District of Columbia Accuses Federal Government of Polluting Anacostia River With Toxic Waste

An Anacostia Riverkeeper boat passes along the river during a tour at Anacostia Park in Washington on May 1, 2024. Tom Brenner/AP Photo

The District of Columbia filed a lawsuit against the federal government on Jan. 10 alleging that it systematically contaminated the Anacostia River with toxic waste and chemicals for more than 150 years.

The lawsuit, filed by District of Columbia Attorney General Brian Schwalb, seeks to require the federal government to fund cleanup efforts for the river, which are set to begin this year.

The lawsuit alleges that federal agencies have used the waterway as a dumping ground for sewage, trash, and industrial waste such as chlordane and polychlorinated biphenyls (PCBs) since the 1800s.

Schwalb alleged that pollutants in the river don’t break down, causing long-lasting harm to the environment and aquatic wildlife and posing health risks, including cancer, asthma, and birth defects.

“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 attorney general said in a statement.

“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.”

The lawsuit was filed under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as well as the district’s Brownfield Revitalization Amendment Act of 2000.

The district argued that the U.S. government is “the biggest polluter” of the Anacostia River because it owns and controls the riverbed where hazardous substances are located and operates facilities that allegedly discharged these substances into the river.

These facilities include the Washington Navy Yard, which the district identified as the alleged source of PCB contamination in the river, and the Kenilworth Landfill, which allegedly released hazardous substances via surface water runoff.

The Anacostia River was further contaminated by the release of chemical waste from federal printing facilities, as well as raw sewage and toxic waste from a poorly designed sewer system, the district alleged.

The pollution has led to a decades-long swimming ban and fishing advisory along the river, according to the lawsuit. Schwalb called for the federal government to be held accountable for its “unlawful conduct.”

Efforts to modernize the sewer system and the Anacostia River Tunnel have cost district residents $1.8 billion, according to the lawsuit. The District of Columbia Water and Sewer Authority completed the final segment of the tunnel in 2023 to prevent sewer overflows into the river.

The Anacostia River, which flows through Maryland and Washington D.C. received a failing grade in the Anacostia Watershed Society’s 2023 State of the River Report Card, which assessed factors such as fecal bacteria levels, dissolved oxygen, and water clarity of the river.

The Department of Justice did not respond to a request for comment by publication time.