Law360, New York (May 22, 2008) -- On May 19th, the U.S. Court of Appeals for the Fourth Circuit reversed a decision of the U.S. District Court for the District of Maryland, and held that a Baltimore County Council zoning amendment prohibiting the siting of liquefied natural gas (LNG) facilities in previously designated Chesapeake Bay Critical Areas in Baltimore County was preempted by the Natural Gas Act (NGA).
The Fourth Circuit held that the zoning amendment was not part of Maryland’s federally approved Coastal Zone Management Plan (CMP), and therefore not saved from preemption as an exercise of...
