists, about doing, tion, founded just host of the program, called on students and community residents, about action. two years ago, young people to take up Obama’s mantra of and elected officials gath- now represents “Yes we can!” in the fight to clean up the ered along the banks of –REP. STENY HOYER more than 47.5 District’s most polluted river, the Bay, and the the Anacostia River in ” million members broader environment. Supporters applauded Washington, D.C. They were there to join in from 1,100 organizations, from the Sierra the speakers, swayed together to the songs of a spirited, song-filled celebration and plant Club and the National Audubon Society to the Matthews Memorial Baptist Church 44 trees in honor of the new president and hundreds of youth, education, and conser- Choir, then ceremonially planted 44 saplings. environmental education. vation groups. “As someone who has watched environ- The event was planned in response to At the Anacostia event, sponsored by mental education take a back seat for eight Obama’s call for a national day of community CocaCola, Rep. John Sarbanes (D-MD) spoke years, now witnessing the highest level of service on what would have been Martin to the assembly before picking up a shovel government embracing our message gives Luther King, Jr.’s 80th birthday. Many in atten- and planting a tree. “There is no better serv- me great hope. This is opportunity we can dance were part of the No Child Left Inside ice that we can do for our children and our believe in,” said CBF Vice President for (NCLI) Coalition, a team of environmental grandchildren than to preserve our environ- Education Don Baugh. and education groups mobilized and led by ment,” Sarbanes told the cheering crowd. “So the Chesapeake Bay Foundation (CBF). The let us serve today and every day…and we will To learn more about the No Child Left Inside coalition is behind legislation in Congress to make a finer world to live in.” movement, visit cbf.org/ncli.

23 Young Photojournali Their Best Shot By Carol Denny

KEVIN BEN

ANNA BAKKAR

KEVIN BEN CRYSTAL WOLFE

ast summer, 15 Baltimore Geographic Photo Camp in the heart of the the end of their four-day stay at CBF’s high schoolers gave up Chesapeake. For most, it was unfamiliar Port Isobel Study Center, they had a new iPods, cell phones, and and enthralling territory. perspective on the workshop’s central even showers to become theme: “What’s your connection to the Bay explorers. The inner- Accompanied by National Geographic environment?” city students from Vivian photographers and editors, the budding Thomas Academy and the photojournalists shot muddy marshes, “The students got to work with some of Baltimore School for the Arts traveled with seined for fish and crabs, and chatted with the top photographers and editors at Lcameras and mentors to a National the residents of nearby Tangier Island. By National Geographic, and we also had fan-

24 Spring 2009 ● cbf.org ists Give the Bay

AUDRIA BOYD DAVE HARP/NG PHOTO CAMP STAFF

AMELIA STINNETTE

COURTNEY HENSEN

JASMINE BRANCH

AMELIA STINNETTE

ANNA BAKKAR

BACKGROUND PHOTO: EMILY WATERS, LARGE PHOTO: BRIAN TALBOT/NG PHOTO CAMP STAFF

tastic leaders like photographer Dave Harp, This May, a new group of Photo Camp par- To see additional National Geographic who’s Mr. Chesapeake Bay,” said Kirsten ticipants will travel to the Chesapeake, this Photo Camp images from the Chesapeake and Elstner. She’s the executive director of time to CBF’s Smith Island center. Because other workshops, visit http://photography. VisionWorkshops, which organizes experi- last year’s students were so impressed by res- nationalgeographic.com/photography/ ences for underserved youth across the idents’ stories of Tangier Island life, the photocamp. To learn more about Vision - world—from South Dakota to Botswana— theme for 2009 will be the culture of the Bay. Workshops programs, go to www.vision for the photo camps. “There were so many Once again, students will focus on seeing workshops.org. positive role models for them, like former their surroundings through the lens of a CBF educator Dave Cola—the kids were camera, and seeing themselves and their blown away by his teaching.” world in a new light.

