The non-partisan Environmental Integrity Project (EIP) citizen watchdog group is lauding a joint action by the Attorney General’s Offices of Virginia, Maryland and Washington, D.C. regarding a failure by the Environmental Protection Agency (EPA) to hold two northern states accountable for their roles in pollution of the Chesapeake Bay. That pollution is seen as a major threat to the Bay’s billion-dollar commercial fishing industry.
Warren County and other Northern Valley counties are also part of the Chesapeake Bay watershed impacted by past mandates on preventing regional pollution from floating downstream to the Bay. Targeted by the trio of AG Offices are EPA failures to hold Pennsylvania and New York to standards mandated as part of the long-term cleanup plan to preserve the Chesapeake Bay’s ability to sustain the aquatic life at the heart of a major source of the U.S. seafood supply.
Below is the full text of the Environmental Integrity Project release on the action, followed by the press release of Maryland Attorney General Brian Frosh’s office elaborating on why the suit is being brought forward:
Praise for Legal Action Against Trump EPA over its Failure to Enforce Chesapeake Bay Cleanup
Attorneys General for MD, VA and DC File Notice of Intent to Sue EPA for Failing to Force PA and NY to Reduce Pollution
Washington, D.C. – The Attorneys General of Maryland, Virginia and the District of Columbia today filed a notice of intent to sue the Trump Administration EPA over its failure to force Pennsylvania and New York State to meet their Chesapeake Bay cleanup obligations under a 2010 regional agreement with a deadline of 2025.
Eric Schaeffer, former Director of Civil Enforcement at EPA and Executive Director of the Environmental Integrity Project, issued the following statement in support of the legal action.
“This is a welcome development and long overdue, because the Trump Administration’s EPA has really fallen down on its job to enforce the Chesapeake Bay cleanup plan,” said Schaeffer. “This lack of accountability has been especially troublesome in the case of the state adding the largest share of pollution in the Bay, Pennsylvania. The Commonwealth has been slashing the budget and staffing of its Department of Environmental Protection and doing little to reduce agricultural pollution and even sewage overflows from the state capital, Harrisburg, during the same decade when it had promised to step up its efforts. Enough is enough.”
A copy of the notice is attached. The notice says in part: “The Bay TMDL (cleanup agreement, or Total Maximum Daily Load) requires Pennsylvania to reduce its nitrogen pollution by about 33.8 million pounds per year. Pennsylvania’s (most recent cleanup plan, called the ‘Phase III Watershed Implementation Plan’) however, reflecting significant deficiencies in funding, shows anticipated reductions of only 24.8 million pounds per year. Thus, Pennsylvania’s Phase III WIP leaves the Bay with an excess of approximately 9 million pounds of nitrogen per year.”
Below is the press release from Maryland Attorney General Brian Frosh’s Office:
Attorneys General Frosh, Herring, Racine File Notice of Intent to Sue EPA
Agency Failed to Hold Pennsylvania and New York Accountable for Bay Pollution
BALTIMORE, MD (May 18, 2020) – Maryland Attorney General Brian E. Frosh, joined by the Attorneys General of Virginia and the District of Columbia, today filed a Notice of Intent (NOI) to sue the Environmental Protection Agency (EPA) over its failure to require Pennsylvania and New York to develop and implement plans to achieve 2025 Chesapeake Bay restoration goals. Under the Clean Water Act, EPA has a nondiscretionary duty to “ensure that management plans are developed and implementation is begun by signatories to the Chesapeake Bay Agreement to achieve and maintain” the Bay Total Maximum Daily Load (TMDL). The TMDL is a comprehensive “pollution diet” aimed at restoring clean water in the Bay States that sets limits for nitrogen and phosphorus pollution, in addition to reductions in sediment.
EPA’s recent evaluation of each Bay state’s Watershed Improvement Plan (WIP) concluded that Maryland, Virginia and the District of Columbia all will attain their respective necessary load reductions by 2025. EPA also concluded that the plans submitted by Pennsylvania and New York were deficient, falling short of nutrient reduction goals and lacking in sufficient funding. EPA has not, however, required Pennsylvania or New York to develop or implement plans that fully meet the pollution reduction goals.
“The Chesapeake Bay is one of our country’s most valuable natural resources,” said Attorney General Frosh. “Restoring the health of the Bay will take a coordinated, multistate effort with every state sharing the burden. EPA has abandoned its responsibility to regulate and manage the efforts of the Bay states. Together, we fully intend to hold EPA accountable and require it to perform its regulatory duty.”
