Federal Update Archive

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Spring 2024

Bay Programs Dodge Budget Cuts

Important programs that fund Bay restoration efforts were spared from cuts in the fiscal year 2024 budget deal Congress reached in March. The EPA Chesapeake Bay Program's budget for fiscal year 2024 is $92 million, the same as fiscal year 2023. The program coordinates the many federal, state, and local governments, nonprofit groups, and education institutions that comprise the partnership to save the Bay and its waterways.

The Chesapeake Watershed Investments for Landscape Defense (WILD) grant program also remains funded at last year's level, eight million dollars. Administered by the Fish and Wildlife Service, Chesapeake WILD grants support locally led initiatives to conserve habitat for native fish and wildlife such as blue crabs, freshwater mussels, and ruffed grouse. Army Corps of Engineers funding for large-scale oyster recovery efforts in Maryland and Virginia remains at $6.45 million.

And in a win for fisheries, the Department of Agriculture got one million dollars to control invasive blue catfish, voracious predators that threaten native species. To help bring more of these fish to market, the department got another $500,000 to increase inspections and three million dollars for grants to processing facilities.

Bipartisan Bills Would Renew Conservation Efforts

Bipartisan legislation introduced in Congress would extend three federal programs essential to restoring the Bay and its rivers and streams, conserving wildlife habitat, and boosting public access to this national treasure. Senate Environment and Public Works Committee Chairman Tom Carper (D-DE) and Ranking Member Shelley Moore Capito (R-WV) introduced the America's Conservation Enhancement (ACE) Reauthorization Act in February and considered the bill in committee in March.

The bill would extend programs in the original ACE Act of 2020, including EPA's Chesapeake Bay Program, the Fish and Wildlife Services Chesapeake WILD grant program, and the National Park Service's Chesapeake Gateways Program. Companion legislation was introduced in the House by Chesapeake Bay Task Force Co-Chairmen Representatives Rob Wittman (R-VA), Bobby Scott (D-VA), and John Sarbanes (D-MD).

New Soot Limits Will Benefit Bay Region

EPA released long-awaited stronger limits on air pollution from soot and other fine particles in February that will protect people's health and help reduce excess nitrogen pollution reaching the Bay and its tributaries. Out waters are vulnerable to dirty air coming from as far away as the Midwest and Canada. Too much nitrogen fuels the growth of oxygen-deprived dead zones that kill oysters, crabs, and other aquatic life vital to the region's economy.

The tighter standards will particularly help communities already overburdened by pollution from multiple sources, such as industrial facilities, power plants, gas pipelines, busy highways, and large poultry operations. Reducing soot pollution will also provide relief to children, older adults, and people suffering from lung or heart disease. CBF has been part of a coalition of environmental and public health groups pressing EPA for more protective soot controls since the agency decided in 2020 not to update standards set back in 2012.

—Keisha Sedlacek
Federal Director
Chesapeake Bay Foundation

Winter 2023

CBF Expert Testifies Before Congress

CBF Maryland Executive Director Allison Colden testified before a subcommittee of the House Natural Resources Committee in October in favor of legislation to support the critical scientific and educational work of the National Oceanic and Atmospheric Administration's (NOAA) Chesapeake Bay Office. The bipartisan bill, called the Chesapeake Bay Science, Education, and Ecosystem Enhancement (SEEE) Act, would ensure that the NOAA Chesapeake Bay Office continues to play its essential role in the federal and state partnership to restore habitat, enhance ecosystem functions, and reduce water pollution in the Bay watershed.

The SEEE Act would also extend authority for the Chesapeake Bay Watershed Education and Training (B-WET) program, which NOAA's Chesapeake Bay Office runs. B-WET gives students and teachers the chance to learn through hands-on scientific inquiry about the environmental challenges facing the Bay.

The SEEE Act was introduced in the House by Representatives John Sarbanes (D-MD), Bobby Scott (D-VA), Rob Wittman (R-VA), and Jen Kiggans (R-VA). The Natural Resources Committee later approved the bill for consideration on the House floor. Companion legislation has been introduced in the Senate by Senators Mark Warner (D-VA), Chris Van Hollen (D-MD), Ben Cardin (D-MD), Tim Kaine (D-VA), Bob Casey (D-PA), John Fetterman (D-PA), and Joe Manchin (D-WV).

CBF Advises Administration on Valuing Nature

CBF submitted comments supporting the Biden administration's effort to help federal agencies consider the value of healthy ecosystems when analyzing the costs and benefits of new regulations. Thriving ecosystems provide many benefits, such as clean water for productive fisheries and healthy wetlands that filter water pollution and absorb storm surges and flooding. The White House Office of Management and Budget (OMB) is drafting guidelines to improve how federal agencies evaluate these ecosystem services in the rulemaking process.

Drawing on the expertise of CBF scientists, the comments called for OMB to expand the guidelines' scope to cover other government decisions besides regulations. CBF applauded the draft guidelines for directing agencies to consider how government actions affect ecosystem services for historically underserved communities and how to prevent further harm to those already overburdened by multiple sources of pollution. CBF also suggested specific analytical tools federal agencies could use to quantify or monetize certain ecosystem services.

Advocacy Training Launched in DC

The Federal Office successfully launched CBF's adult education and advocacy training course in the nation's Capital this fall with a full class of 15 highly engaged participants. CBF has offered its Volunteers as Chesapeake Stewards (VoiCeS) program in Maryland and Virginia since 2004. The six-week course marks the first time that adults in the Washington, D.C., metro area got the opportunity to learn about their local waterways, the challenges to restoring water quality in them, and how to get involved in protecting these precious local resources.

The course kicked off on October 5 and met for consecutive Thursdays through November 9. Taught by leading environmental and conservation experts, the D.C. Metro VoiCeS course covered topics such as Anacostia River restoration efforts, environmental justice, urban agriculture, the federal Farm Bill, and how to be an effective advocate.

