Mirant Seeks To Nix Md. County Carbon Emissions Tax

Law360, New York (June 2, 2010, 5:16 PM EDT) -- Mirant Mid-Atlantic LLC has filed a declaratory action seeking to bar as unconstitutional legislation passed by Montgomery County, Md., that would impose an excise tax on major carbon emitters in the county.

The utility lodged its complaint Tuesday in the U.S. District Court for the District of Maryland, arguing that the new law is illegal because a Mirant coal-fired power generation plant would be the only entity taxed under the regulation, which seeks a fee of $5 per ton of carbon dioxide emitted on stationary sources...
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