25 Our Giving Community

and the Piankatank endowment fund will be used year after AMILY F Memorial Fund and explored the year, permanently, to ensure students have rivers south of the access to environmental field education. ISCHEL F Honors a Life- Potomac. “We were Some students will learn to test water aground all over the quality aboard a “floating classroom” on Long Connection Bay,” remembers his the very waters around Williamsburg father. where John boated in his teens. Others OURTESY OF THE C to the Water will dredge for oysters aboard CBF’s By Joni Sralla Miller When John was 17, Stanley Norman skipjack near Annapolis, his mother died directly where John spent the last part of of cancer, and he his life. ohn Fischel’s memorial service was so found solace on the water. Later, as an adult, Jcrowded that mourners spilled out into the he moved from state to state, settling in Through CBF’s hands-on field education rain. The 48-year old Annapolis resident, Annapolis to be near his sister and the thriv- experiences, students will learn lessons loved by family and friends for his sense of ing boating community. There, he spent that will encourage them to be respectful humor and enthusiasm for sailing, had suf- every free moment on his boat. and responsible stewards of the water. fered from depression. In May 2008, he took These are ideals John’s family knew he his own life, shocking the community where His sister told STB, “To say that John loved would appreciate. he lived and devastating his father, Tom, and the Bay is an understatement. It was his sister, Debbie. life. But he had real concerns about its When asked what John would say about a health.” She also said her brother observed fund in his name, Tom and Debbie have John was born in Canada, and the family the Bay’s decline over the years and could the same answer: “That works.” It’s a moved often for his father’s job. After living not understand how people could abuse it one-liner John often used to express his around the country and abroad, John, so carelessly. approval. Debbie, and their parents moved to Williamsburg, Virginia, in the early 1970s As a way to commemorate John’s life and “The water provided him the peace that and took up sailing. From their berth off love for the Bay, Tom and Debbie created the the land never did,” Tom says. “It was his the York River, they sailed Fishing Bay John V. Fischel Memorial Fund. This CBF safe haven.” Board Welcomes New Members CBF is delighted that business leaders Matthew J. Klein and Byron Washington Board of Trade and the Executive Committee of the F. Marchant have joined the CBF Board, bringing unique skills to the Urban Land Institute. organization’s governing body. Byron F. Marchant, an attorney, is President and Matthew J. Klein is President of Akridge, a real CEO of the U.S. Naval Academy Alumni

KRIDGE estate development firm based in Washington, Association and the U.S. Naval Academy A D.C. He brings to the Chesapeake Bay Foundation. He formerly served as Executive Foundation a strong commitment to environ- Vice President, General Counsel, and Chief

OURTESY OF mental responsibility, and 20 years of experi- Administrative Officer of Black Entertainment C ence in integrating this ethic with business Television, Inc. practice. Akridge is noted for the energy effi- ciency and sustainability of its projects, which incorporate U.S. Marchant has deep ties to the Chesapeake Bay region, having Green Building Council LEED (Leadership in Energy and graduated from the U.S. Naval Academy in Annapolis and served Environmental Design) standards in both new construction and in leadership posts throughout Virginia, Maryland, and renovations. The firm has set a goal to use five percent less ener- Washington, D.C. He is former Senior Vice President and gy annually in all its buildings, and has achieved that goal for General Counsel of TeleCommunications Systems, Inc. and a for- two years running. No developer has won more awards from mer Partner at Patton Boggs, LLP. Marchant currently sits on the Washington’s Smart Growth Alliance. boards of George Mason University and the University of Virginia, where he is an alumnus and adjunct professor at the Klein, a graduate of Wake Forest University, is the current Law School. He will provide legal expertise and an in-depth Chairman of the Downtown DC Business Improvement District. understanding of public policy issues as CBF works to advance He also serves on the Board of Directors of the Greater its state and federal initiatives.

26 Spring 2009 ● cbf.org Our Giving Community

TAFF Save the Date for CBF S Bands in the Sand In the gray days of winter, everyone needs a great summer beach party to look forward to! The Boatyard Bar and Grill presents the fourth annual Bands in the Sand, an evening of hot music, cool drinks, grilled food, and a Q& A: silent auction of Chesapeake Bay art—all to benefit CBF.

