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Tag Archives: preemption

Baltimore opts to delay Clean Air Act implementation (access required)

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 (access required)

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 (access required)

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 (access required)

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 (access required)

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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