Enforcement of the Clean Water Act will at long last require mandatory control of nitrogen pollution, which is killing Cape Cod’s priceless estuaries. Photo: Scott Varisco via Shutterstock
June 10, 2025 (Boston, MA) – A federal judge has ruled that Conservation Law Foundation’s (CLF) lawsuit against the Town of Barnstable can move forward, rejecting key parts of a motion to dismiss. CLF’s lawsuit targets harmful nitrogen pollution from Barnstable’s Hyannis sewage treatment plant. The pollution leads to toxic algae outbreaks that destroy habitats and sicken people and pets.
The court’s ruling marks the first time that a wastewater treatment plant on Cape Cod, discharging through the Cape’s sandy soil and groundwater, has been found to be potentially subject to the Clean Water Act. Enforcement of the Clean Water Act will at long last require mandatory control of nitrogen pollution, which is killing Cape Cod’s priceless estuaries.
“This is an important step in our fight to restore and protect Cape Cod’s iconic waters,” said CLF Vice President for Strategic Litigation Christopher Kilian. “This pollution has been damaging Cape Cod’s environment for far too long. We will continue our efforts to ensure that Barnstable is held accountable to stop its contribution of nitrogen pollution and protect the Cape’s waters for future generations.”
The town has been violating the Clean Water Act by releasing nitrogen contaminated wastewater into the sandy soil of Cape Cod where it travels to various bodies of water throughout the Lewis Bay watershed. The pollution fuels harmful algae blooms, depletes oxygen in the water, and threatens marine life, recreational uses, and public health.
The judge’s ruling excluded a narrow subset of ponds from CLF’s case, but affirmed the majority of the claims. The case will now proceed toward trial.
The court ruling can be read here.
CLF experts are available for further comment.
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