The
Chesapeake Bay's riverkeepers are suing the Maryland Department of
Agriculture because they've been denied the opportunity to view
pollution reports filed by farmers.
The riverkeepers -
who are paid advocates for local waterways - said it's vital to know
just how much pollution is generated from farms and how it's being
dealt with. But they claim they've been stonewalled in attempts to get
that information.
The lawsuit was filed this morning in Anne
Arundel County Circuit Court, alleging the state is violating freedom
of information laws by not releasing the reports, which are called
nutrient-management plans.
The lawsuit was jointly filed by the
Waterkeeper Alliance and eight of the group's local members: Assateague
Coastkeeper, Baltimore Harbor Waterkeeper, Lower Susquehanna
Riverkeeper, Patuxent Riverkeeper, Potomac Riverkeeper, Severn
Riverkeeper, South Riverkeeper and West/Rhode Riverkeeper.
It aims to have a series of denials overturned, as well as unrestricted access to the plans in the future.
"We
need to know what's going on at the farms because, like everyone else,
there should be transparency about how much manure they are discharging
into the river, so we can know how we can help them reduce the
discharge and stop polluting the waterway," said Fred Kelly, the Severn
riverkeeper.
Bob Gallagher, the West/Rhode riverkeeper, said agriculture remains the largest category of bay pollution.
He's
fielded complaints in south county about animals being allowed to wade
into streams (where they might defecate into the water) and piles of
uncovered manure.
"I observed myself, most recently on Saturday
after the rain, huge amounts of runoff in some of our creeks coming off
farmland," Mr. Gallagher said. "We don't currently have the ability to
find out even whether those particular farmers have filed their
nutrient-management plans, much less what practices they're required to
follow."
The riverkeepers said farms should be treated no differently than sewage-treatment plans or other sources of pollution.
Farms
can be sources of sediment and nutrient pollution. Sediment that runs
off of farms can smother plant and animal life in waterways. And excess
nutrients such as nitrogen and phosphorus touch off a cycle leading to
excessive algae growth that sucks life-sustaining oxygen from the water
when it decomposes.
The riverkeepers made clear that their
lawsuit isn't an anti-farmer action; rather, they want to ensure
transparency from the government.
The riverkeepers, who are
represented by the University of Maryland Environmental Law Clinic, are
suing under the Maryland Public Information Act, which gives citizens a
right to review government documents. According to the lawsuit,
Department of Agriculture officials have cited another law that
requires them to keep identities confidential of farmers who file
nutrient-management plans.
The riverkeepers disagree with the
department's interpretation of the law and are seeking to have it
declared unconstitutional as part of the lawsuit.
Officials at
the Department of Agriculture said they couldn't comment this morning
because they hadn't fully reviewed the lawsuit.
But last week, the department issued a press release touting progress in getting farmers to file their reports.
The
nutrient-management plans were established in 1998 and require farmers
to protect streams and other waterways from harmful runoff that comes
from plant fertilizer or animal manure.
As of the end of 2007, 97
percent of the state's 6,100 farmers who were required to file nutrient
plans did so, according to the Department of Agriculture. Also, 94
percent have filed "implementation reports" that show their progress,
according to the department.
"Our latest compliance figures for
the agricultural nutrient-management program speak for themselves,"
state agriculture Secretary Roger Richardson said in a statement.
"Maryland farmers and other nutrient applicators are by and large
complying with the nutrient-management law. Enforcement actions are
under way to bring the few remaining farmers who do not have plans into
compliance."
But the riverkeepers don't want to have to trust Mr. Richardson at his word. They want a look for themselves.
Without
being able to review the reports, Mr. Kelly said, "there's no way to
verify their spin on the situation because there's no transparency."