Md. General Assembly passes Clean Water Justice Act

MARYLAND – Environmentalists in Maryland are celebrating the passage of the Clean Water Justice Act.

The legislation restores Marylanders’ right, under state law, to enforce clean water protections against illegal polluters. That ability was greatly reduced under the United States Supreme Court decision, Sackett v. EPA years ago, which narrowed the scope of which waterways are protected by the federal government.

“Where those receded around the country, it then is up to the state law and state regulatory programs to provide those same protections that previously existed under federal law,” said Evan Isaacson, senior attorney, for the Chesapeake Legal Alliance.

Issacson says while Maryland already has robust water protections, the new legislation is an added layer of protection.

“What the new legislation does is provide Marylanders with the same right to go to federal court to indicate their right under the Clean Water Act, that they previously had in federal court.”

With Maryland’s new law, advocates are hoping that more folks will be encouraged to think twice about water quality. Choptank Riverkeeper, Matt Pluta, says that’s especially important on the Eastern Shore, which is home to many waterways.

“These streams and wetlands are active mostly after rain events. And, because of their function to collect and treat that water before it gets into the navigable waterways, the Eastern Shore is a really important landscape to have this protection,” Pluta said. “It’s going to be more of a community enforcement effort to help make sure that these waterways are contributing to good water quality, and not bad water quality.”

The legislation does come with a price tag, however. General fund expenditures for the Maryland Department of the Environment may increase by $86,400 for Fiscal Year 2025.

With Governor Wes Moore’s signature, the bill will go into effect on October 1st.