Northrop Grumman Builds Join us on Saturday, June 13, from 5:00 to 10:30 p.m. on the beach at CBF’s Philip Leaders for Tomorrow Merrill Environmental Center in Annapolis, Maryland. Proceeds from the ach summer, CBF’s one- and two-week in the defense industry, we have a genuine event will support CBF’s programs to E Student Leadership field experiences draw interest in future technology leaders, and we restore and protect the Chesapeake Bay young participants from Maryland, Virginia, look to our own state for that talent. There and its rivers and streams. and Pennsylvania. High school and middle are too few students who are graduating with school students explore the Bay and its tributar- degrees in science, technology, engineering, For more information, including ticket infor- ies with naturalists, urban land planners, farm- and math (STEM). Through our mentoring mation and sponsorship opportunities, visit ers, scientists, and community leaders. Together program and programs like CBF Student cbf.org/bandsinthesand. they conduct authentic research projects during Leadership, we’re exposing students to the the trip. possibilities that await them. We help them JOHN BILDAHL understand that STEM presents viable career Northrop Grumman began supporting CBF’s opportunities for everyone. Student Leadership program this year. We spoke with Ted E. Imes, Director of Community CBF: Do you think that classroom instruc- and Education Outreach at Northrop tion alone in topics like science, technology, Grumman Corporation Electronic Systems engineering, and math is really enough? Sector in Linthicum, Maryland, to find out why NG: Absolutely not. It needs to feel real to the this program is important to his organization. students, and it’s our job to get them engaged and connected. We must take students out of CBF: Northrop Grumman has been sup- the classrooms and provide them with hands- porting CBF's teacher training program, on opportunities, so that they can learn to Chesapeake Classrooms, for many years. apply classroom education to real-world situa- Now you’re supporting CBF’s Student tions. These opportunities can generate excite- Leadership, too. Why? ment in children and help deepen their under- NG: We’ve had a positive experience working standing once they return to the classroom. with Chesapeake Classrooms educators. It was natural for us to extend this partnership to CBF: CBF is training student leaders to be include the students. These are the people environmental decision-makers. How does it who will have the most influence on their feel to make a program like this possible? peers and can spread the message about the NG: We’re excited about this program and importance of protecting the environment. It’s recognize that leadership can begin at an our goal to focus this message on our youth. early age. These students are our advocates for a cleaner environment. They’ll help pro- CBF: Northrop Grumman has its own men- tect and preserve our region’s resources for toring program for students. Why is it generations to come. important to your company to invest in chal- Seven hundred friends and supporters enjoyed lenging programs for young people? Applications for 2009 Student Leadership an evening on the beach at last year’s Bands in NG: Northrop Grumman is the largest experiences are being accepted through May 1. the Sand. The event raised more than $100,000 industrial employer in Maryland. As a leader For details, visit cbf.org/SL. for CBF programs.

27 Driftwood

Events Around the Watershed West Virginia April 25: Beef Cattle Farm Stewardship Project, Shepherdstown, Pennsylvania 9AM-1PM. Help plant 700 trees. Register: 443/482-2156 or May 2: Beef Cattle Farm Stewardship Project, Franklin County, 9AM- [email protected] 1PM. Help plant 800 trees in the Antietam Creek Watershed. Register: 443/482-2156 or [email protected] Virginia March 31: Blue Planet Forum: The Impact of Hurricanes in Maryland Hampton Roads and the Nation, Nauticus, Norfolk, 7PM. Featuring April 4: Dairy Farm Stewardship Project, Washington County, 9AM- Bill Read, director of NOAA’s Hurricane Center. Free, advance registra- 1PM. Help plant 1,000 trees in the Antietam Creek Watershed. tion required: 757/622-1964 or [email protected]. Details at Register: 443/482-2156 or [email protected] cbf.org/blueplanet April to early May (ongoing): Tree potting at Clagett Farm, Upper June 6: 21st Annual Clean the Bay Day, Hampton Roads area. Join Marlboro. Times flexible; call 443/482-2156. thousands of volunteers to remove trash and debris from local water- ways. Choose your location. Register: cbf.org/clean April 25: Shad Music and Heritage Festival, Vienna waterfront, 10AM-4PM, rain or shine. Celebrate the culture and wildlife of the For more information, visit cbf.org/events. Eastern Shore at this free CBF family event. 410/543-1999 or Virginians will cbf.org/events pitch in to clean May 5: 2nd Annual Akridge Save the Bay Classic, Queenstown up local waterways Harbor, Queenstown. Sponsors, business leaders, and guests support during the 21st Annual Clean the CBF with a day of golf and discussion on sustainability at this environ- Bay Day on June 6. mentally-conscious course. Space limited, registration required: State Senator John 410/268-8816 or [email protected] Miller, left, joined June 14: Living Shoreline Planting Event in honor of Kennedy the 2008 effort. Fitzgerald, Chesapeake Bay Maritime Museum, St. Michaels, 1- 4:30PM. Register: 410/543-1999 or [email protected]. CASEMATE, FORT MONROE, VIRGINIA

