Aerial view of algae mats in Warren's Cove in Marston Mills, Massachusetts. Cape Cod.
October 23, 2024 (Boston, MA) – Conservation Law Foundation (CLF) is keeping up its fight to stop Barnstable’s sewage treatment plant from polluting Cape Cod’s waters with nitrogen, leading to toxic algae outbreaks that destroy habitats and sicken people and pets. CLF filed a response to Barnstable’s motion to dismiss its July lawsuit.
“The Town of Barnstable can’t dismiss the fact that its sewage plant is polluting Cape Cod’s cherished waters,” said Maggie Nivison, CLF staff attorney. “Barnstable has been unwilling to take the action necessary to stop the damage being done to marine life and uphold its responsibility to protect Cape Cod’s natural beauty and biodiversity. Every day wasted jeopardizes the health of our waters and threatens the livelihoods of those that depend on them.”
Nitrogen pollution from Barnstable’s Hyannis sewage treatment plant is discharged into the sandy soil of Cape Cod where it travels to various bodies of water throughout the Lewis Bay watershed. The pollution destroys the coastal ecosystems and the resulting algae outbreaks force the closure of ponds and beaches each year, which harms the local economy and dampens tourism. It also harms the fishing and cultural practices of the Mashpee Wampanoag Tribe, which has deep historical ties to waters of Cape Cod—part of its traditional and ancestral land.
Barnstable has an opportunity to respond to CLF’s latest filing. Both sides have asked the judge to schedule oral arguments on the motion to dismiss and are awaiting a decision.
CLF’s response to the motion to dismiss can be found here.
CLF experts are available for further comment.
###