On Friday, the District of Columbia initiated a legal action against the federal government, blaming it for severe pollution in the Anacostia River. The lawsuit contends that the federal government’s negligence has caused “catastrophic harm” to the communities along this urban waterway, which primarily consists of low-income and minority residents.
The complaint specifies that the federal government, which has ownership and authority over the riverbed, has been discharging harmful waste, including heavy metals and toxic substances such as carcinogenic PCBs, into the river since the 1800s without any efforts to remediate the damage. Stretching nine miles through Washington, D.C., and parts of Maryland, the river historically served as a dumping ground for industrial waste, storm runoff, and assorted trash, profoundly impacting surrounding communities of color.
The lawsuit asserts that harmful pollutants, particularly PCBs originating from the Washington Navy Yard, and other hazardous materials from the Kenilworth Landfill and federal printing facilities, have been released into the Anacostia. It also criticizes the federal government for inadequately managing the sewer systems in the District, which has led to the improper discharge of raw sewage and toxic waste into the waterway.
Due to this pollution, the river has experienced swimming bans and advisories against fishing, with the lawsuit stating that the federal government is the principal contributor to this environmental crisis. It claims, “The River has been systematically contaminated through the indiscriminate dumping and release of hazardous substances and through destructive dredge and fill operations.”
The Justice Department has yet to provide a comment regarding the lawsuit. District of Columbia Attorney General Brian Schwalb emphasized that the pollutants present in the river do not decompose and continue to pose a long-term threat to the environment, aquatic life, and human health, potentially leading to conditions such as cancer and various disorders.
Trey Sherard from Anacostia Riverkeeper expressed his support for the lawsuit, condemning what he describes as over 150 years of the federal government’s reckless pollution of the Anacostia River. He mentioned, “We had high hopes for the voluntary process the District initiated after advocacy… Now we hope this lawsuit keeps the cleanup project moving ahead swiftly and completely.” He emphasized the urgency for remedial work to start promptly and for the federal government to contribute fairly to the cleanup costs.
The District of Columbia is demanding that the federal government fund the river’s restoration. This legal step arrives at a time when the city has made significant strides in the effort to revitalize the river, recalling a past where residents could fish and boat, and where wildlife like bald eagles and osprey flourished.
A $3.29 billion sewer enhancement project, which includes a network of tunnels designed to capture stormwater and sewage, has led to a dramatic reduction of overflows into the river by 91%, as reported by DC Water, the city’s water utility. The latest section of the Anacostia Tunnel System became operational in 2023, with expectations that it will further cut overflows by 98% overall.
The city’s utility company, Pepco, has also agreed to pay over $57 million to address the discharge of hazardous chemicals from its power plants that have contaminated soil, groundwater, and storm sewers, adding to the pollution of the Anacostia and other regions. This settlement is considered the largest in Pepco’s history, with funds earmarked for river cleanup efforts.
Additional strategies implemented by the city, such as a plastic bag fee initiated in 2009, have also played a role in reducing litter, according to experts. Despite these efforts, the Anacostia continues to face pollution challenges. In 2023, it received a failing score for the third time in six years from an environmental nonprofit that assesses the river’s health based on the levels of fecal bacteria and the condition of its aquatic vegetation.