—Keisha Sedlacek
Federal Director
Chesapeake Bay Foundation

Fall 2023

Bay Clean‑Up Efforts Could See Modest Budget Increases

Although the final fiscal year 2024 budget will be delayed, important Bay restoration initiatives could see modest funding increases if the fiscal 2024 spending bills the congressional appropriations committees passed over the summer are any indication. The Senate Appropriations Committee unanimously approved legislation that would increase funding for the EPA-led Chesapeake Bay Program next year from $92 million to $93.5 million. The bill would also raise spending on the Chesapeake Watershed Investment Landscape Defense (WILD) grant program, which the Department of Interior runs, from $8 million to $8.5 million.

The House Appropriations Committee approved legislation on a party-line vote that would spare the Bay Program and Chesapeake WILD grants from the deep budget cuts seen to other programs. In their bills to fund agricultural programs next year, the House and Senate Appropriations Committees expressed continued support for directing conservation funds to restoring priority watershed in the Bay states. The House panel’s bill also includes a provision inserted by Representative Andy Harris (R-MD) to help watermen expand the market for wild-caught blue catfish, an invasive species wreaking havoc on Bay fisheries.

Five Farm Bill Reforms Would Help Reduce Runoff

Bay-state senators and representatives introduced legislation in August outlining five policy changes Congress can make in the next Farm Bill to boost Bay cleanup efforts. Nutrient runoff from farmland is the leading cause of poor water quality in the Bay and its tributaries. Reauthorization this year of Farm Bill conservation programs offers the biggest opportunity to tackle the problem.

The bill, titled the Chesapeake Bay Conservation Acceleration Act, would direct more conservation funds to farmers in the watershed, make those funds more accessible to farmers, help more landowners plant forested buffers, train more technical assistance providers, and help watermen create a market for wild-caught blue catfish.

The bill is cosponsored by Senators Ben Cardin (D-MD), Bob Casey (D-PA), Mark Warner (D-VA), Tim Kaine (D-VA), Chris Van Hollen (D-MD), and John Fetterman (D-PA), and Representatives Rob Wittman (R-VA), Abigail Spanberger (D-VA), John Sarbanes (D-MD), and Bobby Scott (D-VA).

Bill Would Expand Recreational and Educational Opportunities in Region

Leaders of the Bay states’ congressional delegation also introduced legislation to expand public access to outdoor recreation and learning opportunities in the Bay region. Spearheaded by Senator Chris Van Hollen (D-MD) and Representatives John Sarbanes (D-MD) and Rob Wittman (R-VA), the bill would connect four important sites around the Bay by designating them part of a unified Chesapeake National Recreation Area (CNRA) administered by the National Park Service.

The Park Service could add more sites later, but only from willing landowners on a voluntary basis. The CNRA designation would direct more federal money to these sites; highlight their historical, cultural, and economic significance; enhance conservation; and increase outdoor recreation opportunities, particularly for underserved communities.

—Keisha Sedlacek
Federal Director
Chesapeake Bay Foundation

Summer 2023

Bay Leaders Introduce Bay-Friendly Bills Before August Recess

Ahead of their month-long August recess, Congressional representatives from our watershed took the lead to introduce multiple bills to support Bay priorities. CBF is eager to build support and urge movement on these bills once Congress returns from recess.

Senator Van Hollen and Representative Sarbanes introduced a bill on July 27 to designate the Chesapeake National Recreation Area (CNRA), in an aim to create a unified collection of public lands in the Chesapeake watershed as a unit under the National Park Service. The CNRA would increase both the quantity and quality of public access sites around the Bay, fostering connections between the people and the waterways and wildlife. By inviting both Bay residents and visitors to experience and engage with the Chesapeake Bay and the restoration efforts, the CNRA will build upon the National Park Service’s legacy of preservation, conservation, and stewardship.

Bay leaders in both the House and Senate introduced the Chesapeake Bay Science, Education, and Ecosystem Enhancement Act (SEEE Act), which would reauthorize NOAA’s Chesapeake Bay Office, a key leader in Bay fisheries, environmental literacy, climate resiliency, and habitat work. This bill directs NOAA to leverage partnerships to promote monitoring and restoration activities. The SEEE Act also authorizes the Chesapeake Bay Watershed Education and Training (B-WET) program, which awards funding to Bay environmental and outdoor education programming. Highlighting the wide support for this legislation, the following Bay representatives are co-sponsors: Representatives Sarbanes (MD), Scott (VA), Wittman (VA), and Kiggans (VA) and Senators Manchin (WV), Warner (VA), Kaine (VA), Cardin (MD), Van Hollen (MD), Casey (PA), and Fetterman (PA).

In May, Senator Cardin led the introduction of a bipartisan bill to authorize the U.S. Fish and Wildlife Coastal Program, focusing habitat conservation in priority areas including the Chesapeake Bay. The Coastal Habitat Conservation Act of 2023 aims to combat increasing pressures, from climate change to development, that challenge coastal communities and habitats. The House version of the bill was introduced by Rep. Huffman (CA). CBF is proud to endorse this bill as we continue to build capacity to address threats to Bay communities and wildlife.

Federal Budget Process Spares Key Bay Programs

The House and Senate Appropriations Committees are working tirelessly to pass the fiscal year 2024 spending bills before the September 30 deadline. While the spending bills have overall received major slashes, key Chesapeake Bay funding priorities have been spared so far.

The House Appropriations Committee’s Interior-Environment spending bill maintains EPA’s Chesapeake Bay Program funding at $92 million, while Senate Appropriations has boosted funding to $93.5 million. Robust funding is essential for the program to lead the federal-state-local government partnership in Bay restoration goals for 2025 and beyond. The current version of the House bill would again fund the Chesapeake Watershed Investments for Landscape Defense Program (WILD), which will provide grant funding for projects to restore water quality and wildlife habitat across the watershed, at $8 million, while the Senate gives a slight boost to $8.5 million.