operation, the center reflects CBF’s mission: CBF’s Annapolis headquarters is a model of green building principles. to protect and restore the Bay. ARTCORN H

AVE Learn more about CBF's green headquarters D at cbf.org/merrillcenter. Picture This Do you enjoy exploring the Chesapeake with your camera? Got a shot of the Bay, its rivers, or streams that you consider your personal best? Share it with CBF! Enter your work in our second More Honors for Merrill Center annual photo contest, and you could win one of CBF’s Philip Merrill Center in Annapolis has The chapter presented its Legacy of the Year three cash prizes. Entering earned another award for its sustainable design. Award to the Merrill Center and its builder, is easy: submit your digi- The regional chapter of the National Green Clark Construction Group of Bethesda. Now tal images online from Building Council, the nation’s top green build- seven years old, the CBF flagship is the first April 1 through May 15. ing certification program, recognized the CBF building to receive a Platinum rating for headquarters for demonstrating that “a com- Leadership in Energy and Environmental Visit cbf.org/photocontest pletely green building is an attainable reality.” Design (LEED). In design, construction, and for details. TOCK S I 28 Spring 2009 ● cbf.org Driftwood Extra, Extra: Bay Daily Launches New in ’09 at cbf.org is Bay Daily, a timely take on the latest news concerning the Bay and its rivers and streams. Created by CBF Senior Writer Tom Pelton, Bay Daily covers personalities, politics, and news from the frontlines in the fight for clean water. Nationally acclaimed cartoonist Kevin “Kal” Kallaugher draws the gull-with-an-attitude that accompanies each post.

Read The Bay Daily online at cbf.org/baydaily (or have it sent via RSS feed). KAL KALLAUGHER

The View from Virginia RODUCTIONS P MITH S ORTLOCK P ILL EDRICK B H COURTESY , OX Z USAN S

Bill Portlock's portrait of a Greater Yellowlegs is part of his one-man show at The Roger Tory Peterson Institute of Natural History. This spring, audiences beyond the Chesapeake will have the chance to enjoy remarkable photography by CBF’s Senior Educator for the Bay. Now on display at The Roger Tory Peterson Institute of Natural History in Jamestown, New York, is “Nature Revealed: The Photographs of Bill Portlock.” The exhibition features more than 40 images from Portlock’s extensive Virginia portfolio: landscapes, marshes, rep- tiles, amphibians, and birds. The environ- mental educator says the honor from one of the nation’s premier natural history organi- zations is one more way to promote the Save the Bay message: “I’m very honored “Poisoned Waters” on PBS April 21 and pleased to get such an audience, and the opportunity to get people engaged— Tune into PBS on Tuesday, April 21, as Frontline airs a new documentary on the emerging con- taminants being found in drinking water all across the country. Hedrick Smith’s “Poisoned and outdoors more.” The show runs Waters” focuses on case studies of the Chesapeake Bay and the Puget Sound, showing just through April 26. how far our environmental protections have fallen short. By demonstrating how local activists have forced the EPA and big polluters into more effective cleanup operations, the film chal- See an online gallery of Bill Portlock’s pho- lenges citizens and policy makers to become more forcefully engaged in protecting our water. tographs at cbf.org/NatureRevealed.

