40 Years of Chesapeake Bay Restoration: Where We Failed and How to Change Course
For more than half a century, the Chesapeake Bay and many of its tributaries have suffered from poor water quality. Compelled by an executive order and litigation, in 2010, the U.S. Environmental Protection Agency (EPA) issued the Chesapeake Bay total maximum daily load (Bay TMDL) to reduce pollution discharges and thereby restore Bay water quality; unfortunately, the Bay TMDL will fail to meet its 2025 objective. This Article argues it is time for EPA to use the tools granted by Congress in the Clean Water Act (CWA) to reduce pollution, and for the Bay jurisdictions to sign a binding and enforceable Bay agreement to ensure accountability. If CWA authorities and other legal mechanisms are fully utilized, they can achieve Bay restoration.