Both the House and Senate appropriators recognized the critical importance of the Chesapeake Bay States’ Partnership Initiative (C-SPI) and encouraged the U.S. Department of Agriculture to leverage funding for the program. C-SPI, first administered in May of 2022, directs additional funding to Bay watershed farmers to help them adopt conservation practices that improve water quality in the Bay and its tributaries.

The House and Senate Appropriations Committees must reconcile the differences between their spending bills before the end of fiscal year 2023 ends on September 30 in order to fund the Federal government, including all the key Bay priorities. They are far from making that deadline and will have a lot of work to do when they return to D.C. in September.

Big Step for a Bay-Friendly Farm Bill

Passed every five years or so, the Farm Bill is a critical piece of legislation that has far-reaching impacts on our communities, the way food is grown, and the health of our waterways. The most cost-effective way to reduce pollution to local rivers, streams, and the Chesapeake Bay is to use agricultural best management practices, many of which are funded through Farm Bill programs. A new Farm Bill must be passed by September 30 and CBF is ensuring that Bay farmers will have the funding and support they need to implement pollution-reducing practices on their land.

Before going on August recess, a bipartisan and bicameral bill that packages together our top five Bay-friendly Farm Bill changes was introduced. The Chesapeake Bay Conservation Acceleration Act is critical to getting our priorities into the Farm Bill. To maximize benefits from federal conservation programs, support our farmers, and meet our water quality goals, CBF will continue working with Bay representatives and partners to pass a Bay-friendly Farm Bill.

—Keisha Sedlacek
Federal Director
Chesapeake Bay Foundation

Spring 2023

CBF Outlines Policy Priorities for a More Bay-Friendly 2023 Farm Bill

The Federal Affairs Office is busy on Capitol Hill sharing its priorities for making the next Farm Bill more Bay-friendly. Agriculture is the leading source of pollution in the Bay and its tributaries. Farm Bill conservation programs that promote water quality are essential to restoring them. They also help ensure healthy soil for farmers, make farms more resilient, and boost the local economy.

To make the most of these programs, CBF advocates for funding increases and policy changes that would allow more Bay-region farmers to participate and encourage farmers to adopt conservation practices, like planting streamside buffers and fencing livestock out of streams, that deliver the biggest water-quality improvements for the money. Other CBF priorities for the 2023 Farm Bill include training more conservation experts to provide technical assistance to farmers and increasing support for historically underserved farmers such as beginning farmers, veterans, and farmers in socially disadvantaged groups that historically have been subject to discrimination by the United States Department of Agriculture (USDA).

Congress updates the Farm Bill roughly every five years. Current Farm Bill programs, which were authorized in 2018, are set to expire on September 30 unless Congress acts.

Fiscal 2024 Biden Budget Would Increase Technical Assistance to Farmers

President Biden's budget request for fiscal year 2024 would increase spending to provide farmers with technical assistance to implement conservation practices from the current level of $941 million to $1.02 billion in fiscal year 2024. President Biden submitted his budget to Congress on March 9. Although a divided Congress is unlikely to adopt the president's budget numbers, the proposed increase indicates this is a priority for the White House.

Lack of adequate technical assistance is a chronic problem for farmers in the Bay watershed states. Pennsylvania, which has the most pollution from agriculture to reduce, receives roughly half the national average for technical assistance funding, according to USDA figures. Getting more trained experts in the field directly helping farmers in this region makes it more likely the conservation practices they implement will be successful cleaning up local waterways and the Bay.

Settlement Proposed in Lawsuit against EPA for Pennsylvania Pollution

On April 20, a proposed settlement agreement was announced in the 2020 lawsuit against the U.S. Environmental Protection Agency (EPA) for its failure to require Pennsylvania to develop and implement a plan to meet its commitments to reduce pollution under the Chesapeake Clean Water Blueprint.

The lawsuit was brought against EPA during the Trump Administration by CBF and its partners, including Anne Arundel County, the Maryland Watermen's Association, and Robert Whitescarver and Jeanne Hoffman, and was combined with a similar suit filed by the Attorneys General for Delaware, Maryland, the District of Columbia, and Virginia.

The proposed settlement requires EPA to, among other things, look for ways to reduce pollution from agriculture—Pennsylvania's biggest polluting source—and stormwater polluted runoff form urban and suburban land. EPA also commits to increase compliance and enforcement efforts. The public has 30 days to comment on the proposed settlement before it can be finalized.

—Keisha Sedlacek
Federal Director
Chesapeake Bay Foundation

Winter 2022

Report: Helping Farmers Improve Water Quality Also Helps Local Economies

A new CBF report details the economic benefits of helping farmers implement the pollution reduction practices needed to restore the Bay and its tributaries. The report, Agricultural Conservation Practices: Clean Water and Climate Smart Investments, found that fully funding practices like planting forested buffers or fencing livestock out of streams would pump $655 million annually into the Bay region’s economy and support 6,673 jobs annually through 2025. It also calculated that for every dollar invested in farm conservation practices that improve water quality, local businesses and workers would see $1.75 in returns through greater sales of goods and services and higher earnings.

Released in November, the report will help the Federal Office advocate for Bay states to get a significant share of the $20 billion increase for conservation programs in the Inflation Reduction Act Congress passed in August. It will also help make a strong case for Congress to boost federal investment in Bay region farmers in the 2023 Farm Bill. Roughly 90 percent of the pollution cuts the six states still need to make must come from agriculture. Conservation practices are often the most cost effective way to reduce polluted runoff from farmland

Supreme Court Hears Wetlands Case that Could Derail the Bay Cleanup

The U.S. Supreme Court heard oral arguments in October in a case with serious implications for the effort to restore the Bay and its rivers and streams. Sackett v. EPA involves an Idaho couple sanctioned by EPA for filling in wetlands on their property without a permit. At issue is which waters are protected by the federal government under the Clean Water Act and which are not.

