Devens Clean Water Act Lawsuit Settled

CLF, Devens Enterprise Commission, and MassDevelopment agree on path forward

The Nashua River

March 2, 2021 (BOSTON, MA) – Conservation Law Foundation (CLF) has settled a lawsuit against Devens Enterprise Commission and MassDevelopment regarding harmful stormwater pollution at the former Fort Devens Army Base. CLF sued the agencies in 2018 because they were operating without the legally required stormwater discharge permit under the Clean Water Act in their redevelopment of the site.

“This settlement means the owners of the Devens site are addressing stormwater pollution at Devens in compliance with the Clean Water Act,” said Christopher Kilian, Vice President of Strategic Litigation at CLF. “MassDevelopment now has a legally enforceable permit that ensures it will follow Clean Water Act pollution requirements. MassDevelopment’s and Devens Enterprise Commission’s commitment to green improvements to the site’s stormwater system will result in a healthier Nashua River and surrounding waters.”

As part of the agreement, future development at Devens will comply with Clean Water Act storm sewer permit requirements. MassDevelopment has committed to complete four stormwater remediation projects within ten years, and Devens Enterprise Commission will include green streets policies in its stormwater regulations. Further, the settlement agreement supports CLF’s continued involvement in efforts to clean up toxic PFAS contamination at the site.

The lawsuit can be found here, and the settlement agreement can be found here.

CLF experts are available for further comment.