DC AG sues contractor alleging decade of polluting waterways

D.C.’s attorney general sued one of the biggest construction firms in the region – which is also one of the biggest contractors doing business with the city – alleging the company has been polluting Washington’s waterways for almost a decade.

Fort Myer Construction handles much of the major road work in the District. Its headquarters in Northeast D.C. is not far from the Anacostia River.

According to the lawsuit, toxic runoff from the heavy equipment at the site has been making its way into the Anacostia since 2015.

“The heart of this lawsuit is that for the better part of a decade at this point, Fort Myer has been allowing petroleum-laden runoff to leave their Ward 5 facility into the stormwater system, which makes its way into the Anacostia River,” Assistant Deputy Attorney General Will Stephens said.

“D.C. agencies who are tasked with trying to work on this have tried to bring Fort Myer into compliance for several years, and the company’s continued to flout those efforts and continue to allow the runoff,” he said.

According to the lawsuit, the D.C. Department of Energy and Environment has been citing Fort Myer and instructing the company to correct the problem for almost 10 years.

The attorney general’s office alleges runoff from the facility flows into nearby storm drains and then empties into nearby streams that flow through the National Arboretum and empty into the Anacostia.

“We’re tasked with trying to protect these natural resources that belong to everybody, including the arboretum belongs not only to people the District, but the people of the United States – is run by the USDA – but the Anacostia River is one of our jewels, obviously, along with the Potomac,” Stephens said. “And so, we take very seriously trying to find ways to prevent and stop this kind of pollution, particularly with petroleum-laden chemicals and other gray water.”

A spokesperson for Fort Myer issued a statement to News4, saying, “Fort Myer Construction is proud to be an award-winning construction firm and leader in green infrastructure work. No construction company in the District has built more green infrastructure projects protecting our environment and making our neighborhoods more resilient to extreme weather caused by climate change. We do not agree with the allegations in this lawsuit and look forward to defending our record in court.”

According the attorney general, winning the lawsuit could mean millions of dollars in a civil judgement.

News4 reached out to the mayor’s office asking why the city would continue to award contracts to Fort Myer if it was not in compliance with environmental regulations, but the mayor’s office did not respond.

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