The Sacketts and their allies support a narrow reading of the law that would prevent EPA from safeguarding several types of wetlands and small waterways essential to cleaning up and protecting the Bay ecosystem. CBF and other environmental groups filed an amicus curiae brief in the case arguing that the Sacketts’ “backward interpretation” of the Clean Water Act would undermine the law’s intent and ignores scientific facts. Restoring and protecting wetlands is important to the Bay cleanup because they are natural filters, trapping polluted runoff from farms, suburban housing developments, and city streets before it can reach waterways that empty into the Bay. A ruling in the case is not expected for several months.

CBF Calls for Nature-Based Solutions to Address Coastal Climate Change

The Federal Office urged the Biden administration to incorporate living shorelines, restored oyster reefs, and other nature based approaches into its plan for mitigating and adapting to climate change effects on our coasts. Using natural materials like native plants often costs less than installing wooden bulkheads, rock walls, and other harden structures. Natural materials also can absorb wave energy, improve water quality, and provide habitat for fish and wildlife, in addition to helping to mitigate the impacts of rising seas and more intense storms.

CBF also stressed the importance of protecting disadvantaged communities, which are more likely to live in areas threatened by climate change but often lack the funds to relocate or improve their resiliency to its effects. CBF made its recommendations in comments submitted to the White House in November.

—Keisha Sedlacek
Interim Federal Affairs Executive Director
Chesapeake Bay Foundation

Fall 2022

Historic Funding for Farm Conservation Will Boost Bay Restoration

The climate and clean energy legislation enacted in August includes more than $20 billion for farm conservation practices that improve water quality and soil health, sequester carbon, and reduce greenhouse gases. The increase represents the largest federal investment in agriculture conservation in a generation.

While the extra money will boost conservation programs open to farmers nationwide, it represents an excellent opportunity for the U.S. Department of Agriculture to ramp up the financial and technical support it provides to farmers in the Bay's six-state watershed.

Farmers across the Chesapeake region must come up with roughly 90 percent of the remaining pollution cuts needed to restore the health of the Bay and its tributaries. Adopting practices such as planting forested buffers and cover crops also will enable farmers to help fight climate change and mitigate its effects on their farms and throughout the Bay area.

Supreme Court Narrows EPA Climate Change Authority

The Supreme Court narrowed EPA's ability to regulate greenhouse gas (GHG) emissions in a June 30 decision. The decision could also tie the agency's hands when drafting future environmental protections important to fighting climate change and restoring the Bay.

The court ruled in West Virginia v. EPA that EPA lacked the authority to require fossil fuel-fired power plants to switch to clean energy sources to meet new GHG emissions limits. But the decision still leaves room for EPA to act on its duty to tackle carbon emissions from power plants. Because one-third of nitrogen pollution in the Bay and its tributaries comes from the air, reducing these emissions is essential to saving this national treature.

Curbing GHG emissions is also vital to combating the effects of climate change already wreaking havoc in the region, like rising seas and more frequent, intense flooding. The Federal Office is urging EPA to issue a new rule to cut power plant carbon emissions as soon as possible.

House Boosts Funding for Priority Programs in Fiscal Year 2023

The House of Representatives recently approved increased investments for critical clean water programs as part of the fiscal year 2023 appropriations process. These programs will bring us closer to reaching the pollution reductions outlined in the Chesapeake Clean Water Blueprint and increased funding is critical.

The House approved budget includes a $4 million increase to the EPA Chesapeake Bay Program, the federal-state-local partnership dedicated to restoring the Bay and its tributaries. This would boost the Bay Program’s budget to $92 million, an increase over the current spending level of $88 million. This is supplemented by the additional $47.6 million annually, provided by the Infrastructure Investment and Jobs Act.

The House also approved a $1.02 billion for the U.S. Department of Agriculture Conservation Programs, a welcome increase from the $760 million allocated in the FY22 budget. This funding supports the agricultural community in implementing conservation practices that improve water quality, reduce greenhouse gas emissions, and build climate resilience. CBF has also encouraged that additional conservation assistance funding be directed to Pennsylvania to address critical conservation needs and backlogs.

In another win, the bill appropriated $15 million for the Chesapeake Watershed Investments for Landscape Defense (WILD) program. The competitive grant program was created in October 2020 to support local efforts to conserve wetlands, reduce water pollution, and restore fish and wildlife habitat, but it was only funded at $4 million in FY22. With a boost to $15 million, this program will allow local partners increase their on-the-ground work in restoring habitats and more!

Finally, $3.5 million for the Army Corps of engineers to carry out large-scale oyster restoration projects across the watershed was included in the House bill. This is critical in order to meet the Bay Agreement's goal of restoring native oyster populations in the 11 Bay tributaries by 2025. Oysters filter algae, sediment, and other pollutants from our waters, while also providing habitat for fish, crabs, and other Bay species. CBF and partners across the watershed have made significant progress in restoring the once booming oyster populations to tributaries around the watershed, and this funding is essential to continuing the efforts to restore this iconic species to our waters.

Over the next couple of months, the Senate will prepare its version of the appropriations bill. This must be completed by September 30 in order to pass final FY23 funding package for these key programs.

—Keisha Sedlacek
Interim Federal Affairs Executive Director
Chesapeake Bay Foundation

Spring 2022

Federal Budget Includes Increases for Priority Programs

The $1.5 trillion omnibus package that set final fiscal year 2022 spending levels for the federal government increased funding for three programs integral to restoring the Bay, its tributaries, and wildlife habitat across the watershed. Although fiscal year 2022 began last October 1, federal agencies had to continue operating under their fiscal year 2021 budgets until the omnibus was enacted in March.

