Can't blame it on the rain.

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Across New England, stormwater pollution has emerged as the major pollution threat to the health of our rivers, lakes and streams. Some of the region's most treasured waters--the Charles River, Great Bay Estuary, Lake Champlain, Blackstone River and Casco Bay--are suffering due to polluted stormwater runoff.

Dramatic growth in development and sprawl has eliminated natural landscapes and expanded parking lots and other paved areas. During rain storms, stormwater runoff flows from these paved areas, picking up oil, toxic metals and other pollutants, and gets dumped directly into rivers and streams with little or no treatment. This polluted stormwater increases nutrient levels of phosphorus and nitrogen, triggering toxic-algae blooms, and causes many rivers, lakes and streams to fail even basic water quality standards.

Using first-of-its-kind legal advocacy, CLF is working across the region to enforce the Clean Water Act and clean up polluted stormwater to restore New England's treasured waterways. Not only has CLF's clean water team held big box developers accountable for the impacts of construction, but our attorneys scored a major precedent-setting victory in May when a federal judge ruled the Massachusetts Highway Department had failed to properly clean up stormwater pollution on its 2,500 miles of roads and bridges.

Here's a look at how CLF is leading the charge to combat stormwater pollution and protect some of our region's most treasured waters:

NEW HAMPSHIRE--VICTORY FOR GREAT BAY ESTUARY

Nitrogen pollution has been steadily rising in the Great Bay estuary, leading to an increased presence of nuisance algae that causes oxygen depletion and declines in critical eelgrass habitat. Great Bay now has nitrogen levels similar to those that led to the collapse of Chesapeake Bay. Last January, a legal settlement signed by CLF, the City of Portsmouth and the Environmental Protection Agency (EPA) put Portsmouth on the path to long-awaited reductions in wastewater and nitrogen pollution flowing into the Piscataqua River--an important part of the Great Bay estuary.

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In the settlement, Portsmouth agreed to include nitrogen removal as a key consideration in its ongoing assessment of future wastewater treatment options. Additionally, as part of the settlement, the City must conduct a detailed study, with input from CLF and EPA, of measures it can implement in the short-term.

MAINE--RESTORING THE HEALTH OF LONG CREEK 

Long Creek is a tributary of the Fore River which flows into Casco Bay, and has consistently failed the state's lowest water quality standards. Last March, CLF demanded that U.S. Environmental Protection Agency (EPA) start regulating urban stormwater discharges that are polluting Long Creek in South Portland, Maine.

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Under the Clean Water Act. EPA and state agencies must regulate stormwater discharges that contribute to violations of state water quality standards. Long Creek is in violation of basic water quality standards for dissolved oxygen levels, pollution from heavy metals and toxins, and loss of aquatic life. including the disappearance of native Brook Trout.

CLF's petition to the EPA asked the federal agency to curb Long Creek's pollution problem by requiring existing developments--including the Maine Mall area big box stores, theaters, car dealerships, hotels and restaurants--to install stormwater treatment and be " using best management practices.

MASSACHUSETTS--CLF FORCES CLEANUP OF POLLUTED WATER OFF HIGHWAYS

In a precedent-setting decision on May 30, 2008, a federal court judge ruled from the bench that the Massachusetts d Highway Department violated federal clean water laws by failing to develop an adequate stormwater cleanup plan for its 2,500 miles of roads and bridges. The decision, by Judge William G. Young, stems from a lawsuit filed by CLF, the Charles River Watershed Association and Leominster Land Trust charging that MassHighway was not properly implementing a provision of the federal Clean Water Act requiring them to control and clean up polluted water that flows off their roadways into neighboring lakes and streams.

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The state's Department of Conservation and Recreation had recently negotiated a settlement with CLF and agreed to clean up polluted stormwater runoff, but instead of negotiating MassHighway chose to confront CLF and the watershed groups in court. After six days of trial, Judge Young ordered MassHighway to commit to a two-year schedule for adopting a new, stormwater pollution cleanup plan for existing roadways and planned construction projects. The Judge also said the agency must quickly move to address pollution hot spots in Leominster and the Charles River watershed.

RHODE ISLAND--ENSURING BLACKSTONE RIVER IS SWIMMABLE

The Blackstone River begins in Worcester, MA and flows southerly through several Rhode Island communities and into Narragansett Bay. For years, the river has been unswimmable due to contamination from stormwater and sewage treatment plants. CLF has been actively involved in the Blackstone River Initiative, working together with the Blackstone River Coalition (BRC) toward the shared, ambitious goal of making the Blackstone River fishable and swimmable by 2015.

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Over the past three years, CLF has assisted with the cleanup of the Blackstone through two primary strategies. First, CLF attorneys established an overall legal framework by which the major sources of pollution in the Blackstone River could be addressed and ameliorated. Second, our Rhode Island Advocacy Center worked to develop innovative tools that empower local concerned citizens, acting through watershed councils, to become actively involved in reducing pollution in the Blackstone River by identifying pollution sources using online mapping resources and reporting the polluters to environmental officials.

VERMONT--A BETTER WAY TO BUILD NEAR LAKE CHAMPLAIN

Lake Champlain suffers from a deluge of polluted stormwater and industrial runoff, causing toxic algae blooms which appear in the lake's most popular bays and coves. When a Lowe's Home Supply store was proposed in South Burlington near one of the lake's tributaries, CLF intervened to ensure that the building process would be environmentally sound and prevent further pollution from entering the waterways. The January 2008 opening of the Lowe's Home Center store in South Burlington successfully capped seven years of CLF's efforts to demonstrate that Vermont can clean up Lake Champlain and its tributaries while still allowing responsible development.

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Through settlement with CLF, Lowe's committed to a higher cleanup standard than the state had required. These measures include improved stormwater retention ponds and a filtration system for runoff from the nearby Kmart Plaza--remedies that in combination will effectively eliminate the development's impact on a tributary known as Potash Brook. CLF and Lowe's also agreed to consult on sustainable water quality design for future projects.

Solutions to a Pervasive Problem

While CLF's advocacy focuses on holding polluters accountable to the Clean Water Act's requirement to control stormwater runoff, there are many other ways businesses, residents and local communities can help reduce stormwater pollution through existing and cost-effective solutions.

Individually, we can all do our part by reducing the amount of pesticide we use in our yards, properly maintaining Septic systems, composting our yard waste, and maintaining our cars to make sure harmful chemicals and debris stay out of our waterways.

Lowe's Home Center in Burlington is an example of solutions, like retention ponds and filtration systems for runoff, which must be implemented to create less environmental impact on surrounding waterways. Porous pavement, which allows rainwater to seep into the ground, and construction of trap nets in stormwater drains that filter out solid waste are other important measures. CLF will continue to focus on the enormous threat stormwater pollution poses to our rivers, lakes and streams and, at the same time, will partner with businesses and others to encourage research and development of innovative solutions to combat this growing problem.

For more information about CLF's stormwater cases around the region, visit www.clf.org.