EO-14428
Providing Meaningful Water Quality Improvements Through Collaboration and Oversight of Federal Support
- Signed
- Sep 16, 2026
- Published
- Sep 21, 2026
Federal Register: 2026-19335
Source: Federal Register.
Revoking 2009 Chesapeake Bay Order and Refocusing Federal Cleanup Funding
Impact4/10
What it does
This order revokes the 2009 Chesapeake Bay Protection and Restoration order and directs federal agencies to redirect Chesapeake Bay funding toward projects that show measurable water quality improvements. It also directs the EPA to work with the seven Bay watershed states and Washington, D.C. to assess local stormwater fees ("rain taxes") and encourage their repeal or rescission.
Who benefits
Residents and small businesses in Chesapeake Bay watershed jurisdictions who currently pay stormwater management fees; state and local governments seeking federal encouragement to eliminate those fees; agencies and projects that would receive redirected funding for direct pollution-reduction work; taxpayers who may see reduced local fee burdens.
Who is affected
State and local governments that rely on stormwater fee revenue to fund infrastructure, who may face federal pressure to repeal fees without a substitute funding source; environmental and conservation programs previously funded under the broader 2009 mandate that do not show "measurable" bay-specific results; advocacy groups and scientists who supported the original 2009 framework's broader approach to bay restoration.
Supporters argue
Supporters argue that after 17 years, the 2009 order's vague mandate allowed states and localities to impose costly "rain tax" stormwater fees on residents without clear evidence those fees improved Bay water quality. They contend that redirecting federal resources toward projects with objective, measurable outcomes—like sediment and nutrient reduction—would achieve better environmental results while relieving residents of unjustified financial burdens.
Opponents argue
Opponents argue that revoking the 2009 order removes a broad, decades-long framework for interstate Bay restoration cooperation without a proven replacement, potentially undermining coordinated cleanup efforts across seven jurisdictions. They contend that stormwater fees fund essential infrastructure that federal officials cannot simply substitute, and that pressuring states to repeal them could reduce funding for stormwater management regardless of any direct Bay benefit.
Constitutional basis
Executive orders rest on constitutional authority or statutory delegation. This summary describes the legal grounding cited or implied by the order.
The order is issued under the President's Article II executive power to direct federal agencies, in furtherance of the Clean Water Act, 33 U.S.C. 1251 et seq. It revokes a prior executive order (13508) rather than any statute, and directs federal agencies on funding priorities and coordination with states, without imposing new binding legal obligations on states themselves.