The measure raised funding for EPA's Chesapeake Bay Program, which coordinates the federal-state-local clean-up effort, from $87.5 million in fiscal year 2021 to $88 million for fiscal year 2022. President Biden's fiscal year 2023 budget request would boost that to $90.6 million. The fiscal year 2022 omnibus also bumped up spending on technical assistance for farmers enrolled in federal conservation programs from $734 in fiscal year 2021 to $760 million for fiscal year 2022. Biden's budget would boost the amount to $885 million in fiscal year 2023. A portion of the technical assistance funds helps watershed farmers adopt practices that reduce polluted runoff into the Bay and the local streams and rivers that feed into it.

In another win, the omnibus appropriated $4 million for the new Chesapeake Watershed Investments for Landscape Defense (WILD) program. Created in 2020 but not funded in fiscal 2021, the program will support local efforts to conserve and restore fish and wildlife habitat.

Report Highlights Benefits of Farm Conservation Practices

CBF released a new report, Farm Forward, that details the multiple benefits of conservation practices essential to cleaning up the Bay. CBF wants the Biden administration to dramatically increase funds for federal farm conservation programs. Agriculture must make roughly 80 percent of the pollution cuts still needed to restore the Bay. These programs provide financial and technical help to farmers who adopt practices, such as planting forested buffers along waterways, that keep polluted runoff out of the Bay and its tributaries. Farm Forward bolsters the case for spending more on conservation programs by explaining how these practices also fight climate change, improve soil health, spur local economies, and boost farmers' bottom lines.

CBF Supports Interim Wetlands Definition

CBF filed comments supporting the Biden administration's proposal to repeal its predecessor's dangerously narrow definition of wetlands protected under the Clean Water Act and temporarily replace it with an updated version of the stronger definition used before 2015. While CBF considers the temporary definition a good first step, we called on the administration to do more to ensure strong federal protections for ecologically important wetlands in the Bay watershed. CBF also urged the administration to thoroughly consider how the new definition it ultimately writes would affect socially under-resourced communities already overburdened by the effects of wetlands loss.

—Denise Stranko
Federal Affairs Executive Director
Chesapeake Bay Foundation

Fall 2021

Encouraging Start for Federal Budget

Fiscal year 2022 spending bills moving through the U.S. House of Representatives include encouraging funding levels for several CBF priorities. EPA’s Chesapeake Bay Program would see a $3 million increase, from $87.5 million this year to $90.5 million in fiscal 2022. Such robust funding is essential for the program to lead the federal-state-local government partnership in meeting its 2025 deadline for adopting practices to improve water quality in the Bay and its waterways. The Interior Department would get $15 million for the new Chesapeake Watershed Investments for Landscape Defense Program, which will provide grant funding for projects to restore water quality and wildlife habitat across the watershed. Funding for National Oceanic and Atmospheric Administration (NOAA) regional environmental education programs next year would rise to $12 million from $7.75 million currently. The Chesapeake Bay Watershed Education and Training Program is funded through this account. NOAA’s habitat conservation program, which helps support oyster restoration in the watershed, would see its budget increase from $57.6 million this year to $61.5 million in fiscal 2022. The U.S. Army Corps of Engineers would be allocated $3.9 million next year for its oyster recovery work, in line with President Biden’s fiscal 2022 budget.

Senate Infrastructure Bill Has Big Boost for Bay Restoration

The Senate’s bipartisan infrastructure bill would boost the yearly budget of EPA’s Chesapeake Bay Program by $238 million over five years, or $47.6 million annually from fiscal year 2022 through 2027. That increase would come on top of the program’s annual appropriation from Congress. If the House accepts this bump-up and the Senate accepts the House’s $90.5 million appropriation for next year, the program’s budget would soar from $87.5 million currently to $135.1 million in fiscal 2022.

Stricter Limits Proposed

The Biden administration proposed new limits on vehicle greenhouse gas emissions and fuel economy requirements that are an improvement over the dramatically weaker standards the Trump administration proposed last year but not as protective as the original Obama administration standards. Vehicles that burn less gasoline and emit fewer pollutants and greenhouse gases are key to addressing climate change and reducing nitrogen pollution in the Bay watershed. CBF is urging the White House to strengthen its current proposal, which covers new cars, SUVs, and pickup trucks made between 2023 and 2026, as well as propose even more ambitious standards for vehicles manufactured after 2026.

—Denise Stranko
Federal Affairs Executive Director
Chesapeake Bay Foundation

Fall/Winter 2020

Aid for the Bay’s Seafood Industry

The Federal Affairs Office has been deeply engaged in securing aid for the Bay’s struggling seafood industry, which is still reeling from the widespread closure of restaurants, seafood markets, and processing houses due to COVID-19. CBF, the Chesapeake Oyster Alliance, and our congressional partners in Congress successfully advocated for the U.S. Department of Agriculture (USDA) to make shellfish aquaculture eligible for pandemic aid after it initially excluded growers from all USDA relief programs. CBF and Alliance members continue to work with the Bay delegation in Congress to increase aid to the watershed’s seafood industry in a future relief bill as the aid package enacted in March allotted less than $10 million to seafood producers in Delaware, Maryland, and Virginia.

Fighting for the Bay in Federal Court

CBF attorneys are busy fighting dangerous new Trump administration environmental rules that threaten the Bay watershed. CBF joined with Maryland-based nonprofit ShoreRivers on April 27 to sue the Environmental Protection Agency over its restrictive new definition of Waters of the United States (WOTUS). The rule canceled protections for many wetlands and streams essential to restoring the health of the Bay and its waterways by the Chesapeake Clean Water Blueprint’s 2025 deadline. CBF is also part of a 12-group coalition that sued the administration on May 27 for dramatically weakening clean car and fuel economy standards vital to cleaning up the watershed and protecting it from climate change. And on June 19, CBF and 22 allied organizations sued EPA for gutting the legal basis for successful limits on mercury and other toxic chemical emissions from coal- and oilfired power plants.