“Protecting and restoring the Chesapeake Bay requires a comprehensive effort by each of the watershed states as well as the EPA,” said Attorney General Mark R. Herring. “As the administrator of the Chesapeake Bay Agreement, EPA must treat each of the partners equally and make sure every state is pulling its weight and upholding its portion of the agreement, but instead, the Trump EPA simply rubberstamped plans that are plainly inadequate. I hope we are able to come to an understanding that is beneficial for all parties, while keeping the health of the Bay at the forefront.”
“Our coalition of State Attorneys General will not allow the EPA to walk away from its enforcement obligations and undermine decades of work to reduce pollution across the Chesapeake Bay watershed,” said D.C. Attorney General Karl A. Racine. “The District is committed to reaching our pollution reduction goals, but if other states are not doing their part, and the EPA is not keeping watch, we will fail to restore the Bay and our local waters, including the Potomac River.”
“Maryland will continue to work with all of our partners to meet Bay restoration goals, as this important lawsuit moves forward,” said Maryland Environment Secretary Ben Grumbles. “EPA must be held accountable to enforce the clean water commitments made by our upstream partners.”
In 2007, the Bay States and EPA agreed that EPA would establish a TMDL for the entire Bay Watershed. Pursuant to that agreement, in 2010, EPA established the Bay TMDL, a comprehensive “pollution diet” aimed at restoring clean water in the Bay States. The Bay TMDL sets limits for pollution that equate to a 25 percent reduction in nitrogen, a 24 percent reduction in phosphorus, and a 20 percent reduction in sediment. The Bay TMDL further allocates these pollution reductions to the respective Bay States, including Pennsylvania and New York, with a 2025 deadline to achieve the reductions.
To ensure they met the Bay TMDL’s goals, EPA required each Bay State to submit a series of WIPs detailing how it would achieve its allocated pollution reductions over the course of the Bay TMDL’s term. EPA received the third and final WIP for each Bay State on August 23, 2019.EPA concluded that the Phase III WIPs (Watershed Implementation Plan) submitted by Maryland, Virginia, and the District of Columbia showed they would attain the necessary load reductions by 2025. EPA similarly concluded that Delaware and West Virginia had submitted Phase III WIPs that met their respective numeric planning targets and would attain the necessary load reductions by 2025. Pennsylvania and New York, however, submitted Phase III WIPs that failed to meet their planning targets. Pennsylvania’s plan, as approved by EPA, would only achieve approximately 75 percent of its target for nitrogen reduction and reflected significant deficiencies in funding. New York’s plan would only achieve a 64 percent nitrogen reduction – falling short of the planning target by nearly 1 million pounds per year.
EPA has not required Pennsylvania or New York to prepare a Phase III WIP that remedies these deficiencies. The obligations of Pennsylvania and New York in the Bay Agreement and Bay TMDL are critical to restoring clean water in the Chesapeake Bay and its streams, creeks, and rivers. Yet EPA has allowed these jurisdictions to send approximately 10 million excess pounds of nitrogen into the Chesapeake Bay and its watershed every year, and threaten the success of efforts to restore the Bay.
Randolph-Macon Academy hosts virtual graduation Saturday
Randolph-Macon Academy’s 56 soon-to-be-graduates successfully navigated a rapid transition to online learning in March. Now, having earned a combined total of 211 college acceptances and over $5.2 million in college scholarship offers, they are about to celebrate their graduation online and on time. R-MA’s graduation was originally scheduled for Saturday, May 30th, and the Academy is able to adhere to that date thanks to the quick pivot to online learning in mid-March.
The guest speaker for the event is Rear Admiral John Stufflebeem, USN, Retired, a 1970 graduate of Randolph-Macon Academy, and the Chairman of the R-MA Board of Trustees.
During his Naval career, Rear Adm. Stufflebeem commanded Fighter Squadron 84 and Carrier Air Wing 1 during combat operations in the Balkans and Persian Gulf and Carrier Group 2/Task Force 60 during Operation Iraqi Freedom. His assignment prior to returning to Washington was Commander 6th Fleet, Deputy Commander Naval Forces Europe, Joint Force Maritime Component Commander Europe, Commander Strike and Support Forces NATO, and Allied Commander Joint Command Lisbon.
Additionally, Rear Adm. Stufflebeem served in staff assignments including Military Aide to President George H.W. Bush, Deputy Executive Assistant and later, Executive Assistant to the Chief of Naval Operations. His first assignment as a flag officer was Deputy Director for Global Operations (J-3) on the Joint Staff during Operation Enduring Freedom. Subsequent to Operation Iraqi Freedom he was the Assistant Deputy Chief of Naval Operations for Information, Plans and Strategy.
