PA Environment Digest Blog: White House: President Signs New Order Rescinding 2009 Chesapeake Bay Cleanup Executive Order In Part It Said Because It Was Related To Adoption Of Local Stormwater Management Fees "Though Nothing In That Order Required Or Explicitly Justified Such Measures"

Thursday, September 17, 2026

White House: President Signs New Order Rescinding 2009 Chesapeake Bay Cleanup Executive Order In Part It Said Because It Was Related To Adoption Of Local Stormwater Management Fees "Though Nothing In That Order Required Or Explicitly Justified Such Measures"

On September 16, the White House announced the President signed a new executive order rescinding 2009 Chesapeake Bay Cleanup executive order 13508 in part, it said, because it was related to communities adopting local stormwater management fees "though nothing in that order required or explicitly justified such measures."

The new order says-- “Since Executive Order 13508 was signed, a number of other Federal, State, and local government initiatives and programs have resulted in significant improvements in water quality in the Chesapeake Bay.”

The new order continues-- “As of 2025, the jurisdictions of the Chesapeake Bay watershed — New York, Pennsylvania, Maryland, Virginia, the District of Columbia, Delaware, and West Virginia — have collectively met 100 percent of their goal for sediment reduction, 90 percent of their goal for phosphorus reduction, and 57 percent of their goal for nitrogen reduction.

“These pollution reductions are improving Chesapeake Bay health and have resulted in thousands of acres of restored reefs and remain consistent with commitments made in the 2025 revised Chesapeake Bay Watershed Agreement, to which the Federal Government and the executive departments and agencies (agencies) mentioned in section 3 of this order are signatories.

“In 2026, scientists from the College of William & Mary, the Virginia Institute of Marine Science, FlowWest, and the University of Maryland Center for Environmental Science reported that the Chesapeake Bay’s annual dead zone is projected to be among the smallest since 1985, about 31 percent below the long-term average.”

The new order requires federal agencies to reevaluate programs supporting Chesapeake Bay cleanup to prioritize programs "on more direct, on-the-ground projects, in areas of highest need, that would result in the most impactful water quality improvements.

It says agencies should be "redirecting funding away from activities that do not generate measurable progress towards stated goals, to implementation of projects that will directly reduce nutrient and sediment run-off into the Chesapeake Bay and its tributaries."

The order also says agencies should--

-- Assess the additional financial burdens placed on residents of these jurisdictions through the imposition of stormwater management fees

-- Take measures to encourage the repeal or rescission of stormwater management fees imposed by States or localities and funded by their respective residents.

The final section of the new order says it should not be construed to “impair or affect authority granted by law” to any agency and subject to the availability of appropriations.

Click Here for a copy of the new executive order.

Background

From 2013 through 2018, the Pennsylvania Senate and House passed with near unanimous support laws to authorize local stormwater fees and to form local municipal authorities to fund local stormwater management projects to control local flooding and improve local water quality, in part driven by Chesapeake Bay Cleanup requirements. Read more here.

The fees bills were sponsored by Rep. Garth Everett (R-Lycoming), a Pennsylvania member of Chesapeake Bay Commission at the time, and Rep. Mark Mustio (R-Allegheny) who was concerned about local flooding.

The fee authorization laws were needed due to significant political resistance to adopting other funding mechanisms at the state level to support local flood reduction and stormwater management projects, such as a water use fee. Read more here.

Pennsylvania’s Phase 3 Watershed Implementation Plan puts an emphasis on a local approach to meeting Chesapeake Bay nutrient and sediment reduction requirements working with counties to develop local Clean Water Action Plans to reduce pollution in local streams and rivers.

The recommendations on which measures to use to reduce nutrient and sediment pollution and fund them are driven by local priorities and input.

Visit DEP’s Chesapeake Bay Watershed webpage to learn more about cleaning up rivers and streams in Pennsylvania's portion of the Chesapeake Bay Watershed. Click Here to sign up for regular updates on Pennsylvania’s progress.

Reaction

Gov. Josh Shapiro had this comment on the President's new order: "The president can sign whatever photo-ops he wants in the Oval Office. These decisions are going to continue to be made in local communities."

"And as a result of their important work, we've been able to clean up the bay at a better rate than Pennsylvania has ever done, and so I'm grateful for leadership in our local communities, and I'll continue to stand with them." Read more here.

The Chesapeake Bay Foundation released this statement on the President's new executive order--

For more than 40 years, the federal government has worked in partnership with the states across the watershed to reduce pollution to the Chesapeake Bay.

That partnership was strengthened in 2009 when EO 13508 established a new framework for federal leadership, coordination, and accountability.

Water does not respect state or political boundaries. What happens upstream affects people downstream.

EPA recently touted significant progress towards reducing pollution and restoring the Chesapeake Bay. Today’s executive order dismantles a key part of the federal-state framework that helped drive that progress.

Chesapeake Bay Foundation President and CEO Hilary Harp Falk issued the following statement: 

“The Trump Administration has repeatedly and unsuccessfully tried to slash funding for Chesapeake Bay restoration. Now they are trying to destroy Bay restoration by executive order.

“For 17 years, the 2009 executive order has helped provide the federal leadership, coordination, science and accountability needed to restore the Chesapeake Bay.

“Repealing it weakens this historic federal-state partnership at exactly the moment we need greater accountability and collaboration.

“Its replacement undermines the federal government’s role while eroding the ability of states and local governments to fix problems ranging from pollution to flooding.

“Playing politics with the Bay is a risky proposition. The Chesapeake Bay has long had bipartisan support, and Congress has repeatedly rejected the Trump Administration’s efforts to roll back investment in the Bay.

“Now is the time for leaders in Congress, the states, and local communities to step up and defend the Chesapeake Bay movement.

“They must hold firm on their commitments to restore, conserve, and protect the Bay and its waterways, habitats, fisheries, and wildlife, for everyone who depends on them.”

For more on Chesapeake Bay-related issues in Pennsylvania, visit the Chesapeake Bay Foundation-PA webpage. Click Here to sign up for Pennsylvania updates (bottom of left column). Click Here to support their work.

How Clean Is Your Stream

DEP’s 2026 Water Quality Assessment includes a mapping tool that allows you to check on the status of water quality near you.

Click Here to check how clean your stream is.

NewsClips - New Order:

-- WNEP: Gov. Shapiro On President’s New Chesapeake Bay Order: He Can Do Whatever Photo-Ops He Wants In The Oval Office, These Decisions Will Be Made In Local Communities

-- Wilkes-Barre Times-Leader: President Signs Order Rescinding Chesapeake Bay Cleanup Executive Order, Legislators Call For Review Of PA’s Stormwater Management Requirements

-- The Citizens’ Voice: President Signs Executive Order Revoking Controversial Federal ‘Rain Tax’ Mandate

-- WNEP: President Signs Executive Order To Reverse ‘Rain Tax’ Mandate