Hogan's Environment Agency was Underfunded and It Underperformed, Experts Say

Hunter Savery and Jon Meltzer, Capital News Service • April 30, 2024


Funding cuts and staffing shortages at the Maryland Department of the Environment (MDE) over the past decade have coincided with a decline in the state’s ecological health.

 

MDE’s water-related enforcement actions and identification of major polluters plummeted during former Gov. Larry Hogan’s time in office. During this same period, water quality standards in the Chesapeake Bay declined significantly, falling to the same levels as those observed in the early 1990s, according to data from Chesapeake Progress. 

 

Over two decades, MDE lost one out of every seven employees and those positions went unfilled as environmental challenges increased.

 

“What we saw in 2021 and in prior years was just a really dramatic cut-off (in resources) and Hogan’s initiatives to make sure that state agencies weren’t fully enforcing the law,” Katlynn Schmitt, a senior analyst at the Center for Progressive Reform, told Capital News Service. She is one of the authors of the 2022 Chesapeake Accountability Project scorecard — an evaluation of “water-related enforcement trends over the last two decades,” according to its website.

 

Ben Grumbles, Secretary of the Environment under Hogan from 2015 until March 2022, disputed allegations of lax water quality enforcement.

 

“The administration absolutely put an emphasis on compliance and enforcement,” he said. “We imposed and recovered many record setting penalties. We also had to deal with covid — we were not able to have on-site inspections because they put our employees at risk.”


“When you get much below 1% (funding), that's when you start to see a lot of pollution problems. It kind of sends a signal to polluters that you're not going to get caught,” said Doug Myers, Maryland senior scientist for the Chesapeake Bay Foundation.

 

More than 18 million people live within the Chesapeake watershed and over 3,600 species of plants and animals call the bay home. The bay is an integral part of the regional economy, providing upwards of 500 million pounds of seafood each year. However, commercial fishery stocks in the region have plummeted in recent years.

 

The Chesapeake Bay is America’s largest estuary, and its watershed encompasses six states and the District of Columbia. Among these, Maryland provided its environmental protection agency with one of the lowest funding levels in 2020. Only West Virginia allocated a smaller percentage of its general fund to its environmental department. 

 



This low funding has observable results. The 2022 CAP scorecard said that “there has been a dramatic decline in the number of enforcement actions taken by the Water & Science Administration (WSA) (a subsidiary of MDE), the number of sites inspected, and the number of significant violations identified involving environmental or health impacts.”

 

Although the scorecard says that the MDE situation has been degrading since the early 2000s, many of the identified changes became more severe during Hogan’s tenure, beginning in 2015.

 

From 2010 to 2015, the WSA took 1,280 enforcement actions against water policy violators; from 2016 to 2021, that number plummeted to less than a third of that, to 422. The number of total site inspections by the WSA also fell from almost 29,000 to less than 18,000 in those same time periods.

 

“So if your political philosophy is to shrink the size of government, and do as little as possible with it, that works great in your favor,” Myers told CNS. “But then when you get to the point where you're no longer producing the services the government is supposed to provide — for example, protecting water quality — then it's really hard to get that funding back.”

 



The decline in regulatory capacity at MDE coincided with new challenges for the Chesapeake Bay. 

 

In 2022, the Chesapeake Bay Foundation gave the bay’s health a D+ rating. The current score of 32/100 is only a marginal improvement over 1998’s inaugural score of 27/100. 

 

Chesapeake Progress found that only 27% of the Chesapeake Bay by surface area had acceptable levels of dissolved oxygen, chlorophyll alpha, and water clarity in 2020. This represents a precipitous drop from the monitoring program’s highs in the mid-2010s.

 

Phosphorus and nitrogen fuel the growth of algae species that thrive at the expense of other marine life. The Choptank River in Eastern Maryland in particular was determined to have “degrading” phosphorus and nitrogen load trends, according to Chesapeake Progress, as was the Susquehanna River’s overall long-term sediment trend.

 

Qian Zhang, an assistant research scientist at the Chesapeake Bay Program who worked on the Chesapeake Progress report, said that the primary source of these nutrient loads are “generally” agricultural facilities and farms. 

 

May report from Scientific American highlighted the Eastern Shore, home to the Choptank, as a region with many soy and corn farms, as well as chicken farms. According to river conservationist Elle Bassett, these farms can contribute extreme loads of problematic nutrients to water sources during heavy rains — and many are mere miles from the bay itself.

 

“A lot of pollution slips through the cracks, even with adequate enforcement of the laws,” Schmitt said. “There are far more polluters than there are regulators. So right now, for instance, in Maryland, every waterway inspector is given approximately 600 facilities that they are accountable for.” 

 

In 2022, there were 53 MDE inspectors tasked with managing 31,000 permits, according to Schmitt.