Stufflebeem is now an independent consultant and sole proprietor of the NJS Group LLC, a strategic and crisis communications consulting firm in Alexandria, VA, established after he retired from the U.S. Navy in 2008. He is also a life member of the National Football League Players Association, having played football for the Detroit Lions in the late 1970s.
All of R-MA’s end-of-year events will be released via YouTube Premiere, culminating with the Graduation Ceremony on May 30th. YouTube Premiere will allow students, families, faculty and staff to watch the event as if it were live, and “chat” with each other as the video plays. The Graduation Ceremony Premiere will begin at 9:15am, with a series of tributes to the seniors from their teachers, parents, and even local businesses. The graduation ceremony itself will begin playing at 10:00am.
In addition to Stufflebeem, the Class of 2020 will hear from their Salutatorian and Valedictorian during the end-of-year ceremonies. Class Night on May 28th will feature Salutatorian Jonathan Bunker of Berryville, VA. Bunker is the third member of his family to graduate from R-MA and the second to earn Salutatorian honors. He has been a member of the R-MA Virginia State Championship Drill Team and is the Vice President of the Senior Class.
The Commencement audience on May 30th will hear from R-MA Valedictorian Benjamin Kopjanski of Boston, VA. Kopjanski holds the second-highest position in the Academy’s Air Force Junior ROTC program, and was recently recognized as the Top Cadet in the Nation by the Association of Military Colleges and Schools of the U.S. He was also a member of the Academy’s championship drill team.
“We are incredibly proud of our graduates, and though we wish we could be together physically to celebrate their accomplishments, we are pleased to be able to offer this virtual way to celebrate together,” said R-MA President Brigadier General David C. Wesley, USAF, Retired. Wesley served in the Air Force for 26 years, most recently as the Staff Judge Advocate for Headquarters Air Force Material Command; his service also included time as an instructor at and the Commandant of the Air Force Judge Advocate General’s School at Maxwell Air Force Base, AL. He has been Randolph-Macon Academy’s president since 2015.
The Class of 2020 college acceptances included prestigious universities such as University of Pennsylvania, Brandeis University, Duke University, Case Western University, Drexel University, Fordham University, George Mason University, James Madison University, New York University, Northeastern University, Rensselaer Polytechnic Institute, University of British Columbia, University of Virginia, University of Sydney and Virginia Tech. In addition, the eight postgraduate Falcon Scholars of 2020 all earned appointments to the Air Force Academy.
To access the YouTube Premiere videos, visit R-MA’s YouTube channel.
Randolph-Macon Academy (R-MA), founded in 1892, is a college-preparatory, coeducational boarding school for students in grades 6 through 12. Students in grades 9-12 participate in R-MA’s 91st Air Force Junior Reserve Officer Training Corps (JROTC), and have the opportunity to learn to fly through a unique flight program. The Academy, which is one of only six Falcon Foundation Schools in the U.S., also offers several summer programs. R-MA is affiliated with the United Methodist Church and is located in Front Royal, VA.
Downtown Rebound – Week 2
Once again the Town of Front Royal and specifically Family Fun Day, Inc. is excited to announce ‘Downtown Rebound’ – a plan to assist our beloved downtown businesses while adhering to safety guidelines, and mandates set forth by Phase One of the Governor’s “Virginia Forward” re-opening plan.
During this time, downtown businesses and restaurants will be able to expand their services, displays, and seating areas onto the sidewalks and Main Street. Additionally, the Royal Cinema will be showing an outdoor movie at 8:30 PM on Friday and Saturday, weather permitting.
There will be a temporary vehicular road closure of Main Street, Kidd Lane, and part of Chester beginning Friday, May 29, at 4:30 P.M. and ending on Monday, June 1, at 7 A.M. Parking will be available at the Gazebo entering from Virginia Hale Blvd only.
This is not a festival, but it is an opportunity for citizens to get out and visit our restaurants and businesses throughout Front Royal. All citizens are expected to maintain six feet social distancing and follow other guidelines as directed by Governor Northam’s Executive Orders. Restaurants may provide additional guidance as well.
Warren County Habitat for Humanity moves to new office and resumes Repair Program
Warren County Habitat for Humanity (WCHFH) will open in their new office located at 109 Water Street, in Front Royal, on June 1, 2020. Beginning June 1, the office will be open by appointment only. Normal office hours (Mon-Fri, 10-2) will resume June 15. The Habitat office will have hand sanitizer and masks available for clients and visitors.
“The Board is excited to be moving to this new space. The location will allow for better visibility and access for our current and future clients and partners.” According to Amanda Slate, WCHFH Board President.
