Court denies EPA’s attempt to dismiss CLF, CRWA lawsuit on stormwater pollution (PRESS STATEMENT)

FOR IMMEDIATE RELEASE: JULY 20, 2023

BOSTON, MA––This week, a judge denied the U.S. Environmental Protection Agency’s (EPA) motion to dismiss a suit filed by Charles River Watershed Association (CRWA) and Conservation Law Foundation (CLF) that aims to hold EPA accountable for implementing stormwater runoff protections in the Charles, Mystic, and Neponset River watersheds. This announcement is a significant step towards fully realizing the shared goal of clean, fishable, swimmable urban rivers.

CRWA and CLF filed the suit in November 2022 after EPA continually failed to regulate dangerous stormwater runoff in the Charles, Mystic, and Neponset rivers. The suit seeks to curb stormwater pollution from commercial, industrial, and institutional properties, which have an outsized negative impact on river health. Large impervious properties, including big box stores and malls, only make up 20% of the Charles River watershed, yet are the source of up to over 50% of the stormwater pollution. 

“Stormwater pollution is one of the greatest threats to urban rivers, including the Charles––polluted runoff degrades the river ecosystem and can cause rampant invasive species growth, toxic cyanobacteria blooms, and even fish kills. As climate change brings increased precipitation and hotter temperatures like those experienced this month, impacts are only exacerbated. This toxic runoff degrades ecosystems and disrupts or entirely prevents our communities from being able to enjoy these otherwise beautiful natural resources,” says Zeus Smith, CRWA’s Policy Advocate. 

“For years, we attempted collaboration with EPA, requesting that the Agency issue permits to help clean and restore the Charles, Mystic, and Neponset Rivers. This court decision is the victory we needed for clean water in Greater Boston, as it puts EPA on the hook to issue draft permits by September 2024,” says Heather Govern, Vice President of Clean Air and Water at Conservation Law Foundation.

EPA announced almost a year ago that it would exercise its authority under the Clean Water Act to require private properties with large impervious surfaces to clean up their stormwater pollution, but has yet to issue the requisite permits. The suit will now be paused until September 2024 to give EPA the opportunity to issue those permits. 

CONTACT:

Julia Hopkins

Communications & Outreach Manager 

Charles River Watershed Association

(617) 540-5650 x 1071

jhopkins@crwa.org

Charles River

Charles River Watershed Association’s mission is to use science, advocacy, and the law to protect, restore, and enhance the Charles River and its watershed. We develop science-based strategies to increase resilience, protect public health, and promote environmental equity as we confront a changing climate.

https://www.crwa.org
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