Legal
DC Attorney General Sues Contractor Fort Myer Construction Co. Over Stormwater Pollution
Firm contests the allegations and will defend charges in court
The Washington, D.C. district attorney is suing Fort Myer Construction for polluting the city’s stormwater system.
Image: Wikimedia
District of Columbia Attorney General Brian L. Schwalb filed a lawsuit against Washington, D.C.-based Fort Myer Construction Co. that alleges the road paving and infrastructure contractor contaminated the city stormwater system with runoff from an equipment yard.
The Oct. 17 suit in D.C. Superior Court alleges that the firm—described by the Washington Post as a preferred contractor by the city that has been awarded tens of millions worth of contracts—violated the Washington, D.C's Water Pollution Control Act by consistently allowing petroleum-contaminated runoff from its storage and maintenance yard to illegally discharge into stormwater sewers as far back as 2015. The city Dept. of Energy and the Environment issued multiple infractions and warnings during the next eight years as well as directive orders for the firm to apply for the required federal permit to discharge, according to Schwalb.
The lawsuit notes that Fort Myer Construction, which operates two asphalt plants in the city, received U.S. Environmental Protection Agency Permits this year that the city first asked it to apply for 10 years ago.
“For years, Fort Myer Construction threatened District residents’ health and safety by polluting our waterways in blatant violation of environmental laws,” Schwalb said in a statement. “The company ignored repeated orders from D.C. agencies to clean up its facility and obtain proper permits. My office will continue to ensure that all businesses play by the rules, and that all Washingtonians have access to clean water.”
The firm—which ranks at No. 353 on ENR’s 2024 Top 400 Contractors survey—maintains its innocence, according to Director of Marketing and Community Outreach Josh Brown.
“Fort Myer Construction is proud to be an award-winning construction firm and leader in green infrastructure work,” Brown said in an email to ENR. “No construction company in the District has built more green infrastructure projects protecting our environment and making our neighborhoods more resilient to extreme weather caused by climate change. We do not agree with the allegations in this lawsuit and look forward to defending our record in court.”
The Attorney General's office said it is seeking financial penalties for Fort Myer’s alleged violations.
