1. Update on Chesapeake Bay Restoration Issues Briefing to the Water Resources Technical Committee January 8, 2009 Briefing to the Water Resources Technical Committee January 8, 2009

2. WRTC Meeting January 8, 20092 Presentation Overview CBF’s lawsuit against EPA CBF’s lawsuit against EPA Scientists’ Statement Scientists’ Statement Press Attention Press Attention Most Recent Progress Results Most Recent Progress Results Costs Costs

3. WRTC Meeting January 8, 20093 CBF’s Lawsuit Lawsuit filed in U.S. District Court by the Chesapeake Bay Foundation on Monday, January 5 th. Lawsuit filed in U.S. District Court by the Chesapeake Bay Foundation on Monday, January 5 th. –For ‘Failure to Comply with Chesapeake 2000 Agreement’ –Jointly with Bay Watermen associations –Outlines how poor water quality has destroyed fisheries, etc. (i.e., blue crabs, SAV, oysters, Bay fish) –Cites EPA’s failure via a detailed history of missed deadlines (21 pgs. Total) –Focus on ‘Reasonable Assurance’ & Penalties for Failure to Meet Deadlines “…this lawsuit is going to put the restoration of the Chesapeake Bay directly on the desk of the new EPA administrator…” “…this lawsuit is going to put the restoration of the Chesapeake Bay directly on the desk of the new EPA administrator…” –Will Baker, President of CBF

4. WRTC Meeting January 8, 20094 December 8, 2008 Scientists’ Statement Current Bay Program is not working. Current Bay Program is not working. Mandatory enforceable measures needed. Mandatory enforceable measures needed. Axioms for restoring the Bay: Axioms for restoring the Bay: – –Pollution reduction by everyone. – –Change development patterns & no net loss of forest and wetlands. – –Mandatory agricultural pollution controls. – –Stronger fisheries protection. – –Fully implement existing tributary strategies. – –Make the Chesapeake Bay a high priority for funding and enforcement.

5. WRTC Meeting January 8, 20095 Recent Press Attention

6. WRTC Meeting January 8, 20096 Common themes Bay Program is a failure. Bay Program is a failure. More regulation is needed. More regulation is needed. –Development & growth –Farming No mention of costs. No mention of costs. No mention of cost effectiveness. No mention of cost effectiveness.

7. WRTC Meeting January 8, 20097 Goal

8. WRTC Meeting January 8, 20098

9. 9 Costs – the big picture Unfunded gap in 2003 estimated to be $12.8 billion Unfunded gap in 2003 estimated to be $12.8 billion –Just MD, VA, & PA –Costs higher now –Budgets worse Does not include costs to maintain or replace existing infrastructure, which is a huge expense. Does not include costs to maintain or replace existing infrastructure, which is a huge expense.

10. WRTC Meeting January 8, 200910 The challenge according to Jeff Lape… –“…growth and development are the greatest challenge to restoring and protecting the Chesapeake Bay.” Stormwater management and growth appear to be the primary focus of CBF, the Potomac Conservancy, and other groups. Stormwater management and growth appear to be the primary focus of CBF, the Potomac Conservancy, and other groups.

11. WRTC Meeting January 8, 200911

12. WRTC Meeting January 8, 200912 Is growth the biggest challenge to a clean Bay? Increasing numbers of chickens, turkeys, and beef cattle. Increasing numbers of chickens, turkeys, and beef cattle. Declining agricultural acres Declining agricultural acres More animals on smaller farms. More animals on smaller farms. Crops the highest loading land use. Crops the highest loading land use.