New Rules Undermine Environmental Magna Carta

CBF is considering all options to oppose the Trump administration’s assault on a law known as the Magna Carta of the environmental movement, the National Environmental Policy Act (NEPA). Enacted in 1970, NEPA is the only law that expressly requires the federal government to get citizen input on how major projects that require a federal permit, such as construction of a highway or dam, would affect the local environment. The new rules the White House released on July 15 undermine the law’s fundamental purposes of ensuring the government weighs the environmental consequences of major actions it approves, considers less harmful alternatives, and involves members of the public in the process. Gutting these protections will be especially harmful to low-income and minority communities that often lack the financial means and political clout to protect themselves from polluting projects.

—Jason Rano
Federal Executive Director
Chesapeake Bay Foundation

Spring 2020

During these trying times, CBF continues to advocate for the Bay

While CBF’s offices are closed to keep staff safe during the COVID-19 pandemic, our work in Washington, D.C., continues in earnest. In fact, our focus on protecting the Bay and ensuring the people who live, work, and enjoy our national treasure can do so long into the future has never been more important. Over the past few months, we have held the administration accountable for regulatory rollbacks that would harm the health of the Bay, pushed Congress to fund critical restoration programs, and championed legislation to benefit the Bay.

U.S. Congress

Coronavirus Response

Congress has taken significant actions to respond to the coronavirus crisis and discussions continue about further aid packages. CBF is working with Congressional leadership and members of the Congressional Bay delegation to ensure that future aid and recovery legislation protects the Chesapeake Bay watershed’s economy, helps restore the Bay, and provides and supports employment throughout the watershed.

Our priorities include ensuring

• investments in green infrastructure and other tools to reduce pollution flowing into our waterways;
• access to important recovery funds and markets like food banks and other food emergency programs for farmers and shellfish growers;
• and installation of conservation practices to supports jobs and limit pollution across the watershed.

Support for the Chesapeake Bay Program

Key to a restored Bay is the Chesapeake Bay Program—a partnership between the federal government, the six Bay watershed states, and the District of Columbia. The Chesapeake Bay Program provides vital grants and funding and runs programs to ensure states are making progress in their restoration commitments. To demonstrate Congress’s continued bipartisan commitment to a restored Bay, the House and Senate have passed legislation to reauthorize the Chesapeake Bay Program. While Congress has continued to fund the Program since the last authorization expired in 2005, it is important that as the 2025 deadline to implement pollution controls quickly approaches, Congress demonstrate its continued bipartisan commitment to a restored Bay by updating the legislation.

The Senate began 2020 by passing the America’s Conservation Enhancement Act, a package of conservation bills that includes language to renew the Chesapeake Bay Program. In early February, the House also acted in a bipartisan manner to reauthorize the Bay Program by passing a bill sponsored by Rep. Elaine Luria (VA-2). While these legislative efforts are temporarily on hold, CBF continues to work with members of Congress to reinvigorate this critical program and ensure the federal government remains committed to providing essential funding to meet the goals of the Chesapeake Clean Water Blueprint for restoring the Bay and more than 111,000 miles of local creeks, streams, and rivers in its watershed.

Funding for Chesapeake Bay Restoration Priorities

On February 10, President Trump released his proposed budget for fiscal year 2021, which will begin on October 1, 2020. Congress ultimately is responsible for setting annual spending levels for the federal government, and CBF is working closely with the watershed delegation to ensure Chesapeake Bay priorities continue to be funded, including the EPA’s Chesapeake Bay Program , the Army Corps of Engineers oyster restoration initiatives, and the National Oceanic and Atmospheric Administration’s Fisheries and Watershed education programs.

Increasing Effectiveness of Conservation Practices

Before Congress narrowed its focus to coronavirus response and recovery, CBF worked closely with members of Congress on the Farmer Driven Conservation Outcomes Act, a bipartisan bill introduced by Senators Bob Casey (D-PA) and Shelley Moore Capito (R-WV) and Reps. G.T. Thompson (R-PA) and Marcia Fudge (D-OH) in March. This bill would assess the effectiveness of agricultural conservation practices and provide guidance on how to improve implementation to achieve the best possible conservation results. We are proud to support this legislation and will continue to work with members to pass this bill.

The Administration

While the country has been focused on the coronavirus pandemic, the administration has been working to roll back key environmental regulations, eliminating decades of progress for clean air and clean water. CBF remains focused on these rollbacks and is working tirelessly to protect the Bay by submitting comments and engaging with the administration.

Clean Water Rollbacks

The Trump Administration on January 23 unveiled a new rule that slashes protections for wetlands and waterways that are essential to restoring the Chesapeake Bay. The administration’s new definition of ‘Waters of the United States’ that would be protected under the Clean Water Act excludes certain types of wetlands and streams that only flow after heavy rains or snow. It also leaves out waters and wetlands that cross state borders. This new definition would have watershed-wide impacts to the health and restoration of the Chesapeake Bay. CBF sued the administration on April 27 to stop the new definition from taking effect.

Clean Air Rollbacks

This spring, the EPA finalized two rules that jeopardize our air and could impact restoration progress in the Bay. On March 31, EPA announced a rule that threatens to accelerate the damaging effects of climate change by weakening greenhouse gas emissions and fuel economy standards for cars, pickup trucks, and SUVs. Just a few weeks later, the EPA announced it no longer finds it ‘appropriate and necessary’ to limit toxic mercury air emissions from coal and oil-fired power plants. CBF engaged on both rules, as they will drive up emissions of air pollutants, threatening the Bay and the people that live in the watershed.

