Md. Appeals Court Says Existing Rule Governed Water Permit

Law360 (October 29, 2020, 10:16 PM EDT) -- A Maryland state appeals court has affirmed state regulators rightfully set deadlines to adhere to water quality permits for three GenOn Energy Inc. power plants based on the federal environmental regulations at the time the permits were issued instead of speculating about future rulemaking.

A three-judge Court of Special Appeals panel on Wednesday upheld three lower court opinions that said the Maryland Department of the Environment didn't act arbitrarily or capriciously when it followed existing federal regulations to set compliance deadlines for the three GenOn coal-powered power plants instead of waiting to make a finding until future rulemaking teased by the...

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