MIDDLE RIVER, MD—The Chesapeake Bay Foundation and several Baltimore County residents have filed a lawsuit against the developers of a 53-acre property in Middle River, alleging violations of sediment and erosion control rules. The lawsuit, filed on March 20 in the Circuit Court for Baltimore County against Eastern Boulevard LLC and TKG III Middle River LLC, seeks to halt construction at the Middle River Depot property, formerly the site of the Martin Aircraft plant.
The plaintiffs argue that the developers are operating without an adequate stormwater management plan and that runoff from the site is polluting a nearby creek and Middle River. They also worry about potential release of hazardous materials from the site’s industrial history, which includes use as a B-26 bomber production site during World War II and the use of polyfluoroalkyl substances (PFAS, or forever chemicals) by the former Navy Reserve Industrial Aircraft Plant throughout the 1950s and 60s.
Developers have graded the site in preparation for further work. Residents say they’ve observed continuous pollution running off the site into Frog Mortar Creek, which flows into Middle River.
According to the Chesapeake Bay Foundation, metals, nutrients, and sediments have historically impaired Middle River. In recent years, the river has lost roughly 1,500 acres of underwater grasses that provide shallow water habitat for fish and crustaceans. “Increased pollution, sediment, and turbidity from the development could threaten this ecosystem even further,” the CBF said in a statement.
The property is located within a Critical Area Buffer and a 100-year floodplain, which the plaintiffs argue should require additional development provisions.
“The ongoing grading of this property that is disturbing an area of more than 1 million square of earth is of particular concern given the nearby proximity of the tributaries of the Bay,” said Stuart Kaplow, an attorney for residents. “Without adequate sediment and erosion control, the grading is having an adverse impact including deleterious effects on water quality.”
Plaintiffs seek a declaratory judgment and injunctive relief from the developers to address their concerns.
“Progress shouldn’t require destroying something to make it better,” said Paul Treash, a plaintiff in the complaint and Middle River resident of 20 years. “The pollution and runoff this development has caused, and lack of oversight and transparency, needs a solution for the sake of our community, our environment, and our wildlife.”
This article was written with the assistance of AI and reviewed by a human editor.
Photo via Pixabay
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