Joppa, Maryland. – Today, Gunpowder Riverkeeper in conjunction with the Maryland Department of the Environment (“MDE”) announced a $4.1 million settlement to resolve a lawsuit, instigated by Gunpowder Riverkeeper, against the Ridgely’s Reserve housing development for water pollution that harmed Foster’s Branch the Gunpowder River tidal basin.
D.R. Horton, Inc., Forestar (USA) Real Estate Group Inc., and Kinsley Construction, LLC are the defendants that agreed to the settlement.
The settlement requires enhanced pollution controls, automatic fines for future pollution discharges and settlement term noncompliance, a $2 million dollar civil penalty, and $2.1 million for community driven remediation projects to improve water quality and restore aquatic habitats in Foster Branch and the tidal Gunpowder River basin, among other things
This resolution would not have been possible without Gunpowder Riverkeeper and its vigilant supporters impacted by the pollution. Gunpowder Riverkeeper was a co-plaintiff in this case, serving as the voice for the impacted community to ensure that this settlement agreement would direct remediation back to the river, streams, and impacted communities.
Starting in 2022, complaints from Gunpowder Riverkeeper, its supporters, and other concerned community members about consistent and repeated sediment pollution, pollution that was visible from space, flowing from the housing development brought the site to MDE’s and the Harford County government’s attention.
In early August 2024, Gunpowder Riverkeeper, represented by attorneys at the Chesapeake Legal Alliance, sent a Notice of Intent to Sue letter pursuant to the Clean Water Act. This letter notified the developers of Gunpowder Riverkeeper’s intent to sue them in federal court for the sediment runoff from the construction site that was polluting Foster’s Branch and the Gunpowder River.
In September 2024, MDE filed a lawsuit against the developers in Harford County Circuit Court. Gunpowder Riverkeeper then successfully intervened in this state court action, defeating arguments from the Defendants that Gunpowder Riverkeeper did not have a right to intervene and that their proposed intervention was unconstitutional.
Gunpowder Riverkeeper is represented by Patrick DeArmey, Brett Grosko, and Evan Isaacson from the Chesapeake Legal Alliance. Mr. DeArmey stated that, “this settlement agreement is the first step in restoring the damage to the tidal Gunpowder basin after years of unchecked sediment pollution. This case shows the value and essential role of community involvement. Marylanders have a right to clean water and Chesapeake Legal Alliance is pleased to represent those willing to fight for it.
Theaux Le Gardeur, Gunpowder Riverkeeper, said “this was truly a David versus Goliath fight, with Gunpowder Riverkeeper on one side, and the largest homebuilder in the United States, its subsidiary, and its contractor on the other side. Now that this case is settled, Gunpowder Riverkeeper will begin monitoring and tracking the restoration of the tidal Gunpowder River and impacted ecosystems, and ensuring that the settlement funds are directed to projects to improve water quality and restore aquatic habitats in the tidal Gunpowder River basin. Gunpowder Riverkeeper also thanks Secretary McIlwain, Anthony Brown, and all of the attorneys from Chesapeake Legal Alliance and MDE for their tireless work on this case.”
The work is far from over. Gunpowder Riverkeeper and Chesapeake Legal Alliance are looking forward to the next phase of this case, and ensuring that restoration dollars are put to the best possible use for the lower Gunpowder River and those communities most impacted by the pollution. While it may not be possible to ever fully restore what was lost in this ecosystem, the settlement provides resources to develop and implement the projects needed to make significant progress.