Tag Archives: preemption

Baltimore opts to delay Clean Air Act implementation

The smokestack of the Wheelabrator waste-to-energy incenerator is seen from Russell Street. (Photo submitted by Emma Moore)

Baltimore will hold off on implementing its Clean Air Act emissions mandates until a federal judge rules on pending motions in a lawsuit challenging the ordinance. The Baltimore Clean Air Act, signed into law in March 2019, imposes emissions standards that ...

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Maryland urges justices to reject Carroll Co.’s stormwater appeal

In this June 17, 2019 photo, The Supreme Court is shown in Washington. (AP Photo/J. Scott Applewhite)

States may impose upon their counties stormwater pollution-prevention standards more stringent than those called for under the federal Clean Water Act, the Maryland Department of the Environment stated Thursday in urging the U.S. Supreme Court to turn aside Carroll County’s ...

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State law does not preempt local pesticide controls, court says

If a Montgomery County ordinance restricting the use of certain pesticides went into effect, ‘it would have allowed over 180 Maryland jurisdictions to adopt their own pesticide regulations and that would have led to absolute confusion in the lawn care industry every Saturday,’ a lawyer for opponents says. (AP Photo/M. Spencer Green)

Local jurisdictions may impose greater restrictions on pesticide use than provided under Maryland law, the state’s second-highest court has ruled in a victory for Montgomery County. In its reported 3-0 decision, the Court of Special Appeals said the Maryland Agriculture ...

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City incinerators sue Baltimore over Clean Air Act

Destiny Watford, center, led  a coalition that fought a proposed incinerator at Curtis Bay.   (Submitted photo)

Baltimore incinerators and trade associations filed suit against the city over its recent emissions mandates Tuesday, alleging the Baltimore Clean Air Act is illegal and conflicts with existing state and federal requirements. The lawsuit was filed in U.S. District Court in ...

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Md. court agrees to report decision that state law preempts local solar farm regulation

Standard Solar developed, built and financed this 1.4 megawatt solar project, which is on six acres of school system-owned land at the Fort Smallwood Facilities complex in Pasadena. (Standard Solar photo)

The state has implicitly preempted local regulation of potential solar farms, according to a ruling from Maryland’s second-highest court re-issued Thursday as a reported opinion. The three-judge panel’s determination that the Maryland Public Services Commission has exclusive jurisdiction for considering applications for ...

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