Limiting the Role of Citizens and Science in Rulemaking

In January, the Council on Environmental Quality (part of the federal government) proposed sweeping changes that would undermine the National Environmental Policy Act (NEPA), the nation’s bedrock environmental law. The proposal would exclude climate change from the impacts federal agencies must consider when evaluating major federal actions. It also calls for limiting citizens’, participation in the process of reviewing major government projects, such as highways and the construction of oil and natural gas pipelines. CBF submitted comments detailing its objections to this proposed rule on March 10 , alongside over 2,000 CBF members and supporters.

On March 18th, the EPA announced an update to its pending ‘secret science’ proposal that would restrict the types of science the agency can consider when developing regulations that are meant to protect the environment and our health—including disallowing scientific studies that don’t reveal underlying data, such as the identity of participants. Scientific studies, especially those around public health, are designed to protect the identity of participants to ensure their privacy. CBF provided comments, alongside over 12,000 CBF members and supporters.

Implementation of the 2018 Farm Bill

The 2018 Farm Bill made legislative changes to several U.S. Department of Agriculture (USDA) programs that help farmers adopt conservation practices that improve water quality in the watershed. The agency has been developing interim regulations to implement the 2018 Farm Bill over the last year, and CBF has been tracking and commenting on those proposals and working with members of Congress to ensure USDA is following the legislative intent.

For example, in February 2020, the USDA issued an interim rule detailing how USDA should implement changes to the Conservation Reserve Enhancement Program (CREP), which is the main source of funding and technical assistance for farmers to install forested stream buffers. The 2018 Farm Bill directed USDA to ensure farmers are adequately compensated for installing and maintaining forested buffers, including a requirement that CREP cover up to 100 percent of the cost of maintaining forested stream buffers once they have been created. Unfortunately, the rule issued by the USDA simply restated their current policies. CBF submitted comments outlining where the rule needs improvement.

On May 12th, CBF submitted comments on the USDA’s interim rule to implement the Regional Conservation Partnership Program (RCPP) that promotes partner-driven agricultural conservation practices. Here again there are inconsistencies between the legislation and the interim rule, particularly around reporting by USDA and the administrative burdens placed on partners.

—Jason Rano
Federal Executive Director
Chesapeake Bay Foundation

Spring 2020

COVID-19

CBF has objected forcefully to EPA pursuing its regulatory rollback agenda despite the upheaval caused by the COVID-19 pandemic. To safeguard citizens’ right to comment on regulations affecting the Chesapeake Bay and its waterways, CBF urged the Trump administration in a March 23 letter to extend the comment period for all federal regulations not related to COVID-19 until the president lifts the emergency declaration he issued on March 13. EPA hasn’t relented so CBF continues to file comments and engage members to make their voices heard.

In a separate letter to EPA dated March 31, CBF expressed deep concern about the environmental and public health risks of the agency’s decision not to pursue enforcement against permit- holders that claim they cannot comply with their legal obligations because of the COVID-19 emergency especially when there is potential harm to human health. CBF specifically noted the danger of not requiring permit-holders to notify the public when they fail to meet their permit requirements.

Standing up for Clean Air

The Trump administration dramatically weakened federal efforts to cut nitrogen oxide and greenhouse gas (GHG) emissions fouling the Bay when it released revised rules governing fuel economy and GHG emissions from cars, SUVs, and pickup trucks on March 31. In place of the Obama-era Clean Cars Rule, which required automakers to improve vehicles’ fuel economy and lower their GHG emissions five percent annually through 2026, the new rule requires standards to lighten by just 1.5 percent a year.

CBF is weighing all options to oppose this rule, which threatens to accelerate the damaging effects of climate change on the Bay region and derail states’ progress towards meeting their 2025 goals for reducing nitrogen pollution under the Bay clean-up plan.

Climate Change and the Permitting Process

Equally dangerous is the White House’s proposal to eliminate climate change from the environmental impacts government agencies must consider when issuing permits for large-scale federal infrastructure projects, like building a pipeline or expanding a highway.

The National Environmental Policy Act requires all federal agencies to evaluate how major projects would affect the surrounding environment, consider less harmful alternatives, make this information public, and get citizens’ input before proceeding.

The White House in January proposed limiting the influence of local communities (and organizations like CBF) on permitting decisions, narrowing the possible alternatives agencies can consider and excluding climate change impacts from the environmental consequences agencies must weigh.

Ignoring climate change isn’t an option when the Bay’s 64,000-square-mile watershed is already grappling with its effects. Sea-level rise is claiming Bay islands. More frequent, intense storms regularly flood low-lying coastal cities like Annapolis and Norfolk. CBF submitted comments objecting to this dangerous proposal on March 10.

—Jason Rano
Federal Executive Director
Chesapeake Bay Foundation

Winter 2019

Congress Pushes Back against Cuts to Bay Funding

In a major win for the Bay cleanup effort, Congress reaffirmed its longstanding, bipartisan support for the U.S. Environmental Protection Agency's (EPA) Chesapeake Bay Program in the year-end 2020 budget deal by increasing its funding from $73 million to $85 million.

The $12 million increase comes as a direct rebuke of 90 percent cut President Trump proposed in his budget and reflects the fundamental role the Bay Program plays in restoration efforts. The program is the glue that holds together the federal-state partnership to clean up the Bay by coordinating cross-state collaboration, directing funds to state restoration programs, and providing scientific research, modeling, and monitoring across the watershed.

Congress also approved additional funding to implement conservation practices on farms through the U.S. Department of Agriculture, support oyster restoration projects through the U.S. Army Corps of Engineers, improve public access to the Bay through the National Park Service, and conduct Bay research and educational outreach through the National Oceanic and Atmospheric Administration.

