Virginia’s Water Control Board will allow the pharmaceutical company Merck dump 30,000 more pounds of nitrogen and 3,200 more pounds of phosphorus (the main ingredient in incendiary bombs) into the Shenandoah River. The dumping would take place in Elkton (Rockingham County).

The Chesapeake Bay foundation and Virginia Waterman’s Association is suing to prevent the additional pollution. The company will be able start dumping the additional waste in January, 2011.

Joseph Tannery, the Chesapeake Bay Foundation’s Deputy Director in Virginia said the decision lets Merck dump more waste into the river without requiring a reduction from others. He also maintains that the board’s decision violates a multi-state water-qualty agreement, since nitrogen in the Shenadoah River already exceeds the 312,00 pounds set by the agreement.