The Pollution and Restoration of the Chesapeake Bay: A Public Policy Perspective
PUAF 698B
Purpose: To thoroughly discuss and learn the public policy behind the decision-making on the
restoration of the Chesapeake Bay. The public policy and legal, socio-economic and political dynamics
behind decision making in the restoration of the Chesapeake Bay will be thoroughly examined. The
Chesapeake Bay Agreements and the legislative, administrative, and budgetary initiatives to restore the
Bay will be discussed. The structure and effectiveness of Bay clean-up plans, legislation, and funding
will be scrutinized. This course will present students with the opportunity to gain a thorough
understanding of the underlying science and policies guiding efforts to restore America's largest estuary.
Such an understanding can be applied to other environmental efforts throughout North America and the
rest of the world, as the Chesapeake Bay restoration is seen as a broad, major ecosystem restoration of a
fairly large body of water.
Outline of Weekly Discussions:
I. Beginnings and Structure of the Chesapeake Bay Program and Restoration Efforts
A. Introduction to the Bay system and its problems
B. The Interstate Chesapeake Bay Agreements and their implementation
D. Structure of the Bay restoration program
C. The Chesapeake 2000 Bay agreement
D. President Obama Executive Order on Chesapeake Bay Protection and Restoration (2009)
E. The Strategy for Protecting and restoring the Bay under the Obama Executive Order (2010)
F. The establishment of mandatory pollution limits (TMDLs) by the EPA for each Bay state
and the adoption of state Watershed Implementation Plans (WIPs)
II. Implementation of the Chesapeake Bay Agreements
A. Administrative, legislative, and budgetary actions in first three years of formal Bay Program
(1984-1986)
B. Administrative, legislative, and budgetary actions for Bay restoration (1987-1992)
C. Administrative, legislative, and budgetary actions for Bay restoration (1987-1992)
D. Administrative, legislative, and budgetary actions for Bay restoration in the 21st
Century (2000-2011)
E. The Chesapeake 2000 Bay Agreement, progress to date, and consequences of not
meeting 2010 goals; setting of TMDLs and adoption of WIPs
III. Population Growth, Development, and Land Use
A. Past, present, and future trends in land use and population growth around the Bay
B. The development of State legislation to better manage growth and the economic and
environmental basis for development of State land use legislation
C. Land use legislation in Maryland:
1. Early land use laws
2. Voluntary land conservation laws (Program open space, etc.)
3. Critical Area Law (1984)
4. Nontidal Wetlands Act (1989)
5. Forest Conservation Act (1991)
6. 2020 Growth Management Act (1991)–Failed
7. Economic Growth, Resource Protection & Planning Act (1992)
8. Smart Growth Initiatives (1997)
9. Smart Growth Initiatives–Augmented (2001)
10. Smart Growth Refined (2009)
D. Backlash to land use legislation
1. Property Rights Legislation (1991-1992)
2. Constitutional Takings Cases
3. Other impediments to land use and environmental regulation
4. Examination of recent decisions of MD Court of Appeals on Critical Areas and
Legislative responses
IV. Point Source Pollution and Controls
A. Introduction to sewerage treatment and industrial discharge treatment (point sources)
B. Enforcement and compliance issues
C. Litigation and establishment of enhanced nutrient removal at wastewater treatment
plants
D. Funding and implementing enhanced nutrient removal at wastewater treatment plants
E. Funding Enhanced nutrient removal at wastewater treatment plants
1. Pennsylvania and Virginia funding and regulatory issues
2. Maryland Bay Restoration Fund (2004)–The Flush Tax
V. Non-Point Source Pollution and Controls
A. Introduction to nonpoint source pollution
B. Agricultural programs and legislative efforts to mandate best management systems
(1989-1994)–Failed
C. Legislative efforts to mandate best management systems on ag land–enactment of the
Water Quality Improvement Act of1998
D. Efforts to control animal manure pollutants (CAFO and MAFO regulations)
E. Nonpoint urban/suburban runoff–stormwater management and sediment control
F. Atmospheric sources of Bay pollution (air pollution)
VI. Sediment and Toxic Chemicals
A. Sediment
B. Toxic chemicals and the Bay
1. Background, toxic chemicals in 1987 and 2000 Chesapeake Bay Agreements
2. Legislation to restrict/ban specific contaminants: Case studies of legislative
prohibitions on tributyltin (TBT) and carbofuran
3. Integrated pest management to reduce pesticides
C. Status of toxic reduction strategy
VII. Fisheries Management
A. Principles and regulatory structure of fisheries management
B. Case studies in management: rockfish, menhaden, shad, and oysters
C. Removal of dams and other fish-spawning blockages on rivers and streams
VIII. The Future of the Chesapeake Bay: Impediments to Restoration
A. Population growth, development, sprawl and forest destruction,
B. Global warming, sea-level rise, and land subsidence
C. Major funding gaps and gaps in political will
D. Consequences of Failure to Meet Chesapeake 2000 Agreement goals
E. TMDLs, WIPs, and their consequences
IX. Research Paper Presentations
A. Presentation by students
B. Discussion - questions and answers
Attendance at a legislative or other public hearing on a Bay related issue is required.