Due to COVID-19 risks and in keeping with guidelines from Habitat International and the state government, Warren County Habitat for Humanity had suspended much of its activity and closed its office on March 31. With the lifting of COVID-19 restrictions through Governor Northam’s Forward Virginia Plan, WCHFH will begin implementing plans to reopen its office and resume programming. To see the full reopening plan, click here.
Applications for the WCHFH Home Repair Programs will be accepted from June 1-15. Work on new repairs should begin late July to early August, following stringent safety and health precautions. Warren County Habitat for Humanity offers home repairs with affordable financing to qualified homeowners living in Warren County, Virginia. The homeowner must be a full-time resident of the home and meet income guidelines below 60% of AMI. Mortgage, property taxes, and homeowner’s insurance accounts must be current. This program is not available to landlords, tenants, land contract holders, or trailer home residents. For more information on the home repair program and to complete the eligibility questionnaire, click here.
For more information about Habitat’s home repair program or to schedule an appointment, contact Jessica Priest-Cahill, WCHFH Executive Director, at (540)551-3232 or email@example.com.
Founded locally in 1993, Warren County Habitat for Humanity seeks to build homes, community, and hope in Front Royal and Warren County. Habitat for Humanity homes are sold with no profit received. The homes are built utilizing volunteer labor, donated resources, and money from the community. Homeowners must meet three qualifications: willingness to partner; ability to pay; and have a need for decent, affordable, and safe housing. In addition to the Habitat Homeownership Program, WCHFH provides home repair programs for low-income homeowners, homeownership and home maintenance education, and advocacy for local affordable home ownership. To learn more visit www.warrencountyhabitat.org.
Town looks to expand, revisit success of weekend downtown ‘walking mall’
Early in its May 26th, post-Memorial Day, Tuesday evening meeting, the Front Royal Town Council got a glowingly positive report on the Memorial Day weekend downtown business re-opening event marked by the closure of a portion of East Main and Chester Streets to vehicular traffic.
Interim Town Manager Matt Tederick began the discussion by lauding the involvement of C&C Frozen Treats proprietor and Family Funday sponsor William Huck for his proactive involvement, including pulling the festival permit to allow the street closings.
“I think it was a wild success, frankly,” Tederick told council, adding, “I’ve gotten numerous text messages and phone calls from folks, businesses, restaurants sold out of food on Monday. I think it was just a really good event – a lot of citizens seemed to appreciate it.”
Tederick then urged town businesses outside the Historic Downtown area to contact the town manager’s office if they had ideas for “creative outdoor planning” in their areas to help resurrect the local business community from two months of COVID-19 pandemic mandated public health safety shutdowns.
“We’re being as flexible as we legally can be and we’re following the code, we’re following the laws but we’re doing everything we can to assist our local businesses, restaurants, as well as brick and mortar businesses,” Tederick enthused in the wake of the Saturday through Memorial Day Monday downtown event.
See Royal Examiner’s two-pronged photographic report on Saturday’s opening and Monday’s stirring, if brief, Memorial Day event at the Courthouse grounds.
Tederick then acknowledged an expected new executive order from Governor Ralph Northam’s office requiring the wearing of masks inside the re-opened business and government buildings. Virginia is in the process of moving from the Democratic governor’s Phase One reopening that kicked in Friday to Phase Two expected to launch June 10.
“My opinion, that’s going to come with a whole lot of cost, as well as preparation; and there’s going to be a whole lot of questions as well,” Front Royal’s interim town manager and longtime County Republican Committee officer and operative said, without elaboration on how those “lot of” costs and preparations would be generated from an anticipated mask-wearing order.
Noting his time downtown at about four hours on both Saturday and Monday, Mayor Gene Tewalt said, “The biggest question that I’ve been asked from people that ran their businesses is, are we going to keep doing this on a weekly basis. And I told them I wasn’t sure – that I’d get back with you and the council to see which way you guys want to handle this … It went very well, at least that’s what everybody told me and it was a great event.”
Gary Gillespie, Lori Cockrell, Chris Holloway, and Letasha Thompson added their positive reviews, and/or the positive reviews of those they had spoken to about the event as council pondered the potential of a regular weekend closing of a portion of the downtown business district to vehicular traffic to facilitate additional customer foot traffic in a walking mall-style downtown.
Vice Mayor Bill Sealock asked about the hours at the Finance Department’s Town Hall drive-thru payment window on Fridays, which would be blocked by the traditional closing of East Main at Royal Avenue. Told by Finance Director B. J. Wilson the window closed at 4:30 p.m., council pondered the possibility of adding Friday evenings to the walking mall concept beginning around 5 p.m.
