To protect communities and waterways from toxic polluted runoff in Baltimore County, the Chesapeake Bay Foundation (CBF) and several concerned residents filed a legal challenge against developers of the 53-acre Middle River Depot property. The lawsuit was filed against developers Eastern Boulevard LLC and TKG III Middle River LLC in the Circuit Court of Maryland for Baltimore County on March 20.
Developers have already graded the site with heavy equipment and are preparing for further work. However, neighbors have observed continuous pollution running off from the site into a nearby creek and Middle River, which has experienced a major die-off of underwater grasses in recent years.
In the complaint, residents allege developers are violating sediment and erosion control rules, and operating without an adequate stormwater management plan. Residents of the adjacent trailer parks and neighborhoods are seeking relief against these violations, as they raise concerns for environmental health, public safety, environmental justice, stormwater management, and potential release of hazardous materials.
“Progress shouldn't require destroying something to make it better,” said Paul Treash, a plaintiff in the complaint and Middle River resident of 20 years. “The pollution and runoff this development has caused, and lack of oversight and transparency, needs a solution for the sake of our community, our environment, and our wildlife.”
The Middle River Depot property, formerly the Martin Aircraft plant, could contain harmful toxic chemicals from its industrial history. During World War II, the site was a B-26 bomber production site. Additionally, the former Navy Reserve Industrial Aircraft Plant reported use of polyfluoroalkyl substances (PFAS, or forever chemicals) on the site throughout the 1950s and 60s.
“This site has a long history of toxic uses, yet there is no evidence based on the approvals the developer has received thus far that potential contamination has even been considered,” said Kathleen Gagnon, CBF Litigation Fellow. “Given the close proximity to residents and tributaries of the Chesapeake Bay, this project should not move forward without appropriate controls and relief for nearby communities.”
Various developers have bought and sold the property in recent years. Proposals for the space have included office buildings, a sports complex called “Aviation Station,” and a Walmart Superstore, which faced substantial community push-back in 2017.
Most recently, in 2024 Baltimore County issued a grading permit for the project, and shortly after the Maryland Department of the Environment authorized a general permit for the project’s sediment and erosion control for polluted runoff that could run off the site into Middle River and its tributaries when it rains. CBF and residents fear that these approvals do not adequately protect communities and rivers and streams from toxic pollution.
Portions of the property lie within a Critical Area Buffer and a 100-year floodplain, both of which should require additional development provisions that have yet to be considered. The site is located within hundreds of feet from Frog Mortar Creek, a tributary to the Middle River which flows into the Chesapeake Bay.
Middle River has been historically impaired with metals, nutrients, and sediments. Since 2022, Middle and Gunpowder Rivers lost roughly 1,500 acres of underwater grasses that provide shallow water habitat for fish and crustaceans. Increased pollution, sediment, and turbidity from the development could threaten this ecosystem even further.
“The ongoing grading of this property that is disturbing an area of more than 1 million square of earth is of particular concern given the nearby proximity of the tributaries of the Bay,” said Stuart Kaplow, an attorney for residents. “Without adequate sediment and erosion control, the grading is having an adverse impact including deleterious effects on water quality.”
The plaintiffs are seeking a declaratory judgment and injunctive relief from the developers to address their many concerns. Allowing the development to continue in violation of local and state laws and regulations sets a dangerous precedent for water quality and the Critical Area Program. Approximately 30 percent of the nearby community is below the federal poverty line and has been disproportionately impacted by environmental hazards due to the industrial history of the area.
Maryland Communications & Media Relations Manager, CBF
[email protected]
443-482-2023
