MD appeals court addresses challenge to state permits
May 28, 2018 by Mitchell Williams Selig Gates & Woodyard P.L.L.C.
Annapolis, MD – The Court of Special Appeals of Maryland recently addressed an appeal of a Circuit Court for Anne Arundel County decision upholding Maryland Department of the Environment permits for Concentrated Animal Feeding Operations under the Clean Water Act’s National Pollutant Discharge Elimination System Permit Program.
Food and Water Watch and the Assateague Coastal Trust challenged Maryland’s permit restrictions both during open public comments before promulgation and in Circuit Court following the permits finalization.
The United States Environmental Protection Agency is authorized to delegate Clean Water Act permitting requirements to the states. The states may promulgate regulations with a narrower scope. The issue in this case was whether MDE’s restriction was consistent with the requirements with state and federal laws, including the CWA. READ MORE