Support Clean Water Justice Act (Maryland)

Maryland Senate and Maryland House of Delegates

Clean water for drinking, swimming, and fishing should be guaranteed. Unfortunately, the U.S. Supreme Court recently weakened the Clean Water Act (CWA) by removing federal protections for a majority of streams and wetlands.

Now communities rely on state laws more than ever to secure clean water. Fortunately, Maryland already has strong water laws. But unlike at the federal level, in Maryland, there is no right for communities to enforce the state law.

We are calling on Maryland state legislators to ensure that communities maintain their ability to keep their waters safe by passing the Clean Water Justice Act.

The Clean Water Justice Act allows communities harmed by illegal water pollution to enforce Maryland's clean water law. This access to the courts is crucial, because a law is only meaningful when it is enforced.

When community groups bring clean water enforcement actions, which have been some of the most noteworthy, the state often follows, allowing the community groups to work alongside the state to enforce the law.

Community members, and particularly Waterkeepers, have been the eyes and ears on the water. This partnership is a valuable resource for anyone who cares about clean water.

Help us pass the Clean Water Justice Act!

More info at https://waterkeeperschesapeake.org/clean-water-justice-act/

To: Maryland Senate and Maryland House of Delegates
From: [Your Name]

As a Maryland resident, I urge you to support SB653 & HB1101 -- the Clean Water Justice Act. This act allows communities harmed by illegal water pollution to enforce state law. Access to the courts to enforce laws that protect communities from pollution was at the heart of the federal Clean Water Act (CWA). Unfortunately, the U.S. Supreme Court recently removed most streams and wetlands from Clean Water Act protection. Fortunately, Maryland still protects these waterways, but it has no right for communities to enforce state law like under the CWA.

Wetlands and streams are the lungs and kidneys of our landscape – filtering out pollution, keeping drinking water clean, protecting us from flooding and storm surges, and providing billions of dollars in benefits. These aquatic ecosystems are also among the very most valuable biodiverse habitats. Now, the majority of these waterways are only protected by Maryland law. Given our urgent climate and biodiversity crises, we should be doing everything we can to protect these waterways.

The Clean Water Justice Act will:
> Restores a right for impacted community members to enforce the law in state court the same way that they were previously able to do in federal court under the Clean Water Act.
> Give Marylanders the same degree of access to state courts as they have in federal court.
> Repair the threat to Maryland’s critical water resources caused by the U.S. Supreme Court decision.

It’s important to note that the bill does not create a right of judicial review of final agency actions, and does not expand standing beyond that provided by federal courts, essentially restoring the enforcement of clean water laws to what existed before the Supreme Court's ruling.

It is critical that all communities have access to justice. Thank you for your supporting SB653 & HB1101.