Gunpowder Riverkeeper files to intervene in Maryland Department of the Environment action against D.R. Horton, Inc., Forestar Real Estate Group Inc., and Kinsley Construction, LLC to protect downstream communities, Foster Branch, the Gunpowder River, and the Chesapeake Bay.
For Immediate Release: October 28, 2024
Contact:
Theaux Le Gardeur, Executive Director and Riverkeeper, Gunpowder Riverkeeper
(410) 967-3526 gunpowderriverkeeper@gmail.com
Patrick DeArmey, Senior Attorney, Chesapeake Legal Alliance
410-216-9441, ext. 207 patrick@chesapeakelegal.org
Joppa, Maryland. – Today, Gunpowder Riverkeeper filed a motion to intervene to join in the
Maryland Department of the Environment’s (“MDE’s) enforcement action filed in Harford County Circuit Court against D.R. Horton, Inc., the largest homebuilder in the U.S., Forester (USA) Real Estate Group Inc., and Kinsley Construction, LLC (“Developers”). The State’s complaint follows Gunpowder Riverkeeper’s August 7, 2024 letter sent to the Developers to notify them of Riverkeeper’s intent to sue in federal court to enforce ongoing and continuous violations of the federal Clean Water Act from their construction site known as Ridgely’s Reserve. Subsequently, MDE filed suit under state law in state court. Gunpowder Riverkeeper now seeks to intervene in the State’s enforcement action to advocate for the community and supporters it serves, prevent further degradation to Foster Branch, the Gunpowder River, and the Chesapeake Bay and to ensure that these waters are protected and capable of being restored under the long-term effort to bring back a healthy Chesapeake Bay.
Gunpowder Riverkeeper is represented by Patrick DeArmey from the Chesapeake Legal Alliance, who stated that “the numerous violations, including repeated failures to adequately maintain erosion and sediment controls and to prevent sediment from leaving the site and entering our waterways, are well-documented by state inspectors and local community members. Our client, many neighbors and concerned community members demand that these violations cease and that their cherished waters are restored.”
Over the course of almost three years MDE and Harford County inspection reports have documented the continued degradation to downstream waterways caused by the pollution leaving both the active construction site and the related water and sewer line. The massive sediment plumes in the Gunpowder and Chesapeake Bay and the localized die offs of underwater grass beds are devastating for these ecosystems, for those who live, recreate, and rely on these resources for their livelihoods, and for the greater efforts to restore the Chesapeake Bay and Gunpowder River. We cannot allow these unprecedented restoration efforts to be offset or negated by illegal activities.
“It’s imperative that we have a seat at the table to hold the Developer’s accountable for the damage done to the environment and continued failure to comply with state law. We are intervening to provide the first hand knowledge that our communities have about the impact of these violations and to support MDE in developing a solution that will ensure the restoration of Foster Branch and the tidal Gunpowder,” said Theaux Le Gardeur, Gunpowder Riverkeeper.