 

There are other emerging challenges beyond nutrient loads that the MDE needs to tackle, according to experts.

 

Peter Tango, Chesapeake Bay monitoring coordinator for CBP, said that new working groups are being created to keep tabs on new hydrological threats. 


“We recognize that there are new pollutants that are out in the bay that we may not necessarily understand as well as we do with nutrient and sediment pollution,” he said, such as plastics and even toxic chemicals. 

 

Compounding all of this is the looming threat of climate change.


Warmer waters hold less of the vital oxygen that marine life needs to survive. CBF’s Interim Maryland Executive Director Erik Fisher told CNS last spring that increased water temperatures mean that the amount of nitrogen and phosphorus pollution that needs to be reduced to hit healthy oxygen targets is higher now. Warmer water combined with rising sea levels reducing available freshwater wetlands makes bay restoration a steeper climb. 

 

Gov. Wes Moore’s 2024 budget includes over $5 million in funding for the MDE in support of “environmental conservation efforts,” as well as dozens of new positions. Moore’s administration has also increased the general fund allocation to the MDE by almost $30 million for 2024.

 

“We face an historic challenge,” Moore said of his administration’s climate goals in April, “and we will tackle it with an all-of-government, an all-of-community, and an all-of-state approach.”

 

 

Capital News Service is a student-powered news organization run by the University of Maryland Philip Merrill College of Journalism. For 26 years, they have provided deeply reported, award-winning coverage of issues of import to Marylanders.

 

