The U.S. Supreme Court has announced it will not hear a case challenging the Chesapeake Bay Total Maximum Daily Load (TMDL). The decision lets stand a federal appeals court ruling that the U.S. Environmental Protection Agency (EPA) can set pollution limits for the Chesapeake Bay.
EPA issued the TMDL—also known as the Bay “pollution diet”—in 2010, setting limits on the amount of nitrogen, phosphorous and sediment allowed to run into the Bay each year. Watershed Implementation Plans (WIPs) describe the steps each of the seven Bay jurisdictions will take to meet these goals, and are included as commitments in the 2014 Chesapeake Bay Watershed Agreement.
In 2011, the American Farm Bureau Federation, the Pennsylvania Farm Bureau, the National Association of Home Builders and a number of agricultural trade associations filed suit against the EPA, claiming the federal agency lacked authority to issue the TMDL. Numerous local and national partners intervened in support of the EPA, including the Chesapeake Bay Foundation, Midshore Riverkeeper Conservancy, National Wildlife Federation and others.
In 2013, Pennsylvania Federal Judge Sylvia Rambo upheld the pollution limits, leading plaintiffs to appeal. In 2015, the U.S. Third Circuit Court of Appeals in Philadelphia again upheld the TMDL as legal under the Clean Water Act. And on Monday, the Supreme Court announced it would not review the case, upholding the appellate court decision.
Learn more about the plan to reduce pollution in the Bay on the EPA’s TMDL website.
Salt marshes may be more resilient to the effects of rising sea levels than previously thought, according to a recent study from the Virginia Institute of Marine Science (VIMS).
Climate change is expected to bring a multitude of changes to the Chesapeake Bay region, including a rise in sea levels. As waters rise, marshes and wetlands are predicted to be overcome by water and disappear faster than wetland plants can move to higher ground, meaning a loss of important habitat that traps pollution and provides food and shelter to fish, shellfish and birds.
But the VIMS study suggests that salt marshes—coastal wetlands that are flooded and drained by salt water brought in by tides—may be able to persist through processes that allow the marshes to grow vertically and migrate inland. According to the report, more frequent flooding brings more mud into the salt marsh, raising the soil and encouraging the growth of common marsh plants.
“Predictions of marsh loss appear alarming, but they stem from simple models that don’t simulate the dynamic feedbacks that allow marshes to adapt,” said lead author Matt Kirwan in a release. “Marsh soils actually build much faster as marshes become more flooded.”
The researchers emphasize, however, the importance of allowing salt marshes to migrate inland—and that marshes are unable to migrate into areas blocked by coastal cliffs or hardened shorelines. Nearly 20 percent of the Chesapeake Bay’s shoreline is hardened by riprap, seawalls and other structures.
The study, “Overestimation of marsh vulnerability to sea level rise,” is published in Nature Climate Change.
It’s a cold morning in Chestertown, Maryland—just above freezing. Greg Cole is waiting outside of his silver pickup truck, covered head to toe in camouflage, his bright white beard the only solid color on him. Today is Groundhog Day, but Cole’s not looking for rodents’ shadows; he’s keeping his eyes on the sky looking for an entirely different critter: the Canada goose. Cole is a hunting guide, and today is the second-to-last day of the migratory goose hunting season.
The term “migratory” is key, because Canada geese fall into one of two categories: resident and migratory. Resident geese live permanently in populated areas. They hang around golf courses and other open areas, and they’re considered a nuisance by many because they overgraze areas and generate a lot of waste. Migratory geese look similar to their homebody cousins but lead very different lives: they breed up north in Quebec, migrate to the Bay region in early autumn, stay throughout the winter and return to their breeding grounds in the spring.
Cole’s hopeful for a good hunt today. The waterfowl hunting hasn’t been good this year, he says, “mainly because of the weather.” The warm weather kept the geese from migrating south until later in the season. “This lake,” he says, gesturing to a slow-moving arm of the Chester River about a quarter of a mile away, “I’ve seen it hold as many as 10,000 geese, and this year, there’s probably [been] an average of about 500 geese all through the season.”
Despite this year’s low turnout, the number of breeding pairs has been healthy for the past few years—but that hasn’t always been the case. In the late 1980s, the population of migratory Canada geese in the Atlantic Flyway began to drop dramatically. A mixture of bad weather and overharvesting led to a serious decline in the migratory goose population, so much so that in 1995, Maryland instituted a moratorium on hunting them.
Cole has been a hunting guide almost continuously since 1980 and remembers when the moratorium was first instated. “It was tough to take, when they said we were going to close it down,” he says. “We didn’t know if it was going to be shut down for two years or ten.” The moratorium was set in two-year increments and ultimately lasted six years.
Now Cole guides at a private hunt club of about 30 on Chino Farms, a part of the Grasslands Partnership, which was placed under conservation easement in 2001. At over 5,000 acres, it’s the largest conservation easement in Maryland’s history. It contains a 90-acre waterfowl sanctuary, three miles of shoreline along the Chester River and 600 acres of Delmarva bay, making it a great habitat for rare and endangered plants, Delmarva fox squirrels and other woodland critters. In 2006, the land was designated as an Important Bird Area by Maryland-DC Audubon.
Cole leads us to a nearby field where three club members will be hunting today. His two-year-old Chesapeake Bay retriever, Geena, tags along, anticipating the chance to run our and retrieve birds. There is a group of geese grazing in the field, but as we approach, none of them fly away—in fact, they don’t move at all. These are the decoys used to attract the geese, and this group of about 60 taxidermied Canada geese is pretty convincing. Each is in a different position: some are standing tall starting off in different directions, others are posed to look like they are pecking at the ground.
As we wait, geese begin to fly by; some are in large groups with 20 or 30 geese, while others are smaller with just two or three. Alternating between short blips and longer whines, Cole uses the call, a sort of goose-whistle, hanging around his neck to “speak” their language and convince the geese to fly down towards the decoys “grazing” in the field in front of us.
A half hour passes and still no geese get close. “You know it’s a slow day when the dog goes to sleep,” Cole says, laughing as he looks down at Geena who is lying on the bench, no longer exuding the excitement and anticipation she had been earlier in the day.
Despite today’s silence and this season’s luck, Cole isn’t pessimistic about the future of goose hunting. “The biggest problem this year has been the weather—without a doubt. And I don’t think they had a real good hatch.” In terms of the moratorium, while it shook up hunting on the Eastern Shore, Cole maintains, “It definitely was a success story.”
To view more photos, visit the Chesapeake Bay Program’s Flickr page.
Images and captions by Will Parson
Text by Joan Smedinghoff
Slight decreases in water clarity and dissolved oxygen led the Magothy River in Anne Arundel County, Maryland, to receive a “D” grade for the second year in a row, according to the Magothy River Association. While the river’s health has improved somewhat in recent years, the score of 33 percent remains well below the 80-percent threshold needed for an “A” grade.
The Magothy River Association’s “Magothy River Index” assesses the river’s health according to three indicators: water clarity, dissolved oxygen and underwater grasses. While both water clarity and dissolved oxygen decreased from 2014 to 2015, underwater grasses improved slightly after several years without growth.
Bacteria in the river remained at generally safe levels during the summer of 2015, although the report card stresses that swimming after a rainfall event is not recommended, as heavy rains can wash polluted runoff and pet waste into local waterways.
Since 2003, the Magothy River Association has used scientific data from agencies and volunteer monitors to develop the Magothy River Index. For more information, visit the Magothy River Association’s website.