When it comes to working with the community on environmental cleanup and conservation, most nonprofits prefer to use a carrot rather than a stick. This means building relationships, cultivating partnerships, and encouraging teamwork. In many cases, it works. But what happens when it doesn’t?
That’s where the Potomac Riverkeeper Network (PRKN) comes in. PRKN encourages voluntary compliance, but when polluters refuse to do the right thing, PRKN uses its network of attorneys to go after them.
“Through our attorneys, we forcefully assert the interests of the public in clean water,” says Bob Dreher, legal director of PRKN. “We are the only nonprofit group consistently willing to use hard-hitting legal remedies.”
Translation: “We sue.”
Citizen enforcement provision to the rescue
In these efforts, PRKN taps the citizen enforcement provision of the Clean Water Act. In June 2023, it did just that when it joined with the Natural Resources Defense Council to sue the U.S. Navy for long-range testing of naval weapons in the Potomac River without a permit.
Dean Naujoks, Potomac Riverkeeper, notes that the Navy has been conducting this activity for decades and has discharged more than 33 million pounds of munitions into the river. These munitions contain toxic metals, solvents, explosives, and other potentially harmful constituents.
“We were shocked to discover the federal government is openly polluting this waterway without any kind of permit,” says Naujoks. “We’re not asking the court to shut down weapons testing. We just want the Navy to get a permit under the Clean Water Act to ensure that their activities protect water quality as everyone else has to do.”
In another case, PRKN joined the State of Maryland in a lawsuit against St. Mary’s County’s Metropolitan Commission (MetCom) to request an injunction ordering the agency to cease persistent and illegal discharges of raw sewage from its wastewater treatment plant into the Potomac River and its tributaries. These violations, which have been occurring over the past five years, pollute oyster beds and harm both watermen and the public.
“These sewage spills endanger the public and harm the marine environment by exposing aquatic life to pathogens and toxic pollutants,” says Naujoks. “The sad thing is, these spills could have been avoided had MetCom simply properly maintained and operated its wastewater system.”
The proof is in the pudding
It’s hard to argue with PRKN’s approach, especially since it works. Take the D. & L. Coal Company for example. D. & L. ran a 2.5-acre coal loading operation near the bank of the North Branch of the Potomac River in Mineral County, WV, supplying coal to the Luke Paper Mill about a half mile downriver.
While the paper mill closed in June 2019, the coal loading operation—and its stormwater pollution—continued. When it rained, runoff contaminated with coal waste from the stockpile flowed into ditches and directly into the North Branch Potomac River.
Despite the company’s claims that its coal loading operation did not allow any stormwater pollution into the river, Brent Walls, Upper Potomac Riverkeeper, collected photographic evidence to the contrary. In February 2020, he noticed coal residue along a channel, formed by coal-laden stormwater, leading from the D. & L. site into the river. He returned three times after rains and obtained more photos.
With that evidence, in July 2020, Upper Potomac Riverkeeper, along with Environmental Integrity Project and Appalachian Mountain Advocates, filed a Notice of Intent to sue under the Clean Water Act. In response, D. & L. voluntarily rescinded its discharge permit (essentially ceasing all activities at the site) and reclaimed the site to its state before the issuance of the permit. It looks better than it has for decades, and the pollution source has been completely eliminated.
Before: The D. & L. Coal site in May 2020
After: The D. & L. Coal site in October 2020
While it would be nice if the legal route weren’t necessary, PRKN’s Dreher acknowledges the need is an unfortunate reality. “We don’t want to sue,” Dreher concludes. “Ideally, we would never have to do that. But our goal is to protect and defend our watersheds, and polluters generally don’t stop polluting unless you make them.”
To learn more about Potomac Riverkeeper Network and how you can get involved, visit potomacriverkeepernetwork.org.
Sustainably,
Bobby Firestein
For our 2023 Ecoprint calendar, Protecting the Natural Beauty of the Chesapeake Bay, we have partnered with 13 different organizations, all dedicated to helping solve the environmental challenges in this important ecological hub. The Potomac Riverkeeper Network is our featured partner for the month of August. To get your own 2023 Ecoprint calendar, click the button below.
Top photo credit: Davide Hunke