WASHINGTON, DC (June 21, 2023) – The Potomac Riverkeeper Network (PRKN) and the Natural Resources Defense Council (NRDC) have taken legal action by filing a lawsuit against the U.S. Navy in federal court in Maryland. The lawsuit alleges that the Navy has violated the Clean Water Act through unpermitted pollution discharges into the Potomac River.
The U.S. Navy utilizes a significant stretch of the Potomac River, located 53 miles south of Washington, DC, along with a facility in Dahlgren, Virginia, for a wide range of weapons testing. This area is the nation’s largest over-the-water gun-firing range, where testing is conducted on land, in laboratories, and in the Potomac River.
Dean Naujoks, Potomac Riverkeeper, expressed shock at the discovery of the federal government openly polluting the waterway without any proper permits. Naujoks emphasized the staggering volume of munitions already discharged into the river, raising concerns for individuals utilizing the river for boating, fishing, business, or recreation.
The Navy has been engaging in these activities for decades and has released over 33 million pounds of munitions into the Potomac, containing toxic metals, solvents, explosives, and other potentially harmful constituents. Surprisingly, the program has never been subject to regulation under a Clean Water Act permit, despite its requirement. Additionally, the Navy has announced plans to expand the Potomac River Test Range, intending to conduct weapons testing activities in a larger portion of the river.
To address these concerns, Potomac Riverkeeper Network is not seeking the shutdown of weapons testing but rather requesting the Navy to obtain a Clean Water Act permit. This permit would ensure that the Navy’s activities align with water quality standards established to protect the Potomac River. Furthermore, it would mandate frequent water quality monitoring and public reporting of the results.
Potomac River Test Range, spanning a 51-nautical mile stretch of the river, serves as a site for the Navy to fire small arms and large-caliber guns, detonate explosives, and test lasers, propellants, and targeting systems. Given the magnitude of the operations conducted in the area, the environmental implications of unregulated pollution are a cause for concern.
The expansion plans for the Potomac River Test Range intensify the need for a Clean Water Act permit. Potentially impacting watermen, recreational anglers, and commercial watercraft operators, the expansion requires the Navy to evaluate and disclose any harm to the environment and other potential impacts. Additionally, meaningful public consultation is necessary to address the concerns surrounding the expansion of this critical public resource.
Following notice and request for voluntary compliance with the Clean Water Act, PRKN and NRDC have turned to the courts for resolution. The lawsuit seeks a declaration that the Navy’s unpermitted pollution discharges into the Potomac River violate the law. Furthermore, it requests the court to direct the Navy to obtain a Clean Water Act permit.
Previously, in response to PRKN and NRDC’s concerns, the Navy agreed to initiate a consultation with the National Marine Fisheries Service (NMFS) regarding potential harm to the habitat of the endangered Atlantic sturgeon, which spawns and migrates in these waters.
The filing of this lawsuit highlights the importance of proper regulation and adherence to environmental laws. Potomac Riverkeeper Network and the Natural Resources Defense Council are striving to ensure the protection of the Potomac River and its surrounding ecosystem while also preserving the interests of the various stakeholders who depend on this vital public resource.
