Attorney General Brian L. Schwalb today sued the United States for its deliberate and ongoing pollution of the Anacostia River, the District of Columbia’s most vital natural resource. For over 150 years, the United States used the River as a cost-free dumping ground for toxic waste and chemicals, including cancer-causing PCBs, dangerous pesticides like chlordane, and heavy metals. In its lawsuit, the Office of the Attorney General (OAG) seeks to require the federal government to pay to clean up the River to protect District residents from ongoing threats to their health and safety and to make the River safe again for fishing, swimming, and wildlife.

“The federal government has been the number one driver of pollution in the Anacostia River for over 150 years, treating the District’s iconic natural resource as a cost-free dumping ground for the toxic waste and chemicals it generated,” said Attorney General Schwalb. “The federal government’s blatant disregard for human health and safety has wreaked havoc on generations of Washingtonians – diminishing what should be a pristine resource for swimming, fishing, and wildlife, and disproportionately harming communities of color living East of the River. The United States is not immune from complying with environmental laws, and today, we’re suing to hold it financially accountable for the damage it has knowingly and intentionally caused.”

“Anacostia Riverkeeper is proud to see the District’s Office of the Attorney General bring this major suit against the United States government for their reckless and significant pollution of the Anacostia River for over 150 years,” said Trey Sherard, Riverkeeper at Anacostia Riverkeeper. “We had high hopes for the voluntary process the District initiated after advocacy by Anacostia Riverkeeper and other local nonprofits over a decade ago for the Anacostia River Sediment Project. Now we hope this lawsuit keeps the cleanup project moving ahead swiftly and completely with physical work on remedial actions in the river to begin this year, and with the federal government paying their fair share.”

“Throughout history, the US government has unjustly ignored the exposure of communities of color to pollution, resulting in significant environmental, climate, and health challenges impacting Black, Brown and other marginalized communities,” said Carmel Henry, President of the NAACP DC Branch. “There are two rivers that flow through the District of Columbia, but for too long the Anacostia River has remained a troubled and contaminated body of water.  The District of Columbia deserves full enforcement of the Clean Water Act and all applicable laws to ensure the full restoration of the Anacostia River and associated waterways.  As the nation’s Capital, the District should be a premier model for residents to access waterways which are safe, swimmable and fishable.”

Many of the pollutants found in the Anacostia River do not break down and cause long-lasting harm to the environment, aquatic wildlife, and human health. The health risks from these pollutants include cancer, neurological and developmental disorders, birth defects, asthma, diabetes, cardiovascular disease, and other conditions. In 2021, The District’s Anacostia River Sediment Project informed entities who have polluted the River—including the federal government—of their obligation to pay for cleanup efforts, which are set to begin in 2025. Thus far, the United States has refused to accept responsibility for the cleanup.

The District filed suit under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), also known as Superfund, as well as the District’s Brownfield Revitalization Act. The suit accuses the United States of systematically contaminating the Anacostia River, from the 19^th century through the present, in several ways:

• Discharge of hazardous chemicals generated at Washington Navy Yard: For over 150 years, the U.S. Navy’s operations at Washington Navy Yard, including shipbuilding and gun manufacturing, polluted the River with toxic chemicals. The Navy’s own investigation identifies the Navy Yard as a source of active PCB contamination through stormwater runoff. Clean-up efforts along the shoreline have documented the release of oil, PCBs, dioxins, heavy metals, solvents, and many other chemicals. This contamination has spread up and down the River, far beyond areas that were covered by previous clean-ups. 
• Dumping of waste at the former Kenilworth Landfill: The federal government operated a waste dump on the banks of the Anacostia River for over 25 years in what is now known as Kenilworth Park. The dump released hazardous chemicals and metals like PCBs, PAHs, arsenic, and mercury via runoff. 
• Release of chemical waste from federal printing facilities: Since 1914, the Bureau of Engraving and Printing has operated a three-building printing complex at 14^th and C St SW. The facility used PCBs, solvents, oils, metal plating solutions, inks, pigments, and other toxic chemicals. Before 1938, the facility released wastewater directly into the Tidal Basin and the Washington Channel. After 1938, the Bureau continued to release hazardous chemicals into internal drains, which emptied into the River via District storm sewers. 
• Pollution at other federal sites in DC: The lawsuit highlights other federal sites that released chemicals, dumped waste, or otherwise contaminated the River. These include:
  • A federal waste dump that formerly operated on the River’s West bank at what is now Langston Golf Course.
  • The Army’s Fort McNair, which caused contamination from leaking underground oil tanks and other sources.
  • Federal facilities at Poplar Point, on the River’s East bank, where the United States operated weapons testing programs, chemical and oil storage facilities, dry-cleaning facilities, and greenhouses. These operations contaminated the River with PCBs, pesticides including DDT and chlordane, and heavy metals.
  • The Capitol Power Plant at 25 E St SE and a former GSA transformer service area at 10 P St SW, both of which regularly released PCBs into drains that flow into the River. 
• Dredging that spread toxic pollution: Since the late 19^th century, the Army Corps of Engineers has repeatedly dredged the River bottom, changing the River’s course and filling in more than 1,000 acres of wetlands with polluted dredged material. The dredging process released toxic substances from the disturbed Riverbed sediment into the flowing water, spreading it throughout the River and along the shoreline. 
• Poor sewage and wastewater management: The United States also contaminated the River through its operation of the District’s combined sewer system prior to Home Rule in 1973. The poorly designed sewer system sent raw sewage and toxic waste directly into the River. The recently-completed Anacostia River Tunnel Project is reducing sewage overflow into the river by 98%.  This and other sewer modernization efforts have cost District taxpayers in excess of $1.8 billion.

A copy of the complaint is available here. 

This matter was handled by Assistant Attorneys General Alec Bowman, Brian Caldwell, David Hoffman, Sean Powers, and Wesley Rosenfeld, and supervised by Laura Beckerman, Acting Chief of the Housing and Environmental Justice Section and Senior Trial Counsel.