On April 28, 2026, Chesapeake Legal Alliance (CLA), alongside partner organizations, argued in the Circuit Court for Baltimore County that Maryland’s industrial stormwater permit fails to meet the requirements of state and federal clean water laws.
CLA represents Blue Water Baltimore and Gunpowder Riverkeeper in the case, which challenges the Maryland Department of the Environment’s 20-SW general industrial stormwater permit regulating stormwater discharges from more than 1,000 industrial facilities across the state. Environmental groups argue that the permit fails to address climate change, allows toxic pollutants to reach waterways, and does not adequately protect communities most at risk.
Stormwater pollution occurs when rain washes toxic chemicals, oil, grease, and industrial waste from roads, parking lots, and industrial sites into nearby waterways. Unlike wastewater from pipes or treatment plants, this runoff often flows untreated into local rivers and the Chesapeake Bay—meaning that as storms intensify, so does the volume of pollution entering waterways.
Despite these risks, the permit lacks clear, enforceable limits to control polluted runoff and ensure compliance with water quality standards. CLA and its clients argue that this failure violates the Clean Water Act, particularly where the permit removes or weakens key pollution control requirements from earlier versions and replaces them with vague or discretionary measures (as detailed in our opening brief).
That gap has real-world consequences. Monitoring data from individual industrial facilities shows repeated exceedances of pollution thresholds for metals, sediment, and other contaminants—sometimes by hundreds of percent—while enforcement and corrective action remain inconsistent.
“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,” said Evan Isaacson, Senior Attorney at Chesapeake Legal Alliance. “It is too important for the health of Maryland families and their waterways to let this unlawfully weak permit go unaddressed.”
🗺️ Explore our story map, Rising Threats: Maryland’s Most Climate Vulnerable Waters, to see how industrial stormwater pollution and climate-driven flooding are impacting communities across the state.
The legal challenge builds on several years of advocacy around the permit. MDE first issued the current version in 2022, prompting an initial challenge and negotiations with environmental groups. After releasing an updated permit in February 2025 with minimal changes, the agency again faced legal action. Briefing in the case continued through 2025, with petitioners submitting detailed arguments explaining why the permit fails to meet legal requirements (see our reply brief for further detail). Oral argument was heard on April 28, 2026, and a decision is expected in the coming months.
For communities living near industrial sites, the stakes are immediate. Facilities covered by this permit are often located in areas already burdened by pollution, where runoff can flow directly into local waterways and neighborhoods with every storm.
“This one permit covers hundreds of industrial facilities in regions where communities and waterways are already under significant pressure from pollution and climate impacts,” said Alice Volpitta, Baltimore Harbor Waterkeeper with Blue Water Baltimore. “Weak standards will have ripple effects across Maryland, affecting waterways and communities with every storm.”
The court’s decision will determine whether Maryland must strengthen its industrial stormwater permit to include enforceable protections—or whether the current framework will remain in place, shaping how pollution from industrial sites is managed across the state for years to come.
Support the work. Donations help fund the legal advocacy needed to hold agencies accountable and push for stronger, enforceable clean water protections.
Stay informed. The court’s decision will shape how industrial stormwater pollution is regulated across Maryland. Follow updates as the case progresses.
Engage in the process. Public input plays a critical role in how permits are written and enforced. Participating in comment periods and local decision-making helps ensure stronger protections.
Advocate for stronger standards. Effective stormwater policy requires clear, enforceable limits that prevent pollution at its source—before it reaches local waterways and the Chesapeake Bay.
Questions or want to get involved? Email evan@chesapeakelegal.org
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Chesapeake Legal Alliance is a nonprofit organization dedicated to providing free legal services to protect and restore clean water and promote healthy, resilient ecosystems across the Chesapeake Bay watershed.
Waterkeepers Chesapeake is a nonprofit coalition of independent Waterkeeper programs working to protect and restore clean water across the Chesapeake and coastal regions through advocacy, enforcement, and community engagement.
Environmental Integrity Project is a nonprofit organization dedicated to enforcing environmental laws and strengthening public health protections by holding polluters and government agencies accountable.
Chesapeake Bay Foundation is a nonprofit organization committed to saving the Chesapeake Bay through advocacy, restoration, education, and litigation to ensure clean water and healthy ecosystems.
Blue Water Baltimore is a nonprofit organization working to restore the quality of Baltimore’s rivers, streams, and harbor through advocacy, restoration, and community engagement.
Gunpowder Riverkeeper is part of Blue Water Baltimore and works to protect and restore the Gunpowder River watershed through advocacy, enforcement, and public education.
Potomac Riverkeeper Network is a nonprofit organization with three regional Waterkeeper programs—Potomac, Upper Potomac, and Shenandoah—focused on protecting the right to clean water by stopping pollution, safeguarding drinking water, and restoring river ecosystems.
