“Katy Ward and Colin Van Dyke have positioned the Buzzards Bay Coalition in the best possible posture to ensure that this source of pollution is cleaned up. It makes a real difference for nonprofit advocates to have attorneys like Katy and Colin share their energy and expertise.”
Korrin Petersen
Senior Attorney
Buzzards Bay Coalition
Buzzards Bay Team Follows the Flow
The coastal waters around Marion, Massachusetts are popular with swimmers and boaters, and are home to a variety of vegetation, fish, and shellfish. But in recent years, the area's lovely coves and harbors have experienced elevated levels of nitrogen, which promotes the growth of algae. Over time, if nitrogen levels continue to rise, the water will get murkier and less suitable for sea life — compromising the ecosystem and limiting opportunities for fishing and recreational activities.
Since 1971, Marion has used three unlined sewer lagoons as part of its wastewater treatment system. As noted in a 2011 environmental report, nitrogen from these lagoons, which stretch over 20 acres, appears to be leaking into the groundwater. From there, it makes its way to Marion's coastal waters and Buzzards Bay.
In 2013, Korrin Petersen, a senior attorney with Buzzards Bay Coalition, contacted Mintz Levin for help. Working with Korrin and others from the nonprofit, attorneys Katy Ward and Colin Van Dyke developed an effective legal strategy to require more stringent pollution limits. With assistance from summer associates Matt Karambelas and Kaoru Suzuki, now attorneys at the firm, and legal specialists Katie Durham and Travis Leach, Katy and Colin conducted extensive preliminary research on how the use of Marion's lagoons could be regulated by state and federal law.
"When Katy volunteered to represent a regional environmental nonprofit on coastal water quality issues, I'm not sure she anticipated becoming both a legal and technical expert in nitrogen pollution, wastewater treatment, and the various ways the federal government regulates (or fails to regulate) the management of sewage sludge," Korrin says. "I'm happy to report that she is today."
Consulting with senior environmental attorneys Ralph Child and Jeff Porter, Katy and Colin then developed a strong legal argument under the federal Clean Water Act and Massachusetts groundwater discharge regulations. Their efforts culminated in the preparation of a letter to the Massachusetts Department of Environmental Protection and the federal Environmental Protection Agency that requested action within 60 days.
In response, the agency agreed to issue a renewed National Pollutant Discharge Elimination System (NPDES) permit that will require Marion to reduce the nitrogen emitted from its lagoons within a specified time frame.
"Taking on raw sewage and sludge issues for a nonprofit isn't the most glamorous pro bono work," Korrin says, "but it's important to protect water quality for the use and enjoyment of all." The Mintz Levin team was proud to play a role in helping Korrin and the Buzzards Bay Coalition safeguard the health of the bay's ecosystem.