“If the consensus of the council is let’s do it again this weekend, I think the staff and I are prepared to launch if that’s something you’d like to see be done,” Tederick told the council.
Council’s comments appeared to indicate that the positive feedback wasn’t only from the restaurants the outdoor street seating the street closures were designed to help facilitate with social distancing regulations. So, if that feedback is, in fact, broad-based and ongoing, it appears the Town is poised to move forward with a continued weekend, late Friday afternoon to Sunday evening downtown closings. – Get ready to pull some more permits, Huck.
And that with a call out to businesses in other areas of town for some “creative outdoor planning” to jump on the marketing of Front Royal’s Phase One business reopening bandwagon. – But don’t forget your masks and social distancing safeguards as we are likely to have increased visitation from residents from more highly contaminated areas to our east and south.
Also, on Tuesday’s agenda were two items that drew some discussion on the first readings of the two required for final approval. One was an ordinance amendment lowering water and sewer tap-in fees to developers; the other on approval of financial appropriations for the Fiscal Year 2021 Town Budget.
See all these discussions and votes in the linked Royal Examiner virtual meeting recording; and more detail on the two ordinance amendment proposals in forthcoming Royal Examiner stories.
Governor Northam announces face covering requirement and workplace safety regulations
~ Face coverings required in public settings starting Friday, May 29 ~
Governor Ralph Northam today, May 26, 2020, signed Executive Order Sixty-Three, requiring Virginians to wear face coverings in public indoor settings to help contain the spread of the novel coronavirus. The Governor also directed the Department of Labor and Industry to develop emergency temporary standards to prevent workplace exposure to COVID-19.
Governor Northam also signed an amended Executive Order Fifty-One, extending Virginia’s state of emergency declaration.
The new executive order supports previous actions the Governor has taken to respond to COVID-19 in Virginia and ensures workers and consumers are protected as the Commonwealth gradually eases public health restrictions. The Governor’s statewide requirement for wearing face coverings is grounded in science and data, including recommendations from the Centers for Disease Control (CDC) that individuals should wear face coverings in public settings. Face coverings do not take the place of public health guidelines to maintain six feet of physical distancing, increase cleaning and sanitation, and wash hands regularly.
“We are making progress to contain the spread of the COVID-19 and now is not the time for Virginians to get complacent,” said Governor Northam. “Science shows that face coverings are an effective way to prevent transmission of the virus, but wearing them is also a sign of respect. This is about doing the right thing to protect the people around us and keep everyone safe, especially as we continue to slowly lift public health restrictions in our Commonwealth.”
A face covering includes anything that covers your nose and mouth, such as a mask, scarf, or bandana. Medical-grade masks and personal protective equipment should be reserved for health care professionals. Under the Governor’s executive order, any person age ten and older must wear a mask or face covering at all times while entering, exiting, traveling through, and spending time in the following public settings:
• Personal care and grooming businesses
• Essential and non-essential brick and mortar retailers including grocery stores and pharmacies
• Food and beverage establishments
• Entertainment or public amusement establishments when permitted to open
• Train stations, bus stations, and on intrastate public transportation, including in waiting or congregating areas
• State and local government buildings and areas where the public accesses services
• Any indoor space shared by groups of people who may congregate within six feet of one another or who are in close proximity to each other for more than ten minutes
Exemptions to these guidelines include while eating and drinking at a food and beverage establishment; individuals who are exercising; children under the age of two; a person seeking to communicate with a hearing-impaired person, for which the mouth needs to be visible; and anyone with a health condition that keeps them from wearing a face covering. Children over the age of two are strongly encouraged to wear a face-covering to the extent possible.
The Governor is also directing the Commissioner of the Department of Labor and Industry to develop emergency temporary standards for occupational safety that will protect employees from the spread of COVID-19 in their workplaces. These occupational safety standards will require the approval by vote of the Virginia Safety and Health Codes Board and must address personal protective equipment, sanitation, record-keeping of incidents, and hazard communication. Upon approval, the Department of Labor and Industry will be able to enforce the standards through civil penalties and business closures.
LFK Graduates 101 5th graders
On May 26, 2020, students from LFK Elementary School in Front Royal held their graduation ceremony, drive-in style. Lines of cars started to form about 1:30 pm on the street in front of the school. With the Warren County Sheriff’s Office leading the way, the graduation ceremony began at 2 pm.
Ginger Newton, a 5th-grade teacher at LFK spoke with our publisher Mike McCool about the event.