Common Sense for the Eastern Shore

By Friends of Megan Outten July 29, 2025
Megan Outten, a lifelong Wicomico County resident and former Salisbury City Councilwoman, officially announced her candidacy recently for Wicomico County Council, District 7. At 33, Outten brings the energy of a new generation combined with a proven record of public service and results-driven leadership. “I’m running because Wicomico deserves better,” Outten said. “Too often, our communities are expected to do more with less. We’re facing underfunded schools, limited economic opportunities, and years of neglected infrastructure. I believe Wicomico deserves leadership that listens, plans ahead, and delivers real, measurable results.” A Record of Action and A Vision for the Future On Salisbury’s City Council, Outten earned a reputation for her proactive, hands-on approach — working directly with residents to close infrastructure gaps, support first responders, and ensure everyday voices were heard. Now she’s bringing that same focus to the County Council, with priorities centered on affordability, public safety, and stronger, more resilient communities. Key Priorities for District 7: Fully fund public schools so every child has the opportunity to succeed. Fix aging infrastructure and county services through proactive investment. Keep Wicomico affordable with smarter planning and pathways to homeownership. Support first responders and safer neighborhoods through better tools, training, and prevention. Expand resources for seniors, youth, and underserved communities. Outten’s platform is rooted in real data and shaped by direct community engagement. With Wicomico now the fastest-growing school system on Maryland’s Eastern Shore — and 85% of students relying on extra resources — she points to the county’s lagging investment as a key area for action. “Strong schools lead to strong jobs, thriving industries, and healthier communities,” Outten said. “Our schools and infrastructure are at a tipping point. We need leadership that stops reacting after things break — and starts investing before they do.” A Commitment to Home and Service Born and raised in Wicomico, Megan Outten sees this campaign as a continuation of her lifelong service to her community. Her vision reflects what she’s hearing from neighbors across the county: a demand for fairness, opportunity, and accountability in local government. “Wicomico is my home; it’s where I grew up, built my life, and where I want to raise my family,” Outten said. “Our county is full of potential. We just need leaders who will listen, work hard, and get things done. That’s what I’ve always done, and that’s exactly what I’ll continue to do on the County Council.” Outten will be meeting with residents across District 7 in the months ahead and unveiling more details of her platform. For more information or to get involved, contact info@meganoutten.com
By John Christie July 29, 2025
Way back in 1935, the Supreme Court determined that independent agencies like the Consumer Product Safety Commission (CPSC), the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) do not violate the Constitution’s separation of powers. Humphrey’s Executor v. United States (1935). Congress provided that the CPSC, like the NLRB and MSPB, would operate as an independent agency — a multi-member, bipartisan commission whose members serve staggered terms and could be removed only “for neglect of duty or malfeasance in office but for no other cause.” Rejecting a claim that the removal restriction interferes with the “executive power,” the Humphrey’s Court held that Congress has the authority to “forbid their [members’] removal except for cause” when creating such “quasi-legislative or quasi-judicial” bodies. As a result, these agencies have operated as independent agencies for many decades under many different presidencies. Shortly after assuming office in his second term, Donald Trump began to fire, without cause, the Democratic members of several of these agencies. The lower courts determined to reinstate the discharged members pending the ultimate outcome of the litigation, relying on Humphrey’s , resulting in yet another emergency appeal to the Supreme Court by the administration. In the first such case, a majority of the Court allowed President Trump to discharge the Democratic members of the NLRB and the MSPB while the litigation over the legality of the discharges continued. Trump v. Wilcox (May 22, 2025). The majority claimed that they do not now decide whether Humphrey’s should be overruled because “that question is better left for resolution after full briefing and argument.” However, hinting that these agency members have “considerable” executive power and suggesting that “the Government” faces greater “risk of harm” from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty,” the majority gave the President the green light to proceed. Justice Kagan, joined by Justices Sotomayor and Jackson, dissented, asserting that Humphrey’s remains good law until overturned and forecloses both the President’s firings and the Court’s decision to award emergency relief.” Our emergency docket, while fit for some things, should not be used to “overrule or revise existing law.” Moreover, the dissenters contend that the majority’s effort to explain their decision “hardly rises to the occasion.” Maybe by saying that the Commissioners exercise “considerable” executive power, the majority is suggesting that Humphrey’s is no longer good law but if that is what the majority means, then it has foretold a “massive change” in the law and done so on the emergency docket, “with little time, scant briefing, and no argument.” And, the “greater risk of harm” in fact is that Congress provided for these discharged members to serve their full terms, protected from a President’s desire to substitute his political allies. More recently, in the latest shadow docket ruling in the administration’s favor, the same majority of the Court again permitted President Trump to fire, without cause, the Democratic members of another independent agency, this time the Consumer Product Safety Commission (CPSC). Trump v. Boyle (July 23, 2025). The same three justices dissented, once more objecting to the use of the Court’s emergency docket to destroy the independence of an independent agency as established by Congress. The CPSC, like the NLRB and MSPB, was designed to operate as “a classic independent agency.” In Congress’s view, that structure would better enable the CPSC to achieve its mission — ensuring the safety of consumer products, from toys to appliances — than would a single-party agency under the full control of a single President. “By allowing the President to remove Commissioners for no reason other than their party affiliation, the majority has negated Congress’s choice of agency bipartisanship and independence.” The dissenters also assert that the majority’s sole professed basis for the more recent order in Boyle was its prior order in Wilcox . But in their opinion, Wilcox itself was minimally explained. So, the dissenters claim, the majority rejects the design of Congress for a whole class of agencies by “layering nothing on nothing.” “Next time, though, the majority will have two (if still under-reasoned) orders to cite. Truly, this is ‘turtles all the way down.’” Rapanos v. United States (2006). * ***** *In Rapanos , in a footnote to his plurality opinion, former Supreme Court Justice Scalia explained that this allusion is to a classic story told in different forms and attributed to various authors. His favorite version: An Eastern guru affirms that the earth is supported on the back of a tiger. When asked what supports the tiger, he says it stands upon an elephant; and when asked what supports the elephant, he says it is a giant turtle. When asked, finally, what supports the giant turtle, he is briefly taken aback, but quickly replies "Ah, after that it is turtles all the way down." John Christie was for many years a senior partner in a large Washington, D.C. law firm. He specialized in anti-trust litigation and developed a keen interest in the U.S. Supreme Court about which he lectures and writes.
By Shore Progress, Progessive Maryland, Progressive Harford Co July 15, 2025
Marylanders will not forget this vote.
Protest against Trumpcare, 2017
By Jan Plotczyk July 9, 2025
More than 30,000 of our neighbors in Maryland’s first congressional district will lose their health insurance through the Affordable Care Act and Medicaid because of provisions in the GOP’s heartless tax cut and spending bill passed last week.
Farm in Dorchester Co.
By Michael Chameides, Barn Raiser May 21, 2025
Right now, Congress is working on a fast-track bill that would make historic cuts to basic needs programs in order to finance another round of tax breaks for the wealthy and big corporations.
By Catlin Nchako, Center on Budget and Policy Priorities May 21, 2025
The House Agriculture Committee recently voted, along party lines, to advance legislation that would cut as much as $300 million from the Supplemental Nutrition Assistance Program. SNAP is the nation’s most important anti-hunger program, helping more than 41 million people in the U.S. pay for food. With potential cuts this large, it helps to know who benefits from this program in Maryland, and who would lose this assistance. The Center on Budget and Policy Priorities compiled data on SNAP beneficiaries by congressional district, cited below, and produced the Maryland state datasheet , shown below. In Maryland, in 2023-24, 1 in 9 people lived in a household with SNAP benefits. In Maryland’s First Congressional District, in 2023-24: Almost 34,000 households used SNAP benefits. Of those households, 43% had at least one senior (over age 60). 29% of SNAP recipients were people of color. 15% were Black, non-Hispanic, higher than 11.8% nationally. 6% were Hispanic (19.4% nationally). There were 24,700 total veterans (ages 18-64). Of those, 2,200 lived in households that used SNAP benefits (9%). The CBPP SNAP datasheet for Maryland is below. See data from all the states and download factsheets here.
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