Baltimore Air Quality Ordinance Trumped By State Law

By Keith Goldberg (March 27, 2020, 5:41 PM EDT) -- A Maryland federal judge said Friday that a Baltimore ordinance clamping down on emissions from waste-to-energy facilities is preempted by state law, handing a win to companies and trade groups that claimed Baltimore's law was designed solely to shut down incinerators in the city.

U.S. District Judge George L. Russell III agreed with Wheelabrator Technologies, Curtis Bay Baltimore Regional Medical, the Energy Recovery Council and the National Waste & Recycling Association that Baltimore's Clean Air Act conflicts with Maryland air pollution laws by prohibiting incinerators from operating in a way expressly authorized by the state's permitting system under Title V of...

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