29 Last Look , LLC TLANTIC -A ID M IRANT M

The Economy and the Environment A tough new environmental law forced the Mirant power company to install this air pollution scrubbers By Tom Pelton —and hire hundreds of contractors—at the Chalk Point Generating Plant on the Patuxent River.

his recession is harrowing for all of us. The Chesapeake Bay Foundation and part- requiring better filtration systems on T Both of my brothers have been laid off. ners in January sued the federal govern- smokestacks, with some claiming the When I went to my parents’ home for a ment, frustrated that a quarter century of bill would hurt the power industry and baptism recently, my older brother and I promises to clean up the Bay had been bro- eliminate jobs. found some time to talk together privately ken by the U.S. Environmental Protection over lunch. As I picked at my French fries, Agency (EPA). Some business owners But the passage of the law forced this he quietly confided that he doesn’t know if might worry that tighter EPA regulations Atlanta-based company to pour $1.6 billion his daughter (whom we were there to would hurt industry, deepen the recession, into Maryland. It is now hiring about 800 bless) will have a home much longer. Both and make it contractors a he and his wife have been unemployed harder for month to build now for more than a year, and he doesn’t average folks In reality, scrubbers and know where to turn. He keeps applying for like my brother strong environmental laws other pollution- jobs, but nobody is hiring. to find work. “ reduction That was the fuel economic growth. equipment. In the face of such anxiety, it is hard to de-regulatory When finish- find any silver lining to the downturn. It mindset of the ed next year, feels almost obscene to search for one. Bush administration—and it allowed the Mirant will pay 60” workers about $60,000 But, in fact, my family has grown closer as mortgage meltdown and financial crisis. a year to run the clean-air systems. This is we pull together and try to help each In reality, strong environmental laws fuel precisely why we need tough environmen- other out. job growth. tal rules: to compel even recalcitrant pol- luters like Mirant to do good for the Earth In the broader world, too, sometimes the Here’s an example close to home. The and the economy. ash of hardship fertilizes the soil. Mirant power company owns three coal- Economic calamity sparked change at the fired electric plants in Maryland with a Maybe my older brother should apply for White House. And from this shift has risen track record of serious air pollution vio- one of those jobs. That kind of work would a new sense of optimism—not only that lations. The smokestacks of the Chalk be a blessing not only for him and his America’s economy can be rebuilt, but that Point, Morgantown, and Dickerson daughter, but for everyone who breathes. maybe our natural world will once again plants belch nitrogen oxides that are a flourish, too. That is a lot to heap on the cause of low-oxygen dead zones in the Tom Pelton is Senior Writer for shoulders of one president, maybe too Chesapeake Bay and mercury pollution the Chesapeake Bay Foundation. much. But there is reason to hope that eco- that contaminates fish. Mirant and other His column on current Bay nomic recovery and environmental electric power producers and their allies issues can be found at cbf.org/baydaily. progress will both flower together. fought bitterly against a 2006 state law

30 Spring 2009 ● cbf.org The future of clean water ON THE RESTS SHOULDERS OF CBF MEMBERS. MEMBERS LIKE YOU.

About 80 percent of CBF’s annual budget is privately raised. That means we rely heavily on our members—concerned, committed citizens like you. When every penny counts, it’s important to invest in a winner. CBF is leading the fight for the Bay and its rivers and streams. WITH YOUR HELP, WE CAN SUCCEED. PLEASE GIVE TODAY AT CBF.ORG/GIVE2009

You may also use the enclosed envelope to mail your donation. To make a contribution in the form of a planned gift, stock, or other means, please contact Vollie Melson at [email protected] or 410/268-8816 or consult your financial advisor. A Saved Bay is Worth the Fight

We won’t stop until the job is done.

On the cover: In Washington, D.C., CBF President Will Baker, CBF Litigation Director Jon Mueller, and partners former Maryland State Senator Bernie Fowler and Virginia Waterman’s Association President Ken Smith anounce a federal suit against EPA. (See page 14.) Photo by Nikki Davis

Non-Profit Organization U.S. Postage PAID Chesapeake Bay Foundation Southern, MD Philip Merrill Environmental Center Permit No. 305 6 Herndon Avenue, Annapolis, MD 21403 410/268-8816