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The HyLife: D.C. attorney general sues U.S. for 150 years of polluting the Anacostia River

Posted on: February 12, 2025

By JESSICA ARENDS

Sunset view of the Anacostia River’s Northwest Branch as seen from the Route 1 bridge in North Brentwood
Credit: Jessica Arends

On Jan. 11, the D.C. Office of the Attorney General (OAG) sued the U.S. for polluting the Anacostia River at several sites since the early 1900s, including Kenilworth Park. According to the OAG press release, the Office is asking the federal government to pay to clean up the river to ensure it is safe again for fishing, swimming and wildlife.

The Anacostia River watershed is home to more than 800,000 people, including Hyattsville residents, 43 species of fish and 200 species of birds, according to the National Oceanic and Atmospheric Administration.

“It would be wonderful if people who live in Hyattsville could enjoy a clean river,” Hyattsvillian Celeste O’Neill said. As a rower and rowing coach, O’Neill is on the river three to four times a week. Launching from Bladensburg Waterfront Park, she often observes trash and slick spots on the surface and foul smells of pollution in the water. If a rower accidentally falls in, they are pulled out of the water immediately and hosed down, and their eyes are cleaned with antiseptic wipes, according to O’Neill.

“It’s really depressing sometimes. I feel bad for the wildlife. It would be great to be able to touch the water and not be scared all the time,” O’Neill said. 

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, according to the OAG press release. Health risks from these pollutants include cancer, neurological and developmental disorders, birth defects, asthma, diabetes, cardiovascular disease and other conditions.

According to the OAG, the lawsuit aims to hold the U.S. financially accountable for the damage it has “knowingly and intentionally caused,” especially considering how communities of color living east of the Anacostia have been disproportionately harmed by the pollutants. 

Throughout history, the U.S. 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, in the OAG press release. “As the nation’s Capital, the District should be a premier model for residents to access waterways which are safe, swimmable and fishable.”

Ducks at the Kenilworth Gardens along the Anacostia River
Courtesy of Erika Nizborski

Segregation policies in the 1950s allowed the District to create an illegal dump site along the Anacostia in the Kenilworth neighborhood of Ward 7 where trash leaked into the river and was burned regularly for 25 years, according to a The DC Line article. The burning produced air pollution comparable to the output of 1.5 million cars, according to a 1966 DC Health Department report cited in the article. The facility was closed in 1968 in response to protests following a 7-year-old boy’s tragic death at the dump. The dump site was then turned into Kenilworth Park despite numerous rounds of positive pollutant testing, which the National Park Service continues to call for today.

Trey Sherard serves as the riverkeeper at the Anacostia Riverkeeper, a local nonprofit that works to protect and restore the Anacostia. Anacostia Riverkeeper is proud to see the District’s Office of the Attorney General bring this major suit against the U.S. government for their reckless and significant pollution of the Anacostia River for over 150 years,” stated Sherard in the OAG press release. 

According to the Anacostia Watershed Society, freshwater species such as fish, crabs, crawfish and shrimp are disappearing at twice the rate of their dryland and ocean counterparts, with the biggest fish declining by 90%. River-dependent animals like the beaver and otter are returning to the Anacostia after a long absence, and levels of pollutants like PCBs, which are fatal to fish populations, are decreasing, but work still remains to bring Anacostia wildlife back to health including its edible fish.

In 2021, the District’s Anacostia River Sediment Project informed entities who have polluted the Anacostia — including the federal government — of their obligation to pay for cleanup efforts which are set to begin this year. Thus far, according to the press release, the U.S. has refused to accept responsibility for the cleanup.

The Anacostia Riverkeeper monitors the health of the river by regularly assessing E. coli bacteria, turbidity and pH levels through water sampling. According to the nonprofit’s 2024 monitoring report, the main stream sites of the Anacostia River received a passing score 57% of the time, and none of the tributary sites received a passing score. 

The Anacostia Watershed Society is addressing pollution by restoring freshwater mussels to the River through its Adopt A Mussel program. As of 2022, the organization has placed 35,000 mussels, which are very efficient at filtering sediment and bacteria from the water, into the Anacostia River.
The lawsuit names toxic waste dumping from several sites, including shipbuilding and gun manufacturing at the Navy Yard, the Kenilworth Landfill and the U.S. Bureau of Engraving and Printing, which dumps toxic chemicals directly into the Tidal Basin and the Washington Channel. Dredging the river bottom and poor sewage and wastewater management have also significantly contributed to toxic waste in the waterway, according to the press release. 

“I think the lawsuit could have an impact if it holds companies accountable,” O’Neill said. “As long as polluting is a cheaper option, people will continue to do it. It’s just human nature.”  

______________________
Jessica Arends is the arts, culture and lifestyle columnist for the Life & Times.

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