Potomac Riverkeeper v. U.S. Department of the Navy

Case Status

Active

Last Update

Fossil Beach on the Potomac River in Westmoreland State Park, Virginia

Credit:

Watts via Flickr, CC-BY 2.0

Known as the “Nation’s River,” the Potomac serves as home to hundreds of species, including the iconic bald eagle and Atlantic sturgeon, and as an important source of outdoor recreation for millions of visitors every year.

But for the past 100 years, the U.S. Navy has been using a long stretch of the river (about 50 nautical miles) to conduct a wide range of weapons testing. In doing so, it has launched, detonated, and discharged more than 33 million pounds of toxic munitions—including metals, solvents, and explosives—into the river. These unpermitted discharges from the Naval Surface Warfare Center are a direct violation of the Clean Water Act (CWA). In fact, the Navy has never applied for a CWA permit for the pollutants released by its program, even though its legal obligation has been established for more than 40 years.

In June 2023, the Potomac Riverkeeper Network (PRKN) and NRDC announced that we are taking the the Navy to court. We’re fighting for the PRKN members, local residents, and the many visitors who have the right to a clean, safe river.

We are asking the court to declare the Navy’s discharges as illegal and to direct the department to secure proper permits. Clean Water Act permits would ensure that pollution from the Navy’s weapons testing does not violate water quality standards that were established to protect the river and those who use it for business and recreation. It would also require the Navy to conduct frequent water quality monitoring and to report the results publicly.

We await the court’s decision and will continue our advocacy to protect the Potomac River and the community’s right to fishable, swimmable waters.