A major Maryland stormwater pollution permit is violating state and federal clean water laws and threatening people and waterways, according to environmental groups that argued their case today in the Circuit Court for Baltimore County.
For several years while Marylanders have experienced more frequent severe weather and flooding due to climate change, environmental advocates have insisted that Maryland Department of the Environment (MDE)’s 20-SW general industrial stormwater permit is not adequately protecting communities or the Chesapeake Bay.
Today in court, the Chesapeake Legal Alliance (representing Blue Water Baltimore and Gunpowder Riverkeeper), Environmental Integrity Project (representing Waterkeepers Chesapeake and Potomac Riverkeeper Network), and the Chesapeake Bay Foundation (representing itself) argued that the permit fails to address climate change, allows toxic pollutants to reach waterways, and threatens the most vulnerable Marylanders.
Stormwater pollution — the fastest growing source of pollution in Maryland — occurs when rain washes toxic chemicals, oil, grease, and waste that were left on Maryland’s roads, parking lots, and industrial sites into local waterways. When not managed properly, stormwater can cause flooding, safety concerns, and major damage to homes and businesses.
Maryland’s 20-SW general industrial stormwater permit is responsible for reducing pollution at over a thousand sites across the entire state — including manufacturing sites, scrap yards, auto yards, coal handling facilities, and landfills. Yet it fails to:
- Consider the growing threats from climate change despite updated rainfall data demonstrating that storms are more frequent and intense;
- Address environmental justice concerns and protect communities most at risk;
- Require the removal of excess impervious surfaces like roads, parking lots, and sidewalks, and restore them to natural landscapes that better absorb rainfall;
- Create an effective permit limit to restore impaired waterways throughout Maryland, including the Chesapeake Bay.
MDE issued their initial 20-SW permit in Nov. 2022 after a public comment period and extensive concerns from environmental partners. In Dec. 2022, the groups filed an initial challenge and began negotiations with MDE. Several years later, MDE released an updated permit in Feb. 2025 which included little to no improvements. Environmental groups again challenged the legality of the permit in July 2025 and submitted separate briefs in the case. Official arguments were submitted in Dec. 2025 and heard in the Circuit Court for Baltimore County today. The judge is expected to announce a decision in the next several months.
The environmental groups challenging the permit issued the following statements.
Chesapeake Bay Foundation Litigation Staff Attorney Sheronda Rose said:
“This permit is unlawful and leaves Maryland communities and waterways vulnerable to toxic pollutants that threaten public health and harm aquatic life. It relies on decades old precipitation data that does not reflect today’s intense storms. MDE must require permittees to control runoff from these industrial facilities to better protect environmental justice communities and the Chesapeake Bay.”
Chesapeake Legal Alliance Senior Attorney Evan Isaacson said:
“This may be the single most important pollution permit issued by the State of Maryland, given the nature of the pollution on these sites and the total lack of pollution control there compared to most regulated facilities. It is too important for the health of Maryland families and their waterways to let this unlawfully weak permit go unaddressed.”
Abel Russ, Acting Director of Law and Policy for the Environmental Integrity Project, said:
“Industrial stormwater has high concentrations of toxic metals, organic chemicals, and other pollutants, yet Maryland’s permit is very hands-off: Virtually no wastewater treatment is required, and there is very little monitoring, which severely limits transparency and accountability. Maryland has done better with other sectors and can do so here.”
Alice Volpitta, Baltimore Harbor Waterkeeper with Blue Water Baltimore said:
“This one permit covers nearly 300 facilities in the Baltimore region, where communities and waterways are already hit hardest by climate change, chronic disinvestment, and toxic pollution. The consequences of weak standards will have ripple effects, spreading across Maryland with every storm.”
Gunpowder Riverkeeper Theaux Le Gardeur said:
“I am concerned that over the past five years in the Gunpowder, Bush, and Middle River areas, only 26 of the 119 facilities with industrial stormwater permits have been visited by a state inspector. This gap in inspections is akin to a ‘see no evil’ stance by MDE and fails to provide a clear picture to the public as to whether these sites are actually in compliance with permit conditions put in place to protect water quality and communities downstream.”
Robin Broder, Acting Executive Director of Waterkeepers Chesapeake said:
“It’s baffling why Maryland would release a permit that will harm some of our most vulnerable community members. We know that increased rainfall volumes due to climate change super-charges stormwater runoff, leading to serious health impacts in nearby communities. It’s urgent that Maryland’s permit protects public health.”
Betsy Nicholas, President of Potomac Riverkeeper Network said:
“Maryland and federal law require enforceable limits in pollution permits to protect water quality. This permit should not be an exception. If we’ve learned anything over decades, aspiring to address pollution on a case-by-case basis is not practical and has failed the effort to protect Maryland communities and restore the Bay.”
For Information Contact
Valerie DiMarzio, Chesapeake Bay Foundation, vdimarzio@cbf.org, 215-900-5719
Evan Isaacson, Chesapeake Legal Alliance, evan@chesapeakelegal.org, 410-216-9441 x 207
Leanna Frick, Blue Water Baltimore, lfrick@bluewaterbaltimore.org, 301-602-0699
Fritz Schneider, Potomac Riverkeeper Network, fritz@prknetwork.org, 301-728-4811
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