We thank Majority Leader Steny Hoyer, Senators Ben Cardin, Chris Van Hollen, and Shelley Moore Capito, Representatives Dutch Ruppersberger and Matt Cartwright, and members of the House Chesapeake Bay Task Force, led by Representatives Bobby Scott, John Sarbanes, Rob Wittman, and Andy Harris, for their leadership ensuring these critical programs receive additional federal dollars this year.

Fall 2019

Congress Pushes Back against Cuts to Bay Funding

The U.S. House of Representatives sent a loud message reaffirming its longstanding support for the Chesapeake Bay when it rebuffed a budget proposal from the Trump administration that would have gutted spending for critical Bay programs.

In June, the House voted to increase funding for the U.S. Environmental Protection Agency’s (EPA) Chesapeake Bay Program from $73 million to $85 million. It was a direct rebuke of the 90 percent cut proposed by the president’s budget and reflects the fundamental role the Bay Program plays in restoration efforts. The program is the glue that holds together the federal-state partnership to clean up the Bay by coordinating cross-state collaboration, directing funds to state restoration programs, and providing scientific research, modeling, and monitoring across the watershed.

The House also approved funding to implement conservation practices on farms through the U.S. Department of Agriculture, support oyster restoration projects through the U.S. Army Corps of Engineers, improve public access to the Bay through the National Park Service, and conduct Bay research and educational outreach through the National Oceanic and Atmospheric Administration.

We thank Majority Leader Steny Hoyer and members of the Bay delegation who ensured the passage of these measures and continued Congress’ strong tradition of bipartisan support for the Bay. As the federal budget process moves to the Senate, CBF will continue advocating for the funding necessary to fully meet Bay restoration goals.

Regulatory Rollbacks Threaten the Bay

Rule Repeals Increase Climate, Air, and Water Pollution Risks

In a big blow to national efforts to combat climate change and air pollution, EPA in June finalized its repeal of the Clean Power Plan. The agency replaced the plan with the Affordable Clean Energy rule (ACE), which contains much weaker goals for reducing harmful emissions of carbon dioxide and nitrogen oxides from power plants.

The two pollutants are bad news for the Bay. Roughly a third of the nitrogen pollution in the Bay actually comes from nitrogen oxides in the air, and the weaker standards make it harder to cut this source of pollution. Allowing higher emissions of carbon dioxide will also intensify climate change, which is already causing major problems—like sea level rise—in the Bay watershed.

Unfortunately, the assault on clean air and water continues. We expect the final version of the Safer Affordable Fuel Efficient (SAFE) rule, which will relax fuel efficiency standards for cars and trucks, will also fail to make the reductions in carbon dioxide and nitrogen oxide pollution that are critical for a healthy Bay.

Weakening Endangered Species Protections

As of press time, we expect the U.S. Fish and Wildlife Service to finalize changes to Endangered Species Act regulations that will limit protections for plants and animals at risk of extinction. The changes could allow federal officials to consider economic costs and benefits when determining whether to protect species and their habitats.

The Chesapeake Bay and its 64,000-square-mile watershed provide critical habitat to 113 animals and 46 plants protected by the act. Those animals include the Atlantic sturgeon, several species of freshwater mussels, and the leatherback sea turtle. These animals and plants depend on the Endangered Species Act to protect the clean water and healthy ecosystems that enable their populations to rebound. The protection of these—and other species that have yet to be identified—will now be in jeopardy.

Winter 2018

EPA Backpedals on Regulations

Cleaner air helps make a cleaner Chesapeake Bay. That's why CBF has been fighting proposals by the U.S. Environmental Protection Agency (EPA) to weaken several important air-pollution regulations.

Scientists estimate that about one-third of the nitrogen entering the Chesapeake comes from air pollution, much of it in the form of nitrogen oxides (NOx) from power plants, vehicle exhaust, and agriculture. Combined with nitrogen from wastewater treatment plants and farm and city runoff, nitrogen from the air sparks algae growth in the Bay, and eventually low oxygen. We can't finish the job of saving the Bay without further reducing air pollution.

Federal Clean Air Act laws have helped reduce nitrogen oxides reaching the Bay. The regional plan to clean up the Bay—the Chesapeake Clean Water Blueprint—is counting on EPA to further reduce this type of pollution into the future.

But EPA is backpedaling. It has proposed rolling back numerous environmental regulations. For example, EPA wants to freeze tailpipe emission standards and the Corporate Average Fuel Economy (CAFE) at 2020 levels rather than further reduce vehicle emissions. It also proposed to roll back the Clean Power Plan, the first-ever attempt at limiting carbon pollution from U.S. power plants.

CBF has provided detailed comments to EPA explaining the danger of weakening these and other regulations. Science has clearly established the strong link between clean air and clean water. The Bay has benefitted significantly from steadily stronger clean air regulations. Weaker air laws could mean a dirtier Bay as well as increased respiratory problems for residents.

Find out more about CBF's efforts to pushback on rollbacks.

Congress Negotiating Farm Bill

The Farm Bill provides federal funding to help farmers plant trees along streams and undertake other conservation measures; efforts that are critical to restoring the Bay. Two separate versions of the Farm Bill were passed in the U.S. House and U.S. Senate earlier this year.

Pennsylvania Senator Bob Casey introduced legislative language in the Senate bill to reinvigorate the important Conservation Reserve Enhancement Program (CREP), thereby helping Pennsylvania and the other Bay jurisdictions meet state Chesapeake Bay clean-up goals.

In addition, Maryland Senator Chris Van Hollen introduced amendments to the Regional Conservation Partnership Program (RCPP) that will increase funding and give preference to areas like the Chesapeake Bay that have water-quality problems and help increase program efficiency.

Party leaders are trying to reconcile the House and Senate bills and CBF is hopeful that the Farm Bill will pass during the lame-duck session. If not, we will be ready to advocate for a strong Farm